§ 1.267   Initial and recommended decisions.

   (a) Except as provided in this paragraph, in § § 1.94, 1.251 and 1.274, or
   where the proceeding is terminated on motion (see § 1.302), the presiding
   officer shall prepare an initial (or recommended) decision, which shall be
   transmitted to the Secretary of the Commission. In the case of rate making
   proceedings conducted under sections 201-205 of the Communications Act, the
   presumption shall be that the presiding officer shall prepare an initial or
   recommended  decision.  The  Secretary  will  make the decision public
   immediately and file it in the docket of the case.

   (b) Each initial and recommended decision shall contain findings of fact and
   conclusions, as well as the reasons or basis therefor, upon all the material
   issues of fact, law, or discretion presented on the record; each initial
   decision shall also contain the appropriate rule or order, and the sanction,
   relief  or denial thereof; and each recommended decision shall contain
   recommendations as to what disposition of the case should be made by the
   Commission. Each initial decision will show the date upon which it will
   become effective in accordance with the rules in this part in the absence of
   exceptions, appeal, or review.

   (c) The authority of the Presiding Officer over the proceedings shall cease
   when he has filed his Initial or Recommended Decision, or if it is a case in
   which  he  is  to file no decision, when he has certified the case for
   decision: Provided, however, That he shall retain limited jurisdiction over
   the proceeding for the purpose of effecting certification of the transcript
   and  corrections  to the transcript, as provided in § § 1.260 and 1.261,
   respectively, and for the purpose of ruling initially on applications for
   awards of fees and expenses under the Equal Access to Justice Act.

   (Sec. 409, 48 Stat. 1096, as amended; 47 U.S.C. 409, 5 U.S.C. 557; secs. 4,
   303, 307, 48 Stat., as amended, 1066, 1082, 1083: 47 U.S.C. 154, 303, 307)

   [ 28 FR 12425 , Nov. 22, 1963, as amended at  41 FR 14873 , Apr. 8, 1976;  47 FR 3786 , Jan. 27, 1982]

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