§ 1.274   Certification of the record to the Commission for initial or final
decision.

   (a) Where the presiding officer is available to the Commission, and where
   the Commission finds upon the record that due and timely execution of its
   functions imperatively and unavoidably so requires, the Commission may
   direct  that the record in a pending proceeding be certified to it for
   initial or final decision. Unless the Commission finds that due and timely
   execution of its functions imperatively and unavoidably requires that no
   recommended decision be issued, the presiding officer will prepare and file
   a recommended decision, which will be released with the Commission's initial
   or final decision.

   (b) Where the presiding officer becomes unavailable to the Commission after
   the taking of testimony has been concluded, the Commission may direct that
   the record in a pending proceeding be certified to it for initial or final
   decision. In that event, the record shall be certified to the Commission by
   the Chief Administrative Law Judge.

   (c)(1) Where the presiding officer becomes unavailable to the Commission
   after the taking of evidence has commenced but before it has been concluded,
   the  Commission may order a rehearing before another presiding officer
   designated in accordance with § 1.241.

   (2)  Upon  a  finding  that  due and timely execution of its functions
   imperatively  and  unavoidably  so requires, the Commission may (as an
   alternative)  order that the hearing be continued by another presiding
   officer designated in accordance with § 1.241 or by the Commission itself. In
   that event, the officer continuing the hearing shall, upon completion of the
   hearing, certify the proceeding to the Commission for an initial or final
   decision. Unless the Commission finds upon the record that due and timely
   execution of its functions imperatively and unavoidably requires that no
   recommended decision be issued, the officer continuing the hearing shall
   prepare and file a recommended decision to be released with the Commission's
   initial or final decision. If all the parties expressly consent, and if the
   Commission does not order otherwise, the officer continuing the hearing may
   prepare an initial decision.

   (Sec. 409, 48 Stat. 1096, as amended; 47 U.S.C. 409)

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