§ 1.276   Appeal and review of initial decision.

   (a)(1) Within 30 days after the date on which public release of the full
   text of an initial decision is made, or such other time as the Commission
   may specify, any of the parties may appeal to the Commission by filing
   exceptions to the initial decision, and such decision shall not become
   effective and shall then be reviewed by the Commission, whether or not such
   exceptions may thereafter be withdrawn. It is the Commission's policy that
   extensions of time for filing exceptions shall not be routinely granted.

   (2) Exceptions shall be consolidated with the argument in a supporting brief
   and shall not be submitted separately. As used in this subpart, the term
   exceptions means the document consolidating the exceptions and supporting
   brief. The brief shall contain (i) a table of contents, (ii) a table of
   citations, (iii) a concise statement of the case, (iv) a statement of the
   questions of law presented, and (v) the argument, presenting clearly the
   points of fact and law relied upon in support of the position taken on each
   question, with specific reference to the record and all legal or other
   materials relied on.

   (b) The Commission may on its own initiative provide, by order adopted not
   later than 20 days after the time for filing exceptions expires, that an
   initial  decision shall not become final, and that it shall be further
   reviewed or considered by the Commission.

   (c)  In  any case in which an initial decision is subject to review in
   accordance with paragraph (a) or (b) of this section, the Commission may, on
   its own initiative or upon appropriate requests by a party, take any one or
   more of the following actions:

   (1) Hear oral argument on the exceptions;

   (2) Require the filing of briefs;

   (3) Prior to or after oral argument or the filing of exceptions or briefs,
   reopen the record and/or remand the proceedings to the presiding officer to
   take further testimony or evidence;

   (4) Prior to or after oral argument or the filing of exceptions or briefs,
   remand the proceedings to the presiding officer to make further findings or
   conclusions; and

   (5) Prior to or after oral argument or the filing of exceptions or briefs,
   issue,  or cause to be issued by the presiding officer, a supplemental
   initial decision.

   (d) No initial decision shall become effective before 50 days after public
   release of the full text thereof is made unless otherwise ordered by the
   Commission.  The  timely  filing  of exceptions, the further review or
   consideration of an initial decision on the Commission's initiative, or the
   taking of action by the Commission under paragraph (c) of this section shall
   stay the effectiveness of the initial decision until the Commission's review
   thereof has been completed. If the effective date of an initial decision
   falls within any further time allowed for the filing of exceptions, it shall
   be postponed automatically until 30 days after time for filing exceptions
   has expired.

   (e) If no exceptions are filed, and the Commission has not ordered the
   review of an initial decision on its initiative, or has not taken action
   under paragraph (c) of this section, the initial decision shall become
   effective, an appropriate notation to that effect shall be entered in the
   docket of the case, and a “Public Notice” thereof shall be given by the
   Commission. The provisions of § 1.108 shall not apply to such public notices.

   (f) When any party fails to file exceptions within the specified time to an
   initial decision which proposes to deny its application, such party shall be
   deemed to have no interest in further prosecution of its application, and
   its application may be dismissed with prejudice for failure to prosecute.

   (Sec. 40, 48 Stat. 1096, as amended; 47 U.S.C. 409)

   [ 28 FR 12425 , Nov. 22, 1963, as amended at  41 FR 14873 , Apr. 8, 1976]

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