§ 1.277   Exceptions; oral arguments.

   (a) The consolidated supporting brief and exceptions to the initial decision
   (see § 1.276(a)(2)), including rulings upon motions or objections, shall
   point out with particularity alleged material errors in the decision or
   ruling and shall contain specific references to the page or pages of the
   transcript of hearing, exhibit or order if any on which the exception is
   based. Any objection not saved by exception filed pursuant to this section
   is waived.

   (b)  Within  the period of time allowed in § 1.276(a) for the filing of
   exceptions, any party may file a brief in support of an initial decision, in
   whole or in part, which may contain exceptions and which shall be similar in
   form to the brief in support of exceptions (see § 1.276(a)(2)).

   (c) Except by special permission, the consolidated brief and exceptions will
   not be accepted if the exceptions and argument exceed 25 double-spaced
   typewritten pages in length. (The table of contents and table of citations
   are not counted in the 25 page limit; however, all other contents of and
   attachments to the brief are counted.) Within 10 days, or such other time as
   the Commission or delegated authority may specify, after the time for filing
   exceptions has expired, any other party may file a reply brief, which shall
   not exceed 25 double spaced typewritten pages and shall contain a table of
   contents and a table of citations. If exceptions have been filed, any party
   may request oral argument not later than five days after the time for filing
   replies  to  the  exceptions  has expired. The Commission or delegated
   authority, in its discretion, will grant oral argument by order only in
   cases where such oral presentations will assist in the resolution of the
   issues presented. Within five days after release of an order designating an
   initial decision for oral argument, as provided in paragraph (d) of this
   section, any party who wishes to participate in oral argument shall file a
   written notice of intention to appear and participate in oral argument.
   Failure  to  file  a  written  notice shall constitute a waiver of the
   opportunity to participate.

   (d)  Each  order  scheduling a case for oral argument will contain the
   allotment of time for each party for oral argument before the Commission.
   The Commission will grant, in its discretion, upon good cause shown, an
   extension of such time upon petition by a party, which petition must be
   filed within 5 days after issuance of said order for oral argument.

   (e) Within 10 days after a transcript of oral argument has been filed in the
   Office of the Secretary, any party who participated in the oral argument may
   file with the Commission a motion requesting correction of the transcript,
   which motion shall be accompanied by proof of service thereof upon all other
   parties who participated in the oral argument. Within 5 days after the
   filing of such a motion, other parties may file a pleading in support of or
   in opposition to such motion. Thereafter, the officer who presided at the
   oral argument shall, by order, specify the corrections to be made in the
   transcript, and a copy of the order shall be served upon all parties to the
   proceeding. The officer who presided at the oral argument may, on his own
   initiative, by order, specify corrections to be made in the transcript on 5
   days notice of the proposed corrections to all parties who participated in
   the oral argument.

   (f)  Any  commissioner  who is not present at oral argument and who is
   otherwise authorized to participate in a final decision may participate in
   making that decision after reading the transcript of oral argument.

   (Sec. 409, 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;  41 FR 34259 , Aug. 13, 1976;  44 FR 12426 , Mar. 7, 1979;  56 FR 793 , Jan. 9, 1991;  62 FR 4171 , Jan. 29, 1997;  71 FR 15618 , Mar. 29, 2006]

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