§ 1.91   Revocation and/or cease and desist proceedings; hearings.

   (a) If it appears that a station license or construction permit should be
   revoked  and/or  that  a  cease and desist order should be issued, the
   Commission will issue an order directing the person to show cause why an
   order  of revocation and/or a cease and desist order, as the facts may
   warrant, should not be issued.

   (b) An order to show cause why an order of revocation and/or a cease and
   desist order should not be issued will contain a statement of the matters
   with respect to which the Commission is inquiring and will call upon the
   person  to  whom  it is directed (the respondent) to appear before the
   Commission at a hearing, at a time and place stated in the order, but not
   less than thirty days after the receipt of such order, and given evidence
   upon the matters specified in the order to show cause. However, if safety of
   life or property is involved, the order to show cause may specify a hearing
   date less than thirty days from the receipt of such order.

   (c)  To avail himself of such opportunity for hearing, the respondent,
   personally or by his attorney, shall file with the Commission, within thirty
   days of the service of the order or such shorter period as may be specified
   therein, a written appearance stating that he will appear at the hearing and
   present evidence on the matters specified in the order. The Commission in
   its discretion may accept a late appearance. However, an appearance tendered
   after the specified time has expired will not be accepted unless accompanied
   by a petition stating with particularity the facts and reasons relied on to
   justify such late filing. Such petition for acceptance of late appearance
   will be granted only if the Commission determines that the facts and reasons
   stated therein constitute good cause for failure to file on time.

   (d) Hearings on the matters specified in such orders to show cause shall
   accord  with the practice and procedure prescribed in this subpart and
   subpart B of this part, with the following exceptions: (1) In all such
   revocation and/or cease and desist hearings, the burden of proceeding with
   the introduction of evidence and the burden of proof shall be upon the
   Commission; and (2) the Commission may specify in a show cause order, when
   the circumstances of the proceeding require expedition, a time less than
   that prescribed in § § 1.276 and 1.277 within which the initial decision in
   the proceeding shall become effective, exceptions to such initial decision
   must be filed, parties must file requests for oral argument, and parties
   must file notice of intention to participate in oral argument.

   (e) Correction of or promise to correct the conditions or matters complained
   of in a show cause order shall not preclude the issuance of a cease and
   desist order. Corrections or promises to correct the conditions or matters
   complained  of,  and the past record of the licensee, may, however, be
   considered in determining whether a revocation and/or a cease and desist
   order should be issued.

   (f) Any order of revocation and/or cease and desist order issued after
   hearing pursuant to this section shall include a statement of findings and
   the grounds therefor, shall specify the effective date of the order, and
   shall be served on the person to whom such order is directed.

   (Sec. 312, 48 Stat. 1086, as amended; 47 U.S.C. 312)

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