FCC 1.267 Revised as of December 4, 2012
Goto Year:2011 |
§ 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
(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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