Goto Section: 0.192 | 0.203 | Table of Contents
Revised as of October 22, 2020
Goto Year:2020 |
§ 0.201 General provisions.
Link to an amendment published at 85 FR 63171 , Oct. 6, 2020.
(a) There are three basic categories of delegations made by the
Commission pursuant to section 5(c) of the Communications Act of 1934,
(1) Delegations to act in non-hearing matters and proceedings. The
great bulk of delegations in this category are made to bureau chiefs
and other members of the Commission's staff. This category also
includes delegations to individual commissioners and to boards or
committees of commissioners.
(2) Delegations to rule on interlocutory matters in hearing
proceedings. Delegations in this category are made to the Chief
Administrative Law Judge.
Note to paragraph (a)(2): Interlocutory matters which are not delegated
to the Chief Administrative Law Judge are ruled on by the presiding
officer by virtue of the authority vested in him to control the course
and conduct of the hearing. This authority stems from section 7 of the
Administrative Procedure Act and section 409 of the Communications Act
rather than from delegations of authority made pursuant to section 5(c)
of the Communications Act. (See § § 0.218 and 0.341.).
(3) Delegations to review an initial decision. Delegations in this
category are made to individual commissioners, to panels of
(b) Delegations are arranged in this subpart under headings denoting
the person, panel, or board to whom authority has been delegated,
rather than by the categories listed in paragraph (a) of this section.
(c) Procedures pertaining to the filing and disposition of
interlocutory pleadings in hearing proceedings are set forth in § § 1.291
through 1.298 of this chapter. Procedures pertaining to appeals from
rulings of the presiding officer are set forth in § § 1.301 and 1.302.
Procedures pertaining to reconsideration and review of actions taken
pursuant to delegated authority are set forth in § § 1.101, 1.102, 1.104,
1.106, 1.113, 1.115, and 1.117. Procedures pertaining to exceptions to
initial decisions are set forth in § § 1.276 through 1.279.
(d) The Commission, by vote of a majority of the members then holding
office, may delegate its functions either by rule or by order, and may
at any time amend, modify, or rescind any such rule or order.
(1) Functions of a continuing or recurring nature are delegated by
rule. The rule is published in the Federal Register and is included in
(2) Functions pertaining to a particular matter or proceeding are
delegated by order. The order is published in the Federal Register and
associated with the record of that matter or proceeding, but neither
the order nor any reference to the delegation made thereby is included
in this subpart.
[ 28 FR 12402 , Nov. 22, 1963, as amended at 50 FR 26567 , June 27, 1985;
62 FR 4170 , Jan. 29, 1997; 76 FR 70907 , Nov. 16, 2011]
Goto Section: 0.192 | 0.203
Goto Year: 2020 |
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