Goto Section: 1.241 | 1.243 | Table of Contents
Revised as of September 1, 2021
Goto Year:2020 |
§ 1.242 Appointment of case manager when Commission is the presiding
When the Commission designates itself as the presiding officer in a
hearing proceeding, it may delegate authority to a case manager to
develop the record in a written hearing (see § § 1.370 through 1.377).
The case manager must be a staff attorney who qualifies as a neutral
under 5 U.S.C. 571 and 573. The Commission shall not designate any of
the following persons to serve as case manager in a case, and they may
not advise or assist the case manager: Staff who participated in
identifying the specific issues designated for hearing; staff who have
taken or will take an active part in investigating, prosecuting, or
advocating in the case; or staff who are expected to investigate and
act upon petitions to deny (including challenges thereto). A case
manager shall have authority to perform any of the functions generally
performed by the presiding officer, except that a case manager shall
have no authority to resolve any new or novel issues, to issue an order
on the merits resolving any issue designated for hearing in a case, to
issue an order on the merits of any motion for summary decision filed
under § 1.251, or to perform any other functions that the Commission
reserves to itself in the order appointing a case manager.
[ 85 FR 63176 , Oct. 6, 2020]
Goto Section: 1.241 | 1.243
Goto Year: 2020 |
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