Goto Section: 1.243 | 1.245 | Table of Contents
Revised as of October 26, 2020
Goto Year:2020 |
§ 1.244 Designation of a settlement judge.
Link to an amendment published at 85 FR 63176 , Oct. 6, 2020.
(a) In broadcast comparative cases involving applicants for only new
facilities, the applicants may request the appointment of a settlement
judge to facilitate the resolution of the case by settlement.
(b) Where all applicants in the case agree that such procedures may be
beneficial, such requests may be filed with the presiding judge no
later than 15 days prior to the date scheduled by the presiding judge
for the commencement of hearings. The presiding judge shall suspend the
procedural dates in the case and forward the request to the Chief
Administrative Law Judge for action.
(c) If, in the discretion of the Chief Administrative Law Judge, it
appears that the appointment of a settlement judge will facilitate the
settlement of the case, the Chief Judge will appoint a “neutral” as
defined in 5 U.S.C. 581 and 583(a) to act as the settlement judge.
(1) The parties may request the appointment of a settlement judge of
their own choosing so long as that person is a “neutral” as defined in
5 U.S.C. 581.
(2) The appointment of a settlement judge in a particular case is
subject to the approval of all the applicants in the proceeding. See 5
(3) The Commission's Administrative Law Judges are eligible to act as
settlement judges, except that an Administrative Law Judge will not be
appointed as a settlement judge in any case in which the Administrative
Law Judge also acts as the presiding officer.
(4) Other members of the Commission's staff who qualify as neutrals may
be appointed as settlement judges, except that staff members whose
duties include drafting, review, and/or recommendations in adjudicatory
matters pending before the Commission shall not be appointed as
(d) The settlement judge shall have the authority to require applicants
to submit their written direct cases for review. The settlement judge
may also meet with the applicants and/or their counsel, individually
and/or at joint conferences, to discuss their cases and the cases of
their competitors. All such meetings will be off-the-record, and the
settlement judge may express an opinion as to the relative comparative
standing of the applicants and recommend possible means to resolve the
proceeding by settlement. The proceedings before the settlement judge
shall be subject to the confidentiality provisions of 5 U.S.C. 574.
Moreover, no statements, offers of settlement, representations or
concessions of the parties or opinions expressed by the settlement
judge will be admissible as evidence in any Commission licensing
[ 56 FR 793 , Jan. 9, 1991, as amended at 62 FR 4171 , Jan. 29, 1997; 76 FR 70908 , Nov. 16, 2011]
Goto Section: 1.243 | 1.245
Goto Year: 2020 |
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