Goto Section: 1.265 | 1.271 | Table of Contents
Revised as of September 1, 2021
Goto Year:2020 |
§ 1.267 Initial and recommended decisions.
(a) Except as provided in § § 1.94, 1.251, and 1.274, when the proceeding
is terminated on motion, or when the presiding officer is the
Commission, 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 case.
(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) When the Commission is not the presiding officer, the authority of
the presiding officer over the proceedings shall cease when the
presiding officer has filed an Initial or Recommended Decision, or if
it is a case in which the presiding officer is to file no decision,
when they have certified the case for decision: Provided, however, That
the presiding officer shall retain limited jurisdiction over the
proceeding for the purpose of effecting certification of the record and
corrections to the transcript, as provided in § § 1.265 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; 85 FR 63178 , Oct. 6, 2020]
Goto Section: 1.265 | 1.271
Goto Year: 2020 |
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