Goto Section: 1.273 | 1.276 | Table of Contents
Revised as of September 1, 2021
Goto Year:2020 |
§ 1.274 Certification of the record to the Commission for decision when the
Commission is not the presiding officer; presiding officer unavailability.
(a) When the Commission is not the presiding officer, and where the
Commission finds upon the record that due and timely execution of its
functions imperatively and unavoidably so requires, the Commission may
direct that the record in a pending proceeding be certified to it for
(b) When a presiding officer becomes unavailable to the Commission
after the taking of evidence has been concluded, the Commission shall
direct that the record be certified to it for decision. In that event,
the Commission shall designate a new presiding officer in accordance
with § 1.241 for the limited purpose of certifying the record to the
(c) In all other circumstances when the Commission is not the presiding
officer, the presiding officer shall prepare and file an initial or
recommended decision, which will be released in accordance with § 1.267.
(d) When a presiding officer becomes unavailable to the Commission
after the taking of evidence has commenced but before it has been
concluded, the Commission shall designate another presiding officer in
accordance with § 1.241 to continue the hearing proceeding. Oral
testimony already introduced shall not be reheard unless observation of
the demeanor of the witness is essential to the resolution of the case.
(Sec. 409, 48 Stat. 1096, as amended; 47 U.S.C. 409)
[ 85 FR 63179 , Oct. 6, 2020]
Goto Section: 1.273 | 1.276
Goto Year: 2020 |
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