Goto Section: 1.298 | 1.302 | Table of Contents
Revised as of September 1, 2021
Goto Year:2020 |
§ 1.301 Appeal from interlocutory rulings by a presiding officer, other than
the Commission, or a case manager; effective date of ruling.
(a) Interlocutory rulings which are appealable as a matter of right.
Rulings listed in this paragraph are appealable as a matter of right.
An appeal from such a ruling may not be deferred and raised as an
exception to the initial decision.
(1) If a ruling denies or terminates the right of any person to
participate as a party to a hearing proceeding, such person, as a
matter of right, may file an appeal from that ruling.
(2) If a ruling requires testimony or the production of documents, over
objection based on a claim of privilege, the ruling on the claim of
privilege is appealable as a matter of right.
(3) If a ruling denies a motion to disqualify the presiding officer or
case manager, the ruling is appealable as a matter of right.
(4) A ruling removing counsel from the hearing is appealable as a
matter of right, by counsel on his own behalf or by his client. (In the
event of such ruling, the presiding officer will adjourn the hearing
proceeding for such period as is reasonably necessary for the client to
secure new counsel and for counsel to become familiar with the case).
(b) Other interlocutory rulings. Except as provided in paragraph (a) of
this section, appeals from interlocutory rulings shall be filed only if
allowed by the presiding officer. Any party desiring to file an appeal
shall first file a request for permission to file appeal. The request
shall be filed within 5 days after the order is released or (if no
written order) after the ruling is made. Pleadings responsive to the
request shall be filed only if they are requested by the presiding
officer. If the presiding officer made the ruling, the request shall
contain a showing that the appeal presents a new or novel question of
law or policy and that the ruling is such that error would be likely to
require remand should the appeal be deferred and raised as an
exception. If a case manager made the ruling, the request shall contain
a showing that the appeal presents a question of law or policy that the
case manager lacks authority to resolve. The presiding officer shall
determine whether the showing is such as to justify an interlocutory
appeal and, in accordance with his determination, will either allow or
disallow the appeal or modify the ruling. Such ruling is final:
Provided, however, That the Commission may, on its own motion, dismiss
an appeal allowed under this section on the ground that objection to
the ruling should be deferred and raised after the record is certified
for decision by the Commission or as an exception to an initial
(1) If an appeal is not allowed, or is dismissed by the Commission, or
if permission to file an appeal is not requested, objection to the
ruling may be raised after the record is certified for decision by the
Commission or on review of the initial decision.
(2) If an appeal is allowed and is considered on its merits, the
disposition on appeal is final. Objection to the ruling or to the
action on appeal may not be raised after the record is certified for
decision by the Commission or on review of the initial decision.
(3) If the presiding officer modifies their initial ruling, any party
adversely affected by the modified ruling may file a request for
permission to file appeal, pursuant to the provisions of this
(c) Procedures, effective date. (1) Unless the presiding officer orders
otherwise, rulings made shall be effective when the order is released
or (if no written order) when the ruling is made. The Commission may
stay the effect of any ruling that comes before it for consideration on
(2) Appeals filed under paragraph (a) of this section shall be filed
within 5 days after the order is released or (if no written order)
after the ruling is made. Appeals filed under paragraph (b) of this
section shall be filed within 5 days after the appeal is allowed.
(3) The appeal shall conform with the specifications set out in § 1.49
and shall be subscribed and verified as provided in § 1.52.
(4) The appeal shall be served on parties to the proceeding (see § § 1.47
and 1.211), and shall be filed with the Secretary, Federal
Communications Commission, Washington, D.C. 20554.
(5) The appeal shall not exceed 5 double-spaced typewritten pages.
(6) Appeals are acted on by the Commission.
(7) Oppositions and replies shall be served and filed in the same
manner as appeals and shall be served on appellant if he is not a party
to the proceeding. Oppositions shall be filed within 5 days after the
appeal is filed. Replies shall not be permitted, unless the Commission
specifically requests them. Oppositions shall not exceed 5
double-spaced typewritten pages. Replies shall not exceed 5
double-spaced typewritten pages.
(Secs. 4, 303, 307, 48 Stat., as amended, 1066, 1082, 1083; 47 U.S.C.
154, 303, 307)
[ 35 FR 17333 , Nov. 11, 1970, as amended at 40 FR 39509 , Aug. 28, 1975;
41 FR 14874 , Apr. 8, 1976; 41 FR 28789 , July 13, 1976; 46 FR 58682 ,
Dec. 3, 1981; 55 FR 36641 , Sept. 6, 1990; 62 FR 4171 , Jan. 29, 1997; 85 FR 63179 , Oct. 6, 2020]
Goto Section: 1.298 | 1.302
Goto Year: 2020 |
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