Goto Section: 1.301 | 1.311 | Table of Contents
Revised as of October 26, 2020
Goto Year:2020 |
§ 1.302 Appeal from presiding officer's final ruling; effective date of
Link to an amendment published at 85 FR 63180 , Oct. 6, 2020.
(a) If the presiding officer's ruling terminates a hearing proceeding,
any party to the proceeding, as a matter of right, may file an appeal
from that ruling within 30 days after the ruling is released.
(b) Any party who desires to preserve the right to appeal shall file a
notice of appeal within 10 days after the ruling is released. If a
notice of appeal is not filed within 10 days, the ruling shall be
effective 30 days after the ruling is released and within this period,
may be reviewed by the Commission on its own motion. If an appeal is
not filed following notice of appeal, the ruling shall be effective 50
days after the day of its release and, within this period, may be
reviewed by the Commission on its own motion. If an appeal is filed, or
if the Commission reviews the ruling on its own motion, the effect of
the ruling is further stayed pending the completion of proceedings on
appeal or review.
(c) The appeal shall conform with the specifications set out in § 1.49
and shall be subscribed and verified as provided in § 1.52.
(d) 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.
(e) The appeal shall not exceed 25 double-spaced typewritten pages.
(f) The Commission will act on the appeal.
(g) Oppositions and replies shall be filed and served in the same
manner as the appeal. Oppositions to an appeal shall be filed within 15
days after the appeal is filed. Replies to oppositions shall be filed
within 10 days after the opposition is filed and shall be limited to
matters raised in the oppositions. Oppositions shall not exceed 25
double-spaced typewritten pages. Replies shall not exceed 10
double-spaced typewritten pages.
[ 35 FR 17333 , Nov. 11, 1970, as amended at 36 FR 7423 , Apr. 20, 1971;
62 FR 4171 , Jan. 29, 1997]
The Discovery and Preservation of Evidence
Authority: Sections 1.311 through 1.325 are issued under secs. 4, 303,
409, 48 Stat., as amended, 1066, 1082, 1096; 47 U.S.C. 154, 303, 409, 5
Goto Section: 1.301 | 1.311
Goto Year: 2020 |
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