Goto Section: 1.371 | 1.373 | Table of Contents
Revised as of September 1, 2021
Goto Year:2020 |
§ 1.372 The affirmative case.
(a) Within 30 days after the completion of the discovery period as
determined by the presiding officer, unless otherwise directed by the
presiding officer, any party to the proceeding with the burden of proof
shall file a pleading entitled “affirmative case” that fully addresses
each of the issues designated for hearing. The affirmative case
submission shall include:
(1) A statement of relevant material facts, supported by sworn
statements based on personal knowledge, documentation, or by other
materials subject to consideration by the presiding officer, and a full
legal analysis of each of the issues designated for hearing;
(2) Citation to relevant sections of the Communications Act or
Commission regulations or orders; and
(3) The relief sought.
(b) The affirmative case submission shall address all factual and legal
questions designated for hearing, and state in detail the basis for the
response to each such question. Responses based on information and
belief are prohibited unless made in good faith and accompanied by a
declaration or affidavit explaining the basis for the party's belief
and why the party could not reasonably ascertain the facts. When a
party intends in good faith to deny only part of a designated question
in the affirmative case, that party shall specify so much of it as is
true and shall deny only the remainder.
(c) Failure to address in an affirmative case submission all factual
and legal questions designated for hearing may result in inferences
adverse to the filing party.
Goto Section: 1.371 | 1.373
Goto Year: 2020 |
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