Goto Section: 1.91 | 1.93 | Table of Contents
Revised as of September 1, 2021
Goto Year:2020 |
§ 1.92 Revocation and/or cease and desist proceedings; after waiver of
(a) After the issuance of an order to show cause, pursuant to § 1.91,
designating a matter for hearing, the occurrence of any one of the
following events or circumstances will constitute a waiver of such
hearing and the proceeding thereafter will be conducted in accordance
with the provisions of this section.
(1) The respondent fails to file a timely written appearance as
prescribed in § 1.91(c) indicating that the respondent will present
evidence on the matters specified in the order and, if required by the
order, that the respondent will appear before the presiding officer.
(2) The respondent, having filed a timely written appearance as
prescribed in § 1.91(c), fails in fact to present evidence on the
matters specified in the order or appear before the presiding officer
in person or by counsel at the time and place duly scheduled.
(3) The respondent files with the Commission, within the time specified
for a written appearance in § 1.91(c), a written statement expressly
waiving his or her rights to a hearing.
(b) When a hearing is waived under the provisions of paragraph (a) (1)
or (3) of this section, a written statement signed by the respondent
denying or seeking to mitigate or justify the circumstances or conduct
complained of in the order to show cause may be submitted within the
time specified in § 1.91(c). The Commission in its discretion may accept
a late statement. However, a statement tendered after the specified
time has expired will not be accepted unless accompanied by a petition
stating with particularity the facts and reasons relied on to justify
such late filing. Such petitions for acceptance of a late statement
will be granted only if the Commission determines that the facts and
reasons stated therein constitute good cause for failure to file on
(c) Whenever a hearing is waived by the occurrence of any of the events
or circumstances listed in paragraph (a) of this section, the presiding
officer shall, at the earliest practicable date, issue an order
reciting the events or circumstances constituting a waiver of hearing
and terminating the hearing proceeding. A presiding officer other than
the Commission also shall certify the case to the Commission. Such
order shall be served upon the respondent.
(d) After a hearing proceeding has been terminated pursuant to
paragraph (c) of this section, the Commission will act upon the matters
specified in the order to show cause in the regular course of business.
The Commission will determine on the basis of all the information
available to it from any source, including such further proceedings as
may be warranted, if a revocation order and/or a cease and desist order
should issue, and if so, will issue such order. Otherwise, the
Commission will issue an order dismissing the proceeding. All orders
specified in this paragraph will include a statement of the findings of
the Commission and the grounds and reasons therefor, will specify the
effective date thereof, and will be served upon the respondent.
(e) Corrections or promise to correct the conditions or matters
complained of in a show cause order shall not preclude the issuance of
a cease and desist order. Corrections or promises to correct the
conditions or matters complained of, and the past record of the
licensee, may, however, be considered in determining whether a
revocation and/or a cease and desist order should be issued.
(Sec. 312, 48 Stat. 1086, as amended; 47 U.S.C. 312)
[ 28 FR 12415 , Nov. 22, 1963, as amended at 29 FR 6443 , May 16, 1964; 37 FR 19372 , Sept. 20, 1972; 85 FR 63173 , Oct. 6, 2020]
Goto Section: 1.91 | 1.93
Goto Year: 2020 |
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