Goto Section: 1.91 | 1.93 | Table of Contents
Revised as of October 26, 2020
Goto Year:2020 |
§ 1.92 Revocation and/or cease and desist proceedings; after waiver of
Link to an amendment published at 85 FR 63173 , Oct. 6, 2020.
(a) After the issuance of an order to show cause, pursuant to § 1.91,
calling upon a person to appear at a hearing before the Commission, 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 he will appear at a hearing and
present evidence on the matters specified in the order.
(2) The respondent, having filed a timely written appearance as
prescribed in § 1.91(c), fails in fact to appear in person or by his
attorney at the time and place of the duly scheduled hearing.
(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 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 Chief
Administrative Law Judge (or the presiding officer if one has been
designated) shall, at the earliest practicable date, issue an order
reciting the events or circumstances constituting a waiver of hearing,
terminating the hearing proceeding, and certifying 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]
Goto Section: 1.91 | 1.93
Goto Year: 2020 |
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