FCC 0.351 Revised as of October 1, 2005
Goto Year:2004 |
2006
Sec. 0.351 Authority delegated.
The Chief Administrative Law Judge shall act on the following matters in
proceedings conducted by hearing examiners:
(a) Initial specifications of the time and place of hearings where not
otherwise specified by the Commission and excepting actions under authority
delegated by Sec. 0.296.
(b) Designation of the hearing examiner to preside at hearings.
(c) Orders directing the parties or their attorneys to appear at a specified
time and place before the hearing examiner for an initial prehearing
conference in accordance with Sec. 1.251(a) of this chapter. (The administrative
law judge named to preside at the hearing may order an initial prehearing
conference although the Chief Administrative Law Judge may not have seen fit
to do so and may order supplementary prehearing conferences in accordance
with Sec. 1.251(b) of this chapter.)
(d) Petitions requesting a change in the place of hearing where the hearing
is scheduled to begin in the District of Columbia or where the hearing is
scheduled to begin at a field location and all appropriate proceedings at
that location have not been completed. (See Sec. 1.253 of this chapter.)
However, if all parties to a proceeding concur in holding all hearing
sessions in the District of Columbia rather than at any field location, the
presiding administrative law judge may act on the request.
(e) In the absence of the administrative law judge who has been designated
to preside in a proceeding, to discharge the administrative law judge's
functions.
(f) All pleadings filed, or matters which arise, after a proceeding has been
designated for hearing, but before a law judge has been designated, which
would otherwise be acted upon by the law judge, including all pleadings
filed, or matters which arise, in cease and desist and/or revocation
proceedings prior to the designation of a presiding officer.
(g) All pleadings (such as motions for extension of time) which are related
to matters to be acted upon by the Chief Administrative Law Judge.
(h) If the administrative law judge designated to preside at a hearing
becomes unavailable, to order a rehearing or to order that the hearing
continue before another administrative law judge and, in either case, to
designate the judge who is to preside.
(i) The consolidation of related proceedings pursuant to Sec. 1.227(a) of this
chapter, after designation of those proceedings for hearing.
[ 29 FR 6443 , May 16, 1964, as amended at 37 FR 19372 , Sept. 20, 1972; 38 FR 30559 , Nov. 6, 1973; 43 FR 49307 , Oct. 23, 1978; 44 FR 76295 , Dec. 26, 1979]
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