§ 1.276   Appeal and review of initial decision.

   (a)(1) Within 30 days after the date on which public release of the
   full text of an initial decision is made, or such other time as the
   Commission may specify, any of the parties may appeal to the Commission
   by filing exceptions to the initial decision, and such decision shall
   not become effective and shall then be reviewed by the Commission,
   whether or not such exceptions may thereafter be withdrawn. It is the
   Commission's policy that extensions of time for filing exceptions shall
   not be routinely granted.

   (2) Exceptions shall be consolidated with the argument in a supporting
   brief and shall not be submitted separately. As used in this subpart,
   the term exceptions means the document consolidating the exceptions and
   supporting brief. The brief shall contain (i) a table of contents, (ii)
   a table of citations, (iii) a concise statement of the case, (iv) a
   statement of the questions of law presented, and (v) the argument,
   presenting clearly the points of fact and law relied upon in support of
   the position taken on each question, with specific reference to the
   record and all legal or other materials relied on.

   (b) The Commission may on its own initiative provide, by order adopted
   not later than 20 days after the time for filing exceptions expires,
   that an initial decision shall not become final, and that it shall be
   further reviewed or considered by the Commission.

   (c) In any case in which an initial decision is subject to review in
   accordance with paragraph (a) or (b) of this section, the Commission
   may, on its own initiative or upon appropriate requests by a party,
   take any one or more of the following actions:

   (1) Hear oral argument on the exceptions;

   (2) Require the filing of briefs;

   (3) Prior to or after oral argument or the filing of exceptions or
   briefs, reopen the record and/or remand the proceedings to the
   presiding officer to take further testimony or evidence;

   (4) Prior to or after oral argument or the filing of exceptions or
   briefs, remand the proceedings to the presiding officer to make further
   findings or conclusions; and

   (5) Prior to or after oral argument or the filing of exceptions or
   briefs, issue, or cause to be issued by the presiding officer, a
   supplemental initial decision.

   (d) No initial decision shall become effective before 50 days after
   public release of the full text thereof is made unless otherwise
   ordered by the Commission. The timely filing of exceptions, the further
   review or consideration of an initial decision on the Commission's
   initiative, or the taking of action by the Commission under paragraph
   (c) of this section shall stay the effectiveness of the initial
   decision until the Commission's review thereof has been completed. If
   the effective date of an initial decision falls within any further time
   allowed for the filing of exceptions, it shall be postponed
   automatically until 30 days after time for filing exceptions has
   expired.

   (e) If no exceptions are filed, and the Commission has not ordered the
   review of an initial decision on its initiative, or has not taken
   action under paragraph (c) of this section, the initial decision shall
   become effective, an appropriate notation to that effect shall be
   entered in the docket of the case, and a “Public Notice” thereof shall
   be given by the Commission. The provisions of § 1.108 shall not apply to
   such public notices.

   (f) When any party fails to file exceptions within the specified time
   to an initial decision which proposes to deny its application, such
   party shall be deemed to have no interest in further prosecution of its
   application, and its application may be dismissed with prejudice for
   failure to prosecute.

   (Sec. 40, 48 Stat. 1096, as amended; 47 U.S.C. 409)

   [ 28 FR 12425 , Nov. 22, 1963, as amended at  41 FR 14873 , Apr. 8, 1976]

   return arrow Back to Top