§  1.274   Certification of the record to the Commission for decision when the
Commission is not the presiding officer; presiding officer unavailability.

   (a) When the Commission is not the presiding officer, and where the
   Commission finds upon the record that due and timely execution of its
   functions imperatively and unavoidably so requires, the Commission may
   direct that the record in a pending proceeding be certified to it for
   decision.

   (b) When a presiding officer becomes unavailable to the Commission
   after the taking of evidence has been concluded, the Commission shall
   direct that the record be certified to it for decision. In that event,
   the Commission shall designate a new presiding officer in accordance
   with § 1.241 for the limited purpose of certifying the record to the
   Commission.

   (c) In all other circumstances when the Commission is not the presiding
   officer, the presiding officer shall prepare and file an initial or
   recommended decision, which will be released in accordance with § 1.267.

   (d) When a presiding officer becomes unavailable to the Commission
   after the taking of evidence has commenced but before it has been
   concluded, the Commission shall designate another presiding officer in
   accordance with § 1.241 to continue the hearing proceeding. Oral
   testimony already introduced shall not be reheard unless observation of
   the demeanor of the witness is essential to the resolution of the case.

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

   [ 85 FR 63179 , Oct. 6, 2020]