§  1.92   Revocation and/or cease and desist proceedings; after waiver of
hearing.

   (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
   time.

   (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]