Sec.  1.1604   Post-selection hearings.

   (a)  Following the random selection, the Commission shall announce the
   “tentative selectee” and, where permitted by  Sec. 73.3584 invite Petitions to
   Deny its application.

   (b) If, after such hearing as may be necessary, the Commission determines
   that the “tentative selectee” has met the requirements of  Sec. 73.3591(a) it
   will make the appropriate grant. If the Commission is unable to make such a
   determination, it shall order that another random selection be conducted
   from among the remaining mutually exclusive applicants, in accordance with
   the provisions of this subpart.

   (c) If, on the basis of the papers before it, the Commission determines that
   a substantial and material question of fact exists, it shall designate that
   question for hearing. Hearings may be conducted by the Commission or, in the
   case  of a matter which requires oral testimony for its resolution, an
   Administrative Law Judge.

   [ 48 FR 27202 , June 13, 1983, as amended at  63 FR 48622 , Sept. 11, 1998]