FCC 1.822 Revised as of October 1, 2007
Goto Year:2006 |
2008
Sec. 1.822 General selection procedures.
(a) Mutually exclusive applications for permits and licenses in the services
specified in Sec. 1.821 may be designated for random selection according to the
procedures established for each service. Following the random selection, the
Commission shall determine whether the applicant is qualified to receive the
permit or license. If, after reviewing the tentative selectee's application
and pleadings properly filed against it, the Commission determines that a
substantial and material question of fact exists, it shall designate the
qualifying issue(s) for an expedited hearing.
(b) Expedited hearing procedures. (1) Hearings may be conducted by the
Commission or an Administrative Law Judge. In the case of a question which
requires oral testimony for its resolution, the hearing will be conducted by
an Administrative Law Judge.
(2) Parties have ten (10) days from publication in theFederal Registerof the
hearing designation order to file notices of appearance.
(3) When the Commission, under Sec. 1.221, issues an order stating the time,
place, and nature of the hearing, this order shall instruct the applicant to
submit its direct case in writing within thirty (30) days from the order's
release date, or as otherwise specified in the order. The direct written
case must set forth all those facts and circumstances related to the issues
in the designation order. Documentary evidence upon which the applicant
relies must be attached. Each exhibit must be numbered and must be
accompanied by an affidavit from someone who has personal knowledge of the
facts in the submission and who attests to the truth of the submission.
(4) The order will also specify those petitioners that directly raised an
issue which was designated and will inform these parties of their
opportunity to submit a written rebuttal case within twenty (20) days after
the direct case is due. The procedures in paragraph (b)(3) of this section
will apply as to documentary evidence, exhibits, and affidavits.
(5) Appeal of initial decisions rendered by an Administrative Law Judge
shall lie with the Commission.
[ 48 FR 27201 , June 13, 1983. Redesignated and amended at 50 FR 5991 , Feb.
13, 1985]
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