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]