Goto Section: 1.91 | 1.93 | Table of Contents
FCC 1.92
Revised as of October 1, 2008
Goto Year:2007 |
2009
Sec. 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 Sec. 1.91, calling
upon a person to appear at a hearing before the Commission, 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 Sec. 1.91(c) indicating that he will appear at a hearing and present evidence
on the matters specified in the order.
(2) The respondent, having filed a timely written appearance as prescribed
in Sec. 1.91(c), fails in fact to appear in person or by his attorney at the
time and place of the duly scheduled hearing.
(3) The respondent files with the Commission, within the time specified for
a written appearance in Sec. 1.91(c), a written statement expressly waiving his
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
Sec. 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 Chief
Administrative Law Judge (or the presiding officer if one has been
designated) shall, at the earliest practicable date, issue an order reciting
the events or circumstances constituting a waiver of hearing, terminating
the hearing proceeding, and certifying 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]
Goto Section: 1.91 | 1.93
Goto Year: 2007 |
2009
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