§  1.274   Certification of the record to the Commission for initial or final
decision.

   (a) Where the presiding officer is available to the Commission, and
   where the Commission finds upon the record that due and timely
   execution of its functions imperatively and unavoidably so requires,
   the Commission may direct that the record in a pending proceeding be
   certified to it for initial or final decision. Unless the Commission
   finds that due and timely execution of its functions imperatively and
   unavoidably requires that no recommended decision be issued, the
   presiding officer will prepare and file a recommended decision, which
   will be released with the Commission's initial or final decision.

   (b) Where the presiding officer becomes unavailable to the Commission
   after the taking of testimony has been concluded, the Commission may
   direct that the record in a pending proceeding be certified to it for
   initial or final decision. In that event, the record shall be certified
   to the Commission by the Chief Administrative Law Judge.

   (c)(1) Where the presiding officer becomes unavailable to the
   Commission after the taking of evidence has commenced but before it has
   been concluded, the Commission may order a rehearing before another
   presiding officer designated in accordance with §  1.241.

   (2) Upon a finding that due and timely execution of its functions
   imperatively and unavoidably so requires, the Commission may (as an
   alternative) order that the hearing be continued by another presiding
   officer designated in accordance with §  1.241 or by the Commission
   itself. In that event, the officer continuing the hearing shall, upon
   completion of the hearing, certify the proceeding to the Commission for
   an initial or final decision. Unless the Commission finds upon the
   record that due and timely execution of its functions imperatively and
   unavoidably requires that no recommended decision be issued, the
   officer continuing the hearing shall prepare and file a recommended
   decision to be released with the Commission's initial or final
   decision. If all the parties expressly consent, and if the Commission
   does not order otherwise, the officer continuing the hearing may
   prepare an initial decision.

   (Sec. 409, 48 Stat. 1096, as amended; 47 U.S.C. 409)

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