§  1.822   General selection procedures.

   (a) Mutually exclusive applications for permits and licenses in the
   services specified in § 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 the
   Federal Register  of the hearing designation order to file notices of
   appearance.

   (3) When the Commission, under § 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]