§  1.91   Revocation and/or cease and desist proceedings; hearings.

   (a) If it appears that a station license or construction permit should
   be revoked and/or that a cease and desist order should be issued, the
   Commission will issue an order directing the person to show cause why
   an order of revocation and/or a cease and desist order, as the facts
   may warrant, should not be issued.

   (b) An order to show cause why an order of revocation and/or a cease
   and desist order should not be issued will contain a statement of the
   matters with respect to which the Commission is inquiring and will call
   upon the person to whom it is directed (the respondent) to appear
   before the Commission at a hearing, at a time and place stated in the
   order, but not less than thirty days after the receipt of such order,
   and given evidence upon the matters specified in the order to show
   cause. However, if safety of life or property is involved, the order to
   show cause may specify a hearing date less than thirty days from the
   receipt of such order.

   (c) To avail himself of such opportunity for hearing, the respondent,
   personally or by his attorney, shall file with the Commission, within
   thirty days of the service of the order or such shorter period as may
   be specified therein, a written appearance stating that he will appear
   at the hearing and present evidence on the matters specified in the
   order. The Commission in its discretion may accept a late appearance.
   However, an appearance 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 petition for acceptance of late appearance will be granted
   only if the Commission determines that the facts and reasons stated
   therein constitute good cause for failure to file on time.

   (d) Hearings on the matters specified in such orders to show cause
   shall accord with the practice and procedure prescribed in this subpart
   and subpart B of this part, with the following exceptions: (1) In all
   such revocation and/or cease and desist hearings, the burden of
   proceeding with the introduction of evidence and the burden of proof
   shall be upon the Commission; and (2) the Commission may specify in a
   show cause order, when the circumstances of the proceeding require
   expedition, a time less than that prescribed in § §  1.276 and 1.277
   within which the initial decision in the proceeding shall become
   effective, exceptions to such initial decision must be filed, parties
   must file requests for oral argument, and parties must file notice of
   intention to participate in oral argument.

   (e) Correction of 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.

   (f) Any order of revocation and/or cease and desist order issued after
   hearing pursuant to this section shall include a statement of findings
   and the grounds therefor, shall specify the effective date of the
   order, and shall be served on the person to whom such order is
   directed.

   (Sec. 312, 48 Stat. 1086, as amended; 47 U.S.C. 312)

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