Goto Section: 8.13 | 8.15 | Table of Contents
FCC 8.14
Revised as of October 1, 2014
Goto Year:2013 |
2015
§ 8.14 General formal complaint procedures.
(a) Complaints. In addition to the general pleading requirements,
complaints must adhere to the following requirements:
(1) Certificate of service. Complaints shall be accompanied by a
certificate of service on any defendant.
(2) Statement of relief requested--(i) The complaint shall state the
relief requested. It shall state fully and precisely all pertinent
facts and considerations relied on to demonstrate the need for the
relief requested and to support a determination that a grant of such
relief would serve the public interest.
(ii) The complaint shall set forth all steps taken by the parties to
resolve the problem.
(iii) A complaint may, on request of the filing party, be dismissed
without prejudice as a matter of right prior to the adoption date of
any final action taken by the Commission with respect to the petition
or complaint. A request for the return of an initiating document will
be regarded as a request for dismissal.
(3) Failure to prosecute. Failure to prosecute a complaint, or failure
to respond to official correspondence or request for additional
information, will be cause for dismissal. Such dismissal will be
without prejudice if it occurs prior to the adoption date of any final
action taken by the Commission with respect to the initiating pleading.
(b) Answers to complaints. Unless otherwise directed by the Commission,
any party who is served with a complaint shall file an answer in
accordance with the following requirements:
(1) The answer shall be filed within 20 days of service of the
complaint.
(2) The answer shall advise the parties and the Commission fully and
completely of the nature of any and all defenses, and shall respond
specifically to all material allegations of the complaint. Collateral
or immaterial issues shall be avoided in answers and every effort
should be made to narrow the issues. Any party against whom a complaint
is filed failing to file and serve an answer within the time and in the
manner prescribed by these rules may be deemed in default and an order
may be entered against defendant in accordance with the allegations
contained in the complaint.
(3) Facts must be supported by relevant documentation or affidavit.
(4) The answer shall admit or deny the averments on which the adverse
party relies. If the defendant is without knowledge or information
sufficient to form a belief as to the truth of an averment, the
defendant shall so state and this has the effect of a denial. When a
defendant intends in good faith to deny only part of an averment, the
answer shall specify so much of it as is true and shall deny only the
remainder, and state in detail the basis of that denial.
(5) Averments in a complaint are deemed to be admitted when not denied
in the answer.
(c) Reply. In addition to the general pleading requirements, replies
must adhere to the following requirements:
(1) The complainant may file a reply to a responsive pleading that
shall be served on the defendant and shall also contain a detailed full
showing, supported by affidavit, of any additional facts or
considerations relied on. Unless expressly permitted by the Commission,
replies shall not contain new matters.
(2) Failure to reply will not be deemed an admission of any allegations
contained in the responsive pleading, except with respect to any
affirmative defense set forth therein.
(3) Unless otherwise directed by the Commission, replies must be filed
within ten (10) days after submission of the responsive pleading.
(d) Motions. Except as provided in this section, or upon a showing of
extraordinary circumstances, additional motions or pleadings by any
party will not be accepted.
(e) Additional procedures and written submissions. (1) The Commission
may specify other procedures, such as oral argument or evidentiary
hearing directed to particular aspects, as it deems appropriate. In the
event that an evidentiary hearing is required, the Commission will
determine, on the basis of the pleadings and such other procedures as
it may specify, whether temporary relief should be afforded any party
pending the hearing and the nature of any such temporary relief.
(2) The Commission may require the parties to submit any additional
information it deems appropriate for a full, fair, and expeditious
resolution of the proceeding, including copies of all contracts and
documents reflecting arrangements and understandings alleged to violate
the requirements set forth in the Communications Act and in this part,
as well as affidavits and exhibits.
(3) The Commission may, in its discretion, require the parties to file
briefs summarizing the facts and issues presented in the pleadings and
other record evidence.
(i) These briefs shall contain the findings of fact and conclusions of
law which that party is urging the Commission to adopt, with specific
citations to the record, and supported by relevant authority and
analysis.
(ii) The schedule for filing any briefs shall be at the discretion of
the Commission. Unless ordered otherwise by the Commission, such briefs
shall not exceed fifty (50) pages.
(iii) Reply briefs may be submitted at the discretion of the
Commission. Unless ordered otherwise by the Commission, reply briefs
shall not exceed thirty (30) pages.
(f) Discovery. (1) The Commission may in its discretion order discovery
limited to the issues specified by the Commission. Such discovery may
include answers to written interrogatories, depositions, document
production, or requests for admissions.
(2) The Commission may in its discretion direct the parties to submit
discovery proposals, together with a memorandum in support of the
discovery requested. Such discovery requests may include answers to
written interrogatories, admissions, document production, or
depositions. The Commission may hold a status conference with the
parties, pursuant to § 8.15, to determine the scope of discovery, or
direct the parties regarding the scope of discovery. If the Commission
determines that extensive discovery is required or that depositions are
warranted, the Commission may advise the parties that the proceeding
will be referred to an administrative law judge in accordance with
paragraph (g) of this section.
(g) Referral to administrative law judge. (1) After reviewing the
pleadings, and at any stage of the proceeding thereafter, the
Commission may, in its discretion, designate any proceeding or discrete
issues arising out of any proceeding for an adjudicatory hearing before
an administrative law judge.
(2) Before designation for hearing, the Commission shall notify, either
orally or in writing, the parties to the proceeding of its intent to so
designate, and the parties shall be given a period of ten (10) days to
elect to resolve the dispute through alternative dispute resolution
procedures, or to proceed with an adjudicatory hearing. Such election
shall be submitted in writing to the Commission.
(3) Unless otherwise directed by the Commission, or upon motion by the
Enforcement Bureau Chief, the Enforcement Bureau Chief shall not be
deemed to be a party to a proceeding designated for a hearing before an
administrative law judge pursuant to this paragraph (g).
(h) Commission ruling. The Commission (or the Enforcement Bureau on
delegated authority), after consideration of the pleadings, shall issue
an order ruling on the complaint.
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Goto Section: 8.13 | 8.15
Goto Year: 2013 |
2015
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