Goto Section: 0.192 | 0.203 | Table of Contents
FCC 0.201
Revised as of October 2, 2015
Goto Year:2014 |
2016
§ 0.201 General provisions.
(a) There are three basic categories of delegations made by the Commission
pursuant to section 5(c) of the Communications Act of 1934, as amended:
(1) Delegations to act in non-hearing matters and proceedings. The great
bulk of delegations in this category are made to bureau chiefs and other
members of the Commission's staff. This category also includes delegations
to individual commissioners and to boards or committees of commissioners.
(2) Delegations to rule on interlocutory matters in hearing proceedings.
Delegations in this category are made to the Chief Administrative Law Judge.
Note to paragraph (a)(2): Interlocutory matters which are not delegated to
the Chief Administrative Law Judge are ruled on by the presiding officer by
virtue of the authority vested in him to control the course and conduct of
the hearing. This authority stems from section 7 of the Administrative
Procedure Act and section 409 of the Communications Act rather than from
delegations of authority made pursuant to section 5(c) of the Communications
Act. (See § § 0.218 and 0.341.).
(3) Delegations to review an initial decision. Delegations in this category
are made to individual commissioners, to panels of commissioners.
(b) Delegations are arranged in this subpart under headings denoting the
person, panel, or board to whom authority has been delegated, rather than by
the categories listed in paragraph (a) of this section.
(c) Procedures pertaining to the filing and disposition of interlocutory
pleadings in hearing proceedings are set forth in § § 1.291 through 1.298 of
this chapter. Procedures pertaining to appeals from rulings of the presiding
officer are set forth in § § 1.301 and 1.302. Procedures pertaining to
reconsideration and review of actions taken pursuant to delegated authority
are set forth in § § 1.101, 1.102, 1.104, 1.106, 1.113, 1.115, and 1.117.
Procedures pertaining to exceptions to initial decisions are set forth in
§ § 1.276 through 1.279.
(d) The Commission, by vote of a majority of the members then holding
office, may delegate its functions either by rule or by order, and may at
any time amend, modify, or rescind any such rule or order.
(1) Functions of a continuing or recurring nature are delegated by rule. The
rule is published in the Federal Register and is included in this subpart.
(2) Functions pertaining to a particular matter or proceeding are delegated
by order. The order is published in the Federal Register and associated with
the record of that matter or proceeding, but neither the order nor any
reference to the delegation made thereby is included in this subpart.
[ 28 FR 12402 , Nov. 22, 1963, as amended at 50 FR 26567 , June 27, 1985; 62 FR 4170 , Jan. 29, 1997; 76 FR 70907 , Nov. 16, 2011]
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Goto Section: 0.192 | 0.203
Goto Year: 2014 |
2016
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