Goto Section: 1.243 | 1.245 | Table of Contents
FCC 1.244
Revised as of October 2, 2015
Goto Year:2014 |
2016
§ 1.244 Designation of a settlement judge.
(a) In broadcast comparative cases involving applicants for only new
facilities, the applicants may request the appointment of a settlement judge
to facilitate the resolution of the case by settlement.
(b) Where all applicants in the case agree that such procedures may be
beneficial, such requests may be filed with the presiding judge no later
than 15 days prior to the date scheduled by the presiding judge for the
commencement of hearings. The presiding judge shall suspend the procedural
dates in the case and forward the request to the Chief Administrative Law
Judge for action.
(c) If, in the discretion of the Chief Administrative Law Judge, it appears
that the appointment of a settlement judge will facilitate the settlement of
the case, the Chief Judge will appoint a “neutral” as defined in 5 U.S.C.
581 and 583(a) to act as the settlement judge.
(1) The parties may request the appointment of a settlement judge of their
own choosing so long as that person is a “neutral” as defined in 5 U.S.C.
581.
(2) The appointment of a settlement judge in a particular case is subject to
the approval of all the applicants in the proceeding. See 5 U.S.C. 583(b).
(3) The Commission's Administrative Law Judges are eligible to act as
settlement judges, except that an Administrative Law Judge will not be
appointed as a settlement judge in any case in which the Administrative Law
Judge also acts as the presiding officer.
(4) Other members of the Commission's staff who qualify as neutrals may be
appointed as settlement judges, except that staff members whose duties
include drafting, review, and/or recommendations in adjudicatory matters
pending before the Commission shall not be appointed as settlement judges.
(d) The settlement judge shall have the authority to require applicants to
submit their written direct cases for review. The settlement judge may also
meet with the applicants and/or their counsel, individually and/or at joint
conferences, to discuss their cases and the cases of their competitors. All
such meetings will be off-the-record, and the settlement judge may express
an opinion as to the relative comparative standing of the applicants and
recommend possible means to resolve the proceeding by settlement. The
proceedings before the settlement judge shall be subject to the
confidentiality provisions of 5 U.S.C. 574. Moreover, no statements, offers
of settlement, representations or concessions of the parties or opinions
expressed by the settlement judge will be admissible as evidence in any
Commission licensing proceeding.
[ 56 FR 793 , Jan. 9, 1991, as amended at 62 FR 4171 , Jan. 29, 1997; 76 FR 70908 , Nov. 16, 2011]
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Goto Section: 1.243 | 1.245
Goto Year: 2014 |
2016
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