§ 1.302   Appeal from presiding officer's final ruling; effective date of
ruling.

   (a) If the presiding officer's ruling terminates a hearing proceeding, any
   party to the proceeding, as a matter of right, may file an appeal from that
   ruling within 30 days after the ruling is released.

   (b) Any party who desires to preserve the right to appeal shall file a
   notice of appeal within 10 days after the ruling is released. If a notice of
   appeal is not filed within 10 days, the ruling shall be effective 30 days
   after the ruling is released and within this period, may be reviewed by the
   Commission on its own motion. If an appeal is not filed following notice of
   appeal, the ruling shall be effective 50 days after the day of its release
   and,  within this period, may be reviewed by the Commission on its own
   motion. If an appeal is filed, or if the Commission reviews the ruling on
   its own motion, the effect of the ruling is further stayed pending the
   completion of proceedings on appeal or review.

   (c) The appeal shall conform with the specifications set out in § 1.49 and
   shall be subscribed and verified as provided in § 1.52.

   (d) The appeal shall be served on parties to the proceeding (see § § 1.47 and
   1.211),  and shall be filed with the Secretary, Federal Communications
   Commission, Washington, D.C. 20554.

   (e) The appeal shall not exceed 25 double-spaced typewritten pages.

   (f) The Commission will act on the appeal.

   (g) Oppositions and replies shall be filed and served in the same manner as
   the appeal. Oppositions to an appeal shall be filed within 15 days after the
   appeal is filed. Replies to oppositions shall be filed within 10 days after
   the  opposition is filed and shall be limited to matters raised in the
   oppositions. Oppositions shall not exceed 25 double-spaced typewritten
   pages. Replies shall not exceed 10 double-spaced typewritten pages.

   [ 35 FR 17333 , Nov. 11, 1970, as amended at  36 FR 7423 , Apr. 20, 1971;  62 FR 4171 , Jan. 29, 1997]

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The Discovery and Preservation of Evidence

   Authority: Sections 1.311 through 1.325 are issued under secs. 4, 303, 409,
   48 Stat., as amended, 1066, 1082, 1096; 47 U.S.C. 154, 303, 409, 5 U.S.C.
   552.

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