§ 1.92   Revocation and/or cease and desist proceedings; after waiver of
hearing.

   (a) After the issuance of an order to show cause, pursuant to § 1.91, calling
   upon a person to appear at a hearing before the Commission, the occurrence
   of any one of the following events or circumstances will constitute a waiver
   of  such  hearing  and  the proceeding thereafter will be conducted in
   accordance with the provisions of this section.

   (1) The respondent fails to file a timely written appearance as prescribed
   in § 1.91(c) indicating that he will appear at a hearing and present evidence
   on the matters specified in the order.

   (2) The respondent, having filed a timely written appearance as prescribed
   in § 1.91(c), fails in fact to appear in person or by his attorney at the
   time and place of the duly scheduled hearing.

   (3) The respondent files with the Commission, within the time specified for
   a written appearance in § 1.91(c), a written statement expressly waiving his
   rights to a hearing.

   (b) When a hearing is waived under the provisions of paragraph (a) (1) or
   (3) of this section, a written statement signed by the respondent denying or
   seeking to mitigate or justify the circumstances or conduct complained of in
   the  order to show cause may be submitted within the time specified in
   § 1.91(c). The Commission in its discretion may accept a late statement.
   However, a statement 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 petitions for
   acceptance  of a late statement will be granted only if the Commission
   determines that the facts and reasons stated therein constitute good cause
   for failure to file on time.

   (c) Whenever a hearing is waived by the occurrence of any of the events or
   circumstances  listed  in  paragraph  (a)  of  this section, the Chief
   Administrative  Law  Judge  (or  the presiding officer if one has been
   designated) shall, at the earliest practicable date, issue an order reciting
   the events or circumstances constituting a waiver of hearing, terminating
   the hearing proceeding, and certifying the case to the Commission. Such
   order shall be served upon the respondent.

   (d) After a hearing proceeding has been terminated pursuant to paragraph (c)
   of this section, the Commission will act upon the matters specified in the
   order to show cause in the regular course of business. The Commission will
   determine on the basis of all the information available to it from any
   source,  including  such further proceedings as may be warranted, if a
   revocation order and/or a cease and desist order should issue, and if so,
   will  issue  such order. Otherwise, the Commission will issue an order
   dismissing the proceeding. All orders specified in this paragraph will
   include a statement of the findings of the Commission and the grounds and
   reasons therefor, will specify the effective date thereof, and will be
   served upon the respondent.

   (e) Corrections 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.

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

   [ 28 FR 12415 , Nov. 22, 1963, as amended at  29 FR 6443 , May 16, 1964;  37 FR 19372 , Sept. 20, 1972]

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