§ 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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