§  1.267   Initial and recommended decisions.

   (a) Except as provided in § § 1.94, 1.251, and 1.274, when the proceeding
   is terminated on motion, or when the presiding officer is the
   Commission, the presiding officer shall prepare an initial (or
   recommended) decision, which shall be transmitted to the Secretary of
   the Commission. In the case of rate making proceedings conducted under
   sections 201-205 of the Communications Act, the presumption shall be
   that the presiding officer shall prepare an initial or recommended
   decision. The Secretary will make the decision public immediately and
   file it in the docket of the case.

   (b) Each initial and recommended decision shall contain findings of
   fact and conclusions, as well as the reasons or basis therefor, upon
   all the material issues of fact, law, or discretion presented on the
   record; each initial decision shall also contain the appropriate rule
   or order, and the sanction, relief or denial thereof; and each
   recommended decision shall contain recommendations as to what
   disposition of the case should be made by the Commission. Each initial
   decision will show the date upon which it will become effective in
   accordance with the rules in this part in the absence of exceptions,
   appeal, or review.

   (c) When the Commission is not the presiding officer, the authority of
   the presiding officer over the proceedings shall cease when the
   presiding officer has filed an Initial or Recommended Decision, or if
   it is a case in which the presiding officer is to file no decision,
   when they have certified the case for decision: Provided, however, That
   the presiding officer shall retain limited jurisdiction over the
   proceeding for the purpose of effecting certification of the record and
   corrections to the transcript, as provided in § § 1.265 and 1.261,
   respectively, and for the purpose of ruling initially on applications
   for awards of fees and expenses under the Equal Access to Justice Act.

   (Sec. 409, 48 Stat. 1096, as amended; 47 U.S.C. 409, 5 U.S.C. 557;
   secs. 4, 303, 307, 48 Stat., as amended, 1066, 1082, 1083: 47 U.S.C.
   154, 303, 307)

   [ 28 FR 12425 , Nov. 22, 1963, as amended at  41 FR 14873 , Apr. 8, 1976;
    47 FR 3786 , Jan. 27, 1982;  85 FR 63178 , Oct. 6, 2020]

   

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