§  1.91   Revocation and/or cease and desist proceedings; hearings.

   (a) If it appears that a station license or construction permit should
   be revoked and/or that a cease and desist order should be issued, the
   Commission will issue an order directing the person to show cause why
   an order of revocation and/or a cease and desist order, as the facts
   may warrant, should not be issued.

   (b) An order to show cause why an order of revocation and/or a cease
   and desist order should not be issued will designate for hearing the
   matters with respect to which the Commission is inquiring and will call
   upon the person to whom it is directed (the respondent) to file with
   the Commission a written appearance stating that the respondent will
   present evidence upon the matters specified in the order to show cause
   and, if required, appear before a presiding officer at a time and place
   to be determined, but no earlier than thirty days after the receipt of
   such order. However, if safety of life or property is involved, the
   order to show cause may specify a deadline of less than thirty days
   from the receipt of such order.

   (c) To avail themselves of such opportunity for a hearing, respondents,
   personally or by counsel, shall file with the Commission, within twenty
   days of the mailing of the order or such shorter period as may be
   specified therein, a written appearance stating that they will present
   evidence on the matters specified in the order and, if required, appear
   before the presiding officer at a time and place to be determined. The
   presiding officer in his or her discretion may accept a late-filed
   appearance. However, a written appearance 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 petition for acceptance of a late-filed
   appearance will be granted only if the presiding officer determines
   that the facts and reasons stated therein constitute good cause for
   failure to file on time.

   (d) Hearing proceedings on the matters specified in such orders to show
   cause shall accord with the practice and procedure prescribed in this
   subpart and subpart B of this part, with the following exceptions:

   (1) In all such revocation and/or cease and desist hearings, the burden
   of proceeding with the introduction of evidence and the burden of proof
   shall be upon the Commission; and

   (2) The Commission may specify in a show cause order, when the
   circumstances of the proceeding require expedition, a time less than
   that prescribed in § § 1.276 and 1.277 within which the initial decision
   in the proceeding shall become effective, exceptions to such initial
   decision must be filed, parties must file requests for oral argument,
   and parties must file notice of intention to participate in oral
   argument.

   (e) Correction of 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.

   (f) Any order of revocation and/or cease and desist order issued after
   hearing pursuant to this section shall include a statement of findings
   and the grounds therefor, shall specify the effective date of the
   order, and shall be served on the person to whom such order is
   directed.

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

   [ 28 FR 12415 , Nov. 22, 1963, as amended at  85 FR 63172 , Oct. 6, 2020]