§  1.267   Initial and recommended decisions.

   (a) Except as provided in this paragraph, in § § 1.94, 1.251 and 1.274,
   or where the proceeding is terminated on motion (see § 1.302), 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) The authority of the Presiding Officer over the proceedings shall
   cease when he has filed his Initial or Recommended Decision, or if it
   is a case in which he is to file no decision, when he has certified the
   case for decision: Provided, however, That he shall retain limited
   jurisdiction over the proceeding for the purpose of effecting
   certification of the transcript and corrections to the transcript, as
   provided in § § 1.260 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]

Review Proceedings