§  1.263   Proposed findings and conclusions.

   (a) The presiding officer may direct any party to file proposed
   findings of fact and conclusions, briefs, or memoranda of law. If the
   presiding officer does not so order, any party to the proceeding may
   seek leave to file proposed findings of fact and conclusions, briefs,
   or memoranda of law. Such proposed findings of fact, conclusions,
   briefs, and memoranda of law shall be filed within the time prescribed
   by the presiding officer.

   (b) All pleadings and other papers filed pursuant to this section shall
   be accompanied by proof of service thereof upon all other counsel in
   the proceeding; if a party is not represented by counsel, proof of
   service upon such party shall be made.

   (c) In the absence of a showing of good cause therefor, the failure to
   file proposed findings of fact, conclusions, briefs, or memoranda of
   law, when directed to do so, may be deemed a waiver of the right to
   participate further in the proceeding.

   (5 U.S.C. 557; 47 U.S.C. 154, 159, 208, 209, 214, 309, 312, 316, and
   409)

   [ 28 FR 12425 , Nov. 22, 1963, as amended at  85 FR 63178 , Oct. 6, 2020]