[Code of Federal Regulations]
[Title 37, Volume 1]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 37CFR251.41]

[Page 560-561]
 
              TITLE 37--PATENTS, TRADEMARKS, AND COPYRIGHTS
 
                                CONGRESS
 
PART 251--COPYRIGHT ARBITRATION ROYALTY PANEL RULES OF PROCEDURE--Table of Contents
 
      Subpart E--Procedures of Copyright Arbitration Royalty Panels
 
Sec. 251.41  Formal hearings.

    (a) The formal hearings that will be conducted under the rules of 
this subpart are rate adjustment hearings and royalty fee distribution 
hearings. All parties intending to participate in a hearing of a 
Copyright Arbitration Royalty Panel must file a notice of their 
intention. A CARP may also, on its own motion or on the petition of an 
interested party, hold other proceedings it considers necessary to the 
exercise of its functions, subject to the provisions of Sec. 251.7. All 
such proceedings will be governed by the rules of this subpart.

[[Page 561]]

    (b) During the 45-day period specified in Sec. 251.45(b)(1)(i) for 
distribution proceedings, or during the 45-day period specified in 
Sec. 251.45(b)(2)(i) for rate adjustment proceedings, as appropriate, 
any party may petition the Librarian of Congress to dispense with formal 
hearings, and have the CARP decide the controversy or rate adjustment on 
the basis of written pleadings. The petition may be granted if--
    (1) The controversy or rate adjustment, as appropriate, does not 
involve any genuine issue of material fact; or
    (2) All parties to the proceeding agree, in writing, that a grant of 
the petition is appropriate.

[59 FR 23981, May 9, 1994, as amended at 59 FR 63041, Dec. 7, 1994]