[Code of Federal Regulations]
[Title 16, Volume 1]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 16CFR3.46]

[Page 72-73]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
                   CHAPTER I--FEDERAL TRADE COMMISSION
 
PART 3_RULES OF PRACTICE FOR ADJUDICATIVE PROCEEDINGS--Table of Contents
 
                           Subpart E_Hearings
 
Sec. 3.46  Proposed findings, conclusions, and order.

    (a) General. Upon the closing of the hearing record, or within a 
reasonable time thereafter fixed by the Administrative Law Judge, any 
party may file with the Secretary of the Commission for consideration of 
the Administrative Law Judge proposed findings of fact, conclusions of 
law, and rule or order, together with reasons therefor and

[[Page 73]]

briefs in support thereof. Such proposals shall be in writing, shall be 
served upon all parties, and shall contain adequate references to the 
record and authorities relied on. If a party includes in the proposals 
information that has been granted in camera status pursuant to Sec. 
3.45(b), the party shall file two versions of the proposals in 
accordance with the procedures set forth in Sec. 3.45(e).
    (b) Exhibit Index. The first statement of proposed findings of fact 
and conclusions of law filed by a party shall include an index listing 
for each exhibit offered by the party and received in evidence:
    (1) The exhibit number, followed by
    (2) The exhibit's title or a brief description if the exhibit is 
untitled;
    (3) The transcript page at which the Administrative Law Judge ruled 
on the exhibit's admissibility or a citation to any written order in 
which such ruling was made;
    (4) The transcript pages at which the exhibit is discussed;
    (5) An identification of any other exhibit which summarizes the 
contents of the listed exhibit, or of any other exhibit of which the 
listed exhibit is a summary;
    (6) A cross-reference, by exhibit number, to any other portions of 
that document admitted as a separate exhibit on motion by any other 
party; and
    (7) A statement whether the exhibit has been accorded in camera 
treatment, and a citation to the in camera ruling.
    (c) Witness Index. The first statement of proposed findings of fact 
and conclusions of law filed by a party shall also include an index to 
the witnesses called by that party, to include for each witness:
    (1) The name of the witness;
    (2) A brief identification of the witness;
    (3) The transcript pages at which any testimony of the witness 
appears; and
    (4) A statement whether the exhibit has been accorded in camera 
treatment, and a citation to the in camera ruling.
    (d) Stipulated indices. As an alternative to the filing of separate 
indices, the parties are encouraged to stipulate to joint exhibit and 
witness indices at the time the first statement of proposed findings of 
fact and conclusions of law is due to be filed.
    (e) Rulings. The record shall show the Administrative Law Judge's 
ruling on each proposed finding and conclusion, except when the order 
disposing of the proceeding otherwise informs the parties of the action 
taken.

[48 FR 56945, Dec. 27, 1983, as amended at 52 FR 22294, June 11, 1987; 
61 FR 50650, Sept. 26, 1996; 66 FR 17631, Apr. 3, 2001]