[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: 16CFR3.72]

[Page 78-79]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
                   CHAPTER I--FEDERAL TRADE COMMISSION
 
PART 3_RULES OF PRACTICE FOR ADJUDICATIVE PROCEEDINGS--Table of Contents
 
                   Subpart H_Reopening of Proceedings
 
Sec. 3.72  Reopening.

    (a) Before statutory review. At any time prior to the expiration of 
the time allowed for filing a petition for review or prior to the filing 
of the transcript of the record of a proceeding in a U.S. court of 
appeals pursuant to a petition for review, the Commission may upon its 
own initiative and without prior notice to the parties reopen the 
proceeding and enter a new decision modifying or setting aside the whole 
or any part of the findings as to the facts, conclusions, rule, order, 
or opinion issued by the Commission in such proceeding.
    (b) After decision has become final. (1) Whenever the Commission is 
of the opinion that changed conditions of fact or law or the public 
interest may require that a Commission decision containing a rule or 
order which has become effective, or an order to cease and desist which 
has become final by reason of court affirmance or expiration of the 
statutory period for court review without a petition for review having 
been filed, or a Commission decision containing an order dismissing a 
proceeding, should be altered, modified, or set aside in whole or in 
part, the Commission will, except as provided in Sec. 2.51, serve upon 
each person subject to such decision (in the case of proceedings 
instituted under Sec. 3.13, such service may be by publication in the 
Federal Register) an order to show cause, stating the changes it 
proposes to make in the decision and the reasons they are deemed 
necessary. Within thirty (30) days after service of such order to show 
cause, any person served may file an answer thereto. Any person not 
responding to the order within the time allowed may be deemed to have 
consented to the proposed changes.
    (2) Whenever an order to show cause is not opposed, or if opposed 
but the pleadings do not raise issues of fact to be resolved, the 
Commission, in its discretion, may decide the matter on the order to 
show cause and answer thereto, if any, or it may serve upon the parties 
(in the case of proceedings instituted under Sec. 3.13, such service 
may be by publication in Federal Register) a notice of hearing, setting 
forth the date when the cause will be heard. In such a case, the hearing 
will be limited to the filing of briefs and may include oral argument 
when deemed necessary by the Commission. When the pleadings raise 
substantial factual issues, the Commission will direct such hearings as 
it deems appropriate, including hearings for the receipt of evidence by 
it or by an Administrative Law Judge. Unless otherwise ordered and 
insofar as practicable, hearings before an Administrative Law Judge to 
receive evidence shall be conducted in accordance with subparts B, C, D, 
and E of part 3 of this chapter. Upon conclusion of hearings before an 
Administrative Law Judge, the record and the Administrative Law Judge's 
recommendations shall be certified to the Commission for final 
disposition of the matter.
    (3) Termination of existing orders--(i) Generally. Notwithstanding 
the foregoing provisions of this rule, and except as provided in 
paragraphs (b)(3) (ii) and (iii) of this section, an order issued by the 
Commission before August 16, 1995, will be deemed, without further 
notice or proceedings, to terminate 20 years from the date on which the 
order was first issued, or on January 2, 1996, whichever is later.
    (ii) Exception. This paragraph applies to the termination of an 
order issued before August 16, 1995, where a complaint alleging a 
violation of the order was or is filed (with or without an accompanying 
consent decree) in federal court by the United States or the Federal 
Trade Commission while the order

[[Page 79]]

remains in force, either on or after August 16, 1995, or within the 20 
years preceding that date. If more than one complaint was or is filed 
while the order remains in force, the relevant complaint for purposes of 
this paragraph will be the latest filed complaint. An order subject to 
this paragraph will terminate 20 years from the date on which a court 
complaint described in this paragraph was or is filed, except as 
provided in the following sentence. If the complaint was or is 
dismissed, or a federal court rules or has ruled that the respondent did 
not violate any provision of the order, and the dismissal or ruling was 
or is not appealed, or was or is upheld on appeal, the order will 
terminate according to paragraph (b)(3)(i) of this section as though the 
complaint was never filed; provided, however, that the order will not 
terminate between the date that such complaint is filed and the later of 
the deadline for appealing such dismissal or ruling and the date such 
dismissal or ruling is upheld on appeal. The filing of a complaint 
described in this paragraph will not affect the duration of any order 
provision that has expired, or will expire, by its own terms. The filing 
of a complaint described in this paragraph also will not affect the 
duration of an order's application to any respondent that is not named 
in the complaint.
    (iii) Stay of Termination. Any party to an order may seek to stay, 
in whole or part, the termination of the order as to that party pursuant 
to paragraph (b)(3) (i) or (ii) of this section. Petitions for such 
stays shall be filed in accordance with the procedures set forth in 
Sec. 2.51 of these rules. Such petitions shall be filed on or before 
the date on which the order would be terminated pursuant to paragraph 
(b)(3) (i) or (ii) of this section. Pending the disposition of such a 
petition, the order will be deemed to remain in effect without 
interruption.
    (iv) Orders not terminated. Nothing in Sec. 3.72(b)(3) is intended 
to apply to in camera orders or other procedural or interlocutory 
rulings by an Administrative Law Judge or the Commission.

[32 FR 8449, June 13, 1967, as amended at 44 FR 40637, July 12, 1979; 45 
FR 21623, Apr. 2, 1980; 60 FR 58515, Nov. 28, 1995]