[Code of Federal Regulations]

[Title 47, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 47CFR0.341]



[Page 39-40]

 

                       TITLE 47--TELECOMMUNICATION

 

              CHAPTER I--FEDERAL COMMUNICATIONS COMMISSION

 

PART 0_COMMISSION ORGANIZATION--Table of Contents

 

                   Subpart B_Delegations of Authority

 

Sec. 0.341  Authority of administrative law judge.



    (a) After an administrative law judge has been designated to preside 

at a hearing and until he has issued an initial decision or certified 

the record to the Commission for decision, or the proceeding has been 

transferred to another administrative law judge, all motions, petitions 

and other pleadings shall be acted upon by such administrative law 

judge, except the following:

    (1) Those which are to be acted upon by the Commission. See Sec. 

1.291(a)(1) of this chapter.

    (2) Those which are to be acted upon by the Chief Administrative Law 

Judge under Sec. 0.351.

    (b) Any question which would be acted upon by the administrative law 

judge if it were raised by the parties to the proceeding may be raised 

and acted upon by the administrative law judge on his own motion.

    (c) Any question which would be acted upon by the Chief 

Administrative



[[Page 40]]



Law Judge or the Commission, if it were raised by the parties, may be 

certified by the administrative law judge, on his own motion, to the 

Chief Administrative Law Judge, or the Commission, as the case may be.

    (d) In the conduct of routine broadcast comparative hearings 

involving applicants for only new facilities, i.e., cases that do not 

involve numerous applicants and/or motions to enlarge issues, the 

presiding administrative law judge shall make every effort to conclude 

the case within nine months of the release of the hearing designation 

order. In so doing, the presiding judge will make every effort to 

release an initial decision in such cases within 90 days of the filing 

of the last responsive pleading.

    (e) Upon assignment by the Chief Administrative Law Judge, 

Administrative Law Judges, including the Chief Judge, will act as 

settlement judges in appropriate cases. See 47 CFR 1.244 of this 

chapter.



[29 FR 6442, May 16, 1964, as amended at 37 FR 19372, Sept. 20, 1972; 41 

FR 14870, Apr. 8, 1976; 56 FR 792, Jan. 9, 1991; 62 FR 4170, Jan. 29, 

1997]