[Code of Federal Regulations]

[Title 49, Volume 4]

[Revised as of October 1, 2005]

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

[CITE: 49CFR201.15]



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                        TITLE 49--TRANSPORTATION

 

       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 

                             TRANSPORTATION

 

PART 201_FORMAL RULES OF PRACTICE FOR PASSENGER SERVICE--Table of Contents

 

Sec. 201.15  Determination to cancel the hearing.



    (a) If the presiding officer concludes that no issues of fact are 

presented by the direct testimony submitted, he shall publish such 

conclusion in the Federal Register with a notice that a hearing shall 

not be held. The notice shall set forth a date for filing written 

comments on the proposed recommended decision. Written comments may 

include proposed findings and conclusions, arguments, or briefs.

    (b) A person need not be a party to submit written comments.

    (c) Promptly after expiration of the period for receiving written 

comments, the presiding officer shall make a recommended decision based 

on the record, which in this case shall consist of the testimony, 

exhibits, and written comments submitted. He shall transfer to the 

Administrator his recommended decision, the record, and a certificate 

stating that the record contains all the written direct testimony and 

comments submitted. The Administrator shall then make a final decision 

in accordance with these regulations.



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