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with the Desigmated Agency Ethics Official (see 47 CFR 0.231(1)).
(2) On receipt of information regarding a possible violation of §1.25 of this part or 18 U.S.C. 207, and after determining that such information appears substantiated, the General Counsel shall expeditiously provide such information, along with any comments or Commission regulations, to the Director of the Office of Government Ethics and to the Criminal Division, Department of Justice. The Commission shall coordinate any investigation on administrative action with the Department of Justice to avoid prejudicing criminal proceedings, unless the Department of Justice communicates to the Commission that it does not intend to initiate criminal prosecution.
(3) Whenever the Commission has determined after appropriate review that there is reasonable cause to believe that a former Commissioner or Commission employee has violated §1.25 of this part or 18 U.S.C. 207. it may designate the matter for an administrative disciplinary proceeding.
(c) Hearing. (1) Upon designating such matter for an administrative disciplinary proceeding, the Commission shall provide the former Commissioner or former Commission employee with notice of an intention to Institute a proceeding and an opportunity for a hearing. Such notice shall include: (1) A statement of allegations (and the basis thereof) sufficiently detailed to enable the former Commission employee to prepare an adequate defense; (11) notification of the right to a hearing; and (ill) an explanation of the method by which a hearing may be requested.
(2) If such former Commissioner or Commission employee has failed to request a hearing within the time specified after receiving adequate notice or has waived the opportunity for a hearing, the Commission may take such administrative action as outlined in paragraph (d) of this section.
(3X1) The presiding official at proceedings under this section shall be the Chairman or an individual designated by the Chairman or by the Commission.
(11) The presiding official at such proceeding must be a Commissioner, a member of the Review Board, an Ad
ministrative Law Judge, an attorney employed by the Commission, or a person qualified to practice law as provided in §1.23 of this part. The presiding official shall be provided with appropriate administrative and secretarial support by the Managing Director.
(ill) The presiding official shall be Impartial. No individual who has participated in any manner in the decision to initiate the proceeding may serve as the presiding official in those proceedings.
(4) The hearing shall be conducted at a reasonable time, date, and place. In setting a hearing date, the presiding official shall give due regard to the former government employee's need for: (1) Adequate time to prepare a defense properly; and (ii) an expeditious resolution of allegations that may be damaging to his or her reputation.
(5) The hearing shall include, at a minimum, the following rights for all parties: (1) To represent oneself or to be represented by counsel; (ii) to introduce and examine witnesses and to submit physical evidence; (Hi) to confront and cross-examine adverse witnesses; (iv) to present oral argument; and (v) to a transcript or recording of the proceedings, on request.
(6) In any hearing under this section, the Commission has the burden of proof and must establish substantial evidence of a violation.
(7)(i) The presiding official shall make a determination exclusively on matters of record in the proceeding, and shall set forth In an initial decision all findings of fact and conclusions of law relevant to the matters at issue.
(il) Within 30 days after the initial decision, any party to the proceeding may appeal the decision to the Commission. Unless the Commission orders otherwise, other parties to the proceeding may file comments within 20 days after such appeal is filed, and the party which filed such appeal may file a reply within 10 days after the period for filing comments has expired. The Commission shall base its decision on such appeal solely on the record of the proceedings or those portions thereof cited by the parties to limit the issues.
(ill) If the Commission modifies or reverses the initial decision, it shall specify such findings of fact and conelusions of law as are different from those of the presiding official.
(d) Administrative sanctions. The Commission may take appropriate action In the case of any Individual who failed to request a hearing after receiving adequate notice or who was found In violation of §1.25 of this part, of 5 CFR part 737, or of 18 U.S.C. 207 after a final administrative decision, by: (1) Prohibiting the individual from making, on behalf of any other person (except the United States), any formal or informal appearance before, or with the Intent to Influence, any oral or written communication to, the Commission on any matter of business for a period not to exceed five years, which may be accomplished by directing Commission employees to refuse to participate in any such appearance or to accept any such communication; (2) taking other appropriate disciplinary action.
(e) Judicial review. Any person found to have participated in a violation of §1.26 of this part, of 5 CFR part 737, or of 18 U.S.C. 207 may seek Judicial review of the administrative determination.
(Sees. 4(1) and 303(r), Communications Act of 1934. as amended, 47 U.S.C. 154(1) and 303<r); 18 U.S.C. 207(D)
[48 FR 44801. Sept. 30. 1983]
§1.29 Current partners of current employees.
No current partner of a current Commissioner or current Commission employee (including a special Government employee) shall act as agent or attorney for anyone (other than the United States) before the Commission in connection with any particular Commission matter in which such Commissioner or employee participates or has participated personally and substantially as a Commissioner or employee, or which is the subject of his or her official responsibility. See 18 U.S.C. 207(g) and 8 CFR 737.21.
(Sees. 4(1) and 303(r), Communications Act of 1934, as amended, 47 U.S.C. 154(1) and 303(r); 18 U.S.C. 307(J))
(48 FR 44802. Sept. 30. 1983]
Pleadings, Briefs, And Other Papsss
$1.41 Informal requests for Commit sion action.
Except where formal procedures are required under the provisions of this chapter, requests for action may be submitted informally. Requests should set forth clearly and concisely the facts relied upon, the relief sought, the statutory and/or regulatory provisions (if any) pursuant to which the request is filed and under which relief is sought, and the interest of the person submitting the request.
(1.42 Applications, reports, complaints; cross-reference.
(a) Rules governing applications and reports are contained In subparts D, E, and F of this part.
(b) Special rules governing complaints against common carriers arising under the Communications Act are set forth in subpart E of this part.
§1.43 Requests for stay; cross reterence.
General rules relating to requests for stay of any order or decision are set forth in §§141, 1.44(e). 1.45(d) and (e), and 1.298(a). See also §§1.102, 1.106(n) and 1.115(h).
§1.44 Separate pleadings for different requests.
(a) Requests requiring action by the Commission shall not be combined in a pleading with requests for action by an administrative law judge or by any per son or persons acting pursuant to delegated authority.
(b) Requests requiring action by an administrative law judge shall not be combined in a pleading with requests for action by the Commission or by any person or persons acting pursuant to delegated authority.
(c) Requests requiring action by any person or persons pursuant to delegated authority shall not be combined in a pleading with requests for action by any other person or persons acting pursuant to delegated authority.
(d) Pleadings which combine request* In a manner prohibited by paragraph (a), (b), or (c) of this section may be returned without consideration to the person who filed the pleading.
(e) Any request to stay the effectiveness of any decision or order of the Commission shall be filed as a separate pleading. Any such request which is not filed as a separate pleading will not be considered by the Commission.
Note: Matters which are acted on pursuant to delegated authority are set forth in subpart B of part 0 of this chapter. Matters acted on by the hearing examiner are set forth in 10.341.
i 1.46 Pleadings; filing periods.
Except as otherwise provided in this chapter, pleadings in Commission proceedings shall be filed in accordance with the provisions of this section.
(a) Oppositions. Oppositions to any motion, petition, or request may be filed within 10 days after the original pleading is filed. For matters related to part 22 of the rules, these microfiche copies must be filed within 15 calendar days of the paper filing (see §22.6).
(b) Replies. The person who filed the original pleading may reply to oppositions within 5 days after the time for filing oppositions has expired. The reply shall be limited to matters raised in the oppositions, and the response to all such matters shall be set forth in a single pleading; separate replies to individual oppositions shall not be filed. For matters related to part 22 of the rules, three microfiche copies must be filed within 15 calendar days of the paper filing (see §22.6).
(c) Additional pleadings. Additional pleadings may be filed only if specifically requested or authorized by the Commission.
(d) Requests for temporary relief; shorter filing periods. Oppositions to a request for stay of any order or to a request for other temporary relief shall be filed within 7 days after the request is filed. Replies to oppositions should not be filed and will not be considered. The provisions of 11.4(h) shall not apply in computing the filing date for oppositions to a request for stay or for other temporary relief.
(e) Ex parte disposition of certain pleadings. As a matter of discretion, the Commission may rule ex parte upon requests for continuances and extensions of time, requests for permission to file
pleadings in excess of the length prescribed in this chapter, and requests for temporary relief, without waiting for the filing of oppositions or replies.
Note: Where specific provisions contained in part 1 conflict with this section, those specific provisions are controlling. See, in particular, H 1.294(c), 1.298(a), and 1.773. [28 FR 12415, Nov. 22, 1963, as amended at 33 FR 7153, May 15, 1988; 45 FR 64190, Sept. 29, 1980; 54 FR 31032. July 26, 1989; 54 FR 37682, Sept. 12, 1989]
S 1.46 Motions for extension of time.
(a) It is the policy of the Commission that extensions of time shall not be routinely granted.
(b) Motions for extension of time in which to file responses to petitions for rulemaking, replies to such responses, comments filed in response to notice of proposed rulemaking, replies to such comments and other papers in rulemaking proceedings conducted under subpart C of this part shall be filed at least 7 days before the filing date. If a timely motion is denied, the responses and comments, replies thereto, or other papers need not be filed until 2 business days after the Commission acts on the motion. In emergency situations, the Commission will consider a late-filed motion for a brief extension of time related to the duration of the emergency and will consider motions for acceptance of comments, reply comments or other papers filed after the filing date.
(c) If a motion for extension of time in which to file papers in proceedings other than notice and comment rule making proceedings is filed less than 7 days prior to the day for filing the papers, the party filing the motion shall (in addition to serving the motion on other parties) orally notify other parties and Commission staff personnel responsible for acting on the motion that the motion has been (or is being) filed.
[39 FR 43301. Dec. 12, 1974, as amended at 41 FR 9550, Mar. 5, 1976; 41 FR 14871, Apr. 8, 1976; 42 FR 28887, June 6, 1977]
i 1.47 Service of documents and proof of service.
(a) Where the Commission or any person is required by statute or by the provisions of this chapter to serve any document upon any person, service shall (In the absence of specific provisions In this chapter to the contrary) be made In accordance with the provisions of this section. 4
(b) Where any person Is required to serve any document filed with the Commission, service shall be made by that person or by his representative on or before the day on which the document is filed: Provided, however. That formal complaints filed under section 208 of the Communications Act will be served by the Commission.
(c) Commission counsel who formally participate in any proceeding shall be served in the same manner as other persons who participate In that proceeding. The filing of a document with the Commission does not constitute service upon Commission counsel.
(d) Documents may be served upon a party, his attorney, or other duly constituted agent by delivering a copy or by mailing a copy to the last known address. When a party is represented by an attorney of record In a formal proceeding, service shall be made upon such attorney.
(e) Delivery of a copy pursuant to this section means handing it to the party, his attorney, or other duly constituted agent; or leaving it with the clerk or other person in charge of the office of the person being served; or, if there is no one in charge of such office, leaving It in a conspicuous place therein; or, if such office is closed or the person to be served has no office, leaving It at his dwelling house or usual place of abode with some person of suitable age and discretion then residing therein.
(f) Service by mall Is complete upon mailing.
(g) Proof of service, as provided In this section, shall be filed before action Is taken. The proof of service shall show the time and manner of service, and may be by written acknowledgement of service, by certificate of the person effecting the service, or by other proof satisfactory to the Commission. Failure to make proof of service will not affect the validity of the service. The Commission may allow the proof to be amended or supplied at any time, unless to do so would result In material prejudice to a party.
[28 PR 12415. Nov. 22, 1963, as amended at 40 FR 59644. Dec. 1. 1975; 53 PR 11852. Apr. 11. 1988]
S 1.48 Length of pleadings.
(a) Affidavits, statements, tables of contents and summaries of filings, and other materials which are submitted with and factually support a pleading are not counted in determining the length of the pleading. If other materials are submitted with a pleading, they will be counted in determining its length; and If the length of the pleadings, as so computed, is greater than permitted by the provisions of this chapter, the pleading will be returned without consideration.
(b) It is the policy of the Commission that requests for permission to file pleadings in excess of the length prescribed by the provisions of this chapter shall not be routinely granted. Where the filing period is 10 days or less, the request shall be made within 2 business days after the period begins to run. Where the period is more than 10 days, the request shall be filed at least 10 days before the filing date. (See $1.4.) If a timely request is made, the pleading need not be filed earlier than 2 business days after the Commission acts upon the request.
[41 FR 14871. Apr. 8. 1976. and 49 FR 40169. Oct. 15. 1984]
«1.49 Specifications as to pleadings and documents.
(a) All pleadings and documents filed in any proceeding shall be on A4 (21 cm x 29.7 cm) or 8.5 in x 11 in (21.6 cm x 27.9 cm) paper. The impression shall be double spaced, except that long quotations shall be single spaced and indented. All papers shall be typewritten or prepared by mechanical processing methods. The left hand margin shall be not less than 4 cm (1.5 in) wide. Both sides on the paper may be used. (If both sides are used, it is the right hand margin of even-numbered pages which shall be at least 4 cm (1.5 in) wide; and the pleading shall be bound—e.g., stapled twice—in the left hand margin, so as to open like a book). The foregoing shall not apply to printed briefs, official publications, charts and maps, original documents (or admissible copies thereof) offered as exhibits, specially propared exhibits, or if otherwise specifically provided. All copies shall be clearly legible.
(b) Except as provided in paragraph (d) of this section, all pleadings and documents filed with the Commission, the length of which as computed under this chapter exceeds ten pages, shall include, as part of the pleading or document, a table of contents with page references.
(c) Except as provided in paragraph (d) of this section, all pleadings and documents filed with the Commission, the length of which filings as computed under this chapter exceeds ten pages, shall include, as part of the pleading or document, a summary of the filing, suitably paragraphed, which should be a succinct, but accurate and clear condensation of the substance of the filing. It should not be a mere repetition of the headings under which the filing is arranged. For pleadings and documents exceeding ten but not twenty-five pages in length, the summary should seldom exceed one and never two pages; for pleadings and documents exceeding twenty-five pages in length, the summary should seldom exceed two and never five pages.
(d) The requirements of paragraphs (b) and (c) of this section shall not apply to:
(1) Interrogatories or answers to interrogatories, and depositions;
(2) FCC forms or applications;
(4) Contracts and reports;
(5) Letters; or
(6) Hearing exhibits, and exhibits or appendicies accompanying any document or pleading submitted to the Commission.
(e) In addition to the provisions above, pleadings related to Part 22 of the rules, must also be submitted on microfiche. See (22.6 for specifications.
Note: The table of contents and the sumnary pages shall not be included in complying with any page limitation requirements M set forth by Commission rule.
(40 PR mm. May 2. 1975, as amended at 47 PR 26393. Jane 18. 1982; 51 FR 16322, May 2, 1986; M FR 31082, July 26. 1989; 58 FR 44893. Aof. 25,1993]
§ 1.50 Specifications as to briefs.
Briefs may be printed, typewritten, mimeographed, multigraphed, or multllithed. Printed briefs shall be in 10- or 12-point type, on good unglazed paper, 5T/s inches wide by 9 inches long, with inside margin not less than lVi inches wide, and with double spaced text and single spaced quotations. Typewritten, mimeographed,
multigraphed, or multllithed briefs shall conform to the specifications for pleadings and documents set forth in §1.49.
S 1.51 Number of copies of pleadings, briefs and other papers.
Except as otherwise specifically provided in the Commission's rules and regulations, the number of copies of pleadings, briefs, and other papers to be filed is as follows:
(a) In hearing proceedings, the following number of copies shall be filed:
(1) If the paper filed relates to a matter to be acted upon by the presiding officer or the Chief Administrative Law Judge, an original and 6 copies shall be filed.
(2) If the paper filed relates to matters to be acted on by the Review Board, an original and 11 copies shall be filed.
(3) If the paper filed relates to matters to be acted on by the Commission, an original and 14 copies shall be filed.
(4) If more than one person presided (is presiding) at the hearing an additional copy shall be filed for each such additional person.
(b) In rulemaking proceedings which have not been designated for hearing, see section 1.419 of this Chapter.
(c) In matters other than rule making and hearing cases, the following number of copies shall be filed:
(1) If the paper filed relates to matters to be acted on by the Commission, an original and 4 copies shall be filed. If the matter relates to Part 22 of the rules, see §22.6.
(2) If the paper filed related to matters to be acted on by staff officials under delegated authority, an original and 4 copies shall be filed. If the matter relates to Part 22 of the rules, see §22.6.
(d) Where statute or regulation provides for service by the Commission of papers filed with the Commission, an