§ 385.710. Waiver of the initial decision (Rule 710).
443 words·~2 min read·
/us/cfr/t18/s§ 385.710·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)General rule. Any participant may file a motion requesting the Commission to issue a final decision without any initial decision. If all participants join in the motion, the motion is granted, unless the Commission denies the motion within 10 days after the date of filing of the motion or, in the case of an oral motion under paragraph (c)(2) of this section, within 10 days after the motion is transmitted to the Commission. If all participants do not join in the motion, the motion is denied unless the Commission grants the motion within 30 days of filing of the motion or, in the case of an oral motion under paragraph (c)(2) of this section, within 30 days after the motion is transmitted to the Commission.
(b)Content. Any motion to waive the initial decision filed with the Commission must specify:
(1)Whether any participant waives any procedural right;
(2)Whether all participants concur in the request to waive the initial decision;
(3)The reasons that waiver of the initial decision is in the interest of parties and the public interest;
(4)Whether any participant desires an opportunity for filing briefs; and
(5)Whether any participant desires an opportunity for oral argument before the presiding officer, the Commission, or an individual Commissioner.
(c)How and when made.
(1)Any written motion under this section may be filed at any time, but not later than the fifth day following the close of the hearing conducted under subpart E of this part.
(2)An oral motion under this section may be made during a hearing session, in which case the presiding officer will transmit to the Commission the relevant portions of the transcript of the hearing in which the motion was made.
(d)Waiver by presiding officer. A motion for waiver of the initial decision, requested for the purpose of certification of a contested settlement pursuant to Rule 602(h)(2)(iii)(A), may be filed with, and decided by, the presiding officer. If all parties join in the motion, the presiding officer will grant the motion. If not all parties join in the motion, the motion is denied unless the presiding officer grants the motion within 30 days of filing the written motion or presenting an oral motion. The contents of any motion filed under paragraph
(d)of this section must comply with the requirements in paragraph
(b)of this section. A motion may be oral or written, and may be made whenever appropriate for the consideration of the presiding officer. \[Order 225, 47 FR 19022, May 3, 1982, as amended by Order 376, 49 FR 21705, May 23, 1984; Order 578, 60 FR 19508, Apr. 19, 1995\]