§ 1.91 - Revocation and/or cease and desist proceedings; hearings.

§ 1.91 Revocation and/or cease and desist proceedings; hearings.

Cross Reference

Link to an amendment published at 85 FR 63172, Oct. 6, 2020.

(a) If it appears that a station license or construction permit should be revoked and/or that a cease and desist order should be issued, the Commission will issue an order directing the person to show cause why an order of revocation and/or a cease and desist order, as the facts may warrant, should not be issued.

(b) An order to show cause why an order of revocation and/or a cease and desist order should not be issued will contain a statement of designate for hearing the matters with respect to which the Commission is inquiring and will call upon the person to whom it is directed (the respondent) to appear before file with the Commission at a hearing, a written appearance stating that the respondent will present evidence upon the matters specified in the order to show cause and, if required, appear before a presiding officer at a time and place stated in the orderto be determined, but not less no earlier than thirty days after the receipt of such order, and given evidence upon the matters specified in the order to show cause. However, if safety of life or property is involved, the order to show cause may specify a hearing date deadline of less than thirty days from the receipt of such order.

(c) To avail himself themselves of such opportunity for a hearing, the respondentrespondents, personally or by his attorneycounsel, shall file with the Commission, within thirty twenty days of the service mailing of the order or such shorter period as may be specified therein, a written appearance stating that he they will appear at the hearing and present evidence on the matters specified in the order and, if required, appear before the presiding officer at a time and place to be determined. The Commission in its presiding officer in his or her discretion may accept a late-filed appearance. However, an a written appearance tendered after the specified time has expired will not be accepted unless accompanied by a petition stating with particularity the facts and reasons relied on to justify such late filing. Such petition for acceptance of a late-filed appearance will be granted only if the Commission presiding officer determines that the facts and reasons stated therein constitute good cause for failure to file on time.

(d) Hearings Hearing proceedings on the matters specified in such orders to show cause shall accord with the practice and procedure prescribed in this subpart and subpart B of this part, with the following exceptions:

(1) In all such revocation and/or cease and desist hearings, the burden of proceeding with the introduction of evidence and the burden of proof shall be upon the Commission; and

(2) the The Commission may specify in a show cause order, when the circumstances of the proceeding require expedition, a time less than that prescribed in §§ 1.276 and 1.277 within which the initial decision in the proceeding shall become effective, exceptions to such initial decision must be filed, parties must file requests for oral argument, and parties must file notice of intention to participate in oral argument.

(e) Correction of or promise to correct the conditions or matters complained of in a show cause order shall not preclude the issuance of a cease and desist order. Corrections or promises to correct the conditions or matters complained of, and the past record of the licensee, may, however, be considered in determining whether a revocation and/or a cease and desist order should be issued.

(f) Any order of revocation and/or cease and desist order issued after hearing pursuant to this section shall include a statement of findings and the grounds therefor, shall specify the effective date of the order, and shall be served on the person to whom such order is directed.

(Sec. 312, 48 Stat. 1086, as amended; 47 U.S.C. 312)

[28 FR 12415, Nov. 22, 1963, as amended at 85 FR 63172, Oct. 6, 2020]