§ 385.1405 - Modified procedure, how initiated (Rule 1405).  


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  • The Commission may, in its discretion, order that a proceeding be heard under modified procedure if it appears that substantially all important issues of material fact may be resolved by means of written materials and that the efficient dispositon of the proceeding can be made without oral hearing.

    (a) Commission's initiative or by request. Modified procedure will be ordered in a proceeding upon the Commission's initiative or upon its approval of a request filed by any party that the modified procedure shall be observed.

    (b) Order directing modified procedure. An order directing modified procedure will list the names and addresses of the persons who at that time are parties to the proceeding, and direct that they comply with the modified procedure rules. As used in Rules 1409, 1411, and 1413 the term “complainant” shall comprehend the party having the initial duty to establish the truth of the claim or to justify the relief or authorization sought, and the term “defendant” shall comprehend the party controverting the truth of the claim or opposing the relief or authorization sought.