a finai decision in each case in which an initial decision has not become final. (b) The final decision shall contain: (1) Findings of fact and conclusions, as well as the reasons or basis therefor, upon all the material issues of fact, law or discretion presented on the record; (2) Ruling on each relevant and material exception filed; and (3) The appropriate rule or order and the sanction, relief or denial thereof. (Sec. 8(b), 60 Stat. 2422; 5 U.S.C. 1007(b)) INTERLOCUTORY ACTIONS IN HEARING PROCEEDINGS (a) (1) The Commission acts on petitions to amend, modify, enlarge or delete the issues in hearing proceedings which involve rule making matters exclusively. It also acts on interlocutory pleadings filed in matters or proceedings which are before the Commission. (2) The Review Board acts on petitions to amend, modify, enlarge, or delete the issues in cases of adjudication (including mixed adjudicative and rule making proceedings) and upon joint requests for approval of agreements filed pursuant to § 1.525. It also acts on interlocutory pleadings filed in matters on proceedings which are before the Board. (3) The Chief Hearing Examiner acts on those interlocutory matters listed in § 0.351 of this chapter. (4) All other interlocutory matters in hearing proceedings are acted on by the presiding officer. See §§ 0.218 and 0.341 of this chapter. (5) Each interlocutory pleading shall indicate in its caption whether the pleading is to be acted upon by the Commission, the Review Board, the Chief Hearing Examiner, or the presiding officer. If the pleading is to be acted upon by the presiding officer, he shall be identified by name. (b) All interlocutory pleadings shall be submitted in accordance with the provisions of §§ 1.4, 1.44, 1.47, 1.48, 1.49, and 1.52. (c) (1) Procedural rules governing interlocutory pleadings are set forth in §§ 1.292-1.298. d (2) Rules governing appeal from reconsideration of, interlocutory made by the presiding officer are so in §§ 1.301 and 1.303. (3) Rules governing the review of interlocutory rulings made by the Review Board or the Chief Hearing Examiner are set forth in §§ 1.101, 1.102(b), 1.115, and 1.117. Petitions requesting reconsideration of an interlocutory ruling made by the Commission, the Review Board, or the Chief Hearing Examiner I will not be entertained. See, however, § 1.113. (d) No initial decision shall become effective under § 1.276 (e) until all interlocutory matters pending before the Review Board or the Commission in the proceeding at the time the initial decision is issued have been disposed of and the time allowed for appeal from interlocutory rulings of the presiding office or the Review Board has expired. [29 F.R. 6443, May 16, 1964, as amended at 2! F.R. 12773, Sept. 10, 1964] § 1.292 Number of copies. (a) An original and 14 copies of each interlocutory pleading to be acted upor by the Review Board, the Chief Hearin Examiner, or the presiding officer shall b filed. (b) An original and 19 copies of eac interlocutory pleading to be acted upo by the Commission shall be filed. [29 F.R. 6444, May 16, 1964] § 1.294 Oppositions and replies. (a) Any party to a hearing may fi an opposition to an interlocutory re quest filed in that proceeding. (b) Except as provided in paragrap (c) of this section, oppositions shall b filed within 4 days after the origin pleading is filed, and replies to oppos tions will not be entertained. See, how ever, §1.732. (c) Oppositions to pleadings in t following categories shall be filed with 10 days after the pleading is filed. R plies to such oppositions shall be fil within 5 days after the opposition filed, and shall be limited to matt raised in the opposition. (1) Petitions to amend, modify, large, or delete the issues upon which hearing was ordered. (2) Petitions to intervene. (3) Petitions by adverse parties questing dismissal of an application. (4) Joint requests for approval agreements filed pursuant to § 1.525. (d) Additional pleadings may be only if specifically requested or aut 29 FR. 6444, May 16, 1964] $1.298 Rulings; time for action. (a) Unless it is found that irreparable injury would thereby be caused one of the parties, or that the public interest requires otherwise or unless all parties have consented to the contrary, consideration of zoriontory requests will be withhen me time for filing oppositions antes, if rephes are allowed based As a matter discretion, how requests for continuances and extensions of time, requests for permission to peadings LeXCESS of the lengthened in this chaper, and requests for temporary relief may be ruled pe parte without waiting for the mg of responsive pleadings. Federal Washing 20 15 double spac b) Interlocutor matters will be disposed of by wine cher which will be Pased promptly harder upon conested matters stal contam a statement of the reasons for them therein, ULless such order is well-expuanatory or 15 merely an affirmance of a prior deal in which reasons have been, giver. (c) Matters rase orain on the recnd of a hearing prodestins may ver, be disposed at onair Di Loe pre405ding officer. PR. 12425, No 2 29. menue. £ PR. 6444, May 26 1904 APPEAL AND RECONE PERSICO FREA ING OFFICE. H 11.301 Appeal from for premtuar: ficer's adverse ruling. Chetare Any party to & imeti prise Ele an appeal f (c) Appeals, shall conform I 1.49, 1.51, and 15 (d) The failure e) Unless the presid him shall be effective is its discretion stay the extent of the Tur Not Tress the ruling command ca h if at YALE for 22, 1963, as amended at was far 3 1064) miling. densederation of presiding of ns to i er ahtaining the of siding officer, file to he .ce alding officer - Bitten DEPOSITIONS AUTHORITY: §§ 1.311 to 1.319 issued under sec. 409, 48 Stat. 1096, as amended; 47 U.S.C. 409. § 1.311 When depositions may be taken. At any time after a case has been (a) A party to a hearing desiring to (b) The notice shall contain the following information: (1) The name and address of each person to be examined, if known, and if the name is not known, a general description sufficient to identify him or the particular class or group to which he belongs. (2) The time and place for taking the deposition of each person to be examined, and the name and address of the person before whom the deposition is to be taken. (3) The matters upon which each person will be examined. (4) A statement of reasons supporting the need for eliciting testimony upon such matters by deposition rather than by direct testimony. (5) A statement of reasons (where [28 F.R. 12425, Nov. 22, 1963, as amended at § 1.313 Deposition orders. (a) On his own motion or upon motion seasonably made by any party or by the person to be examined, the presiding officer may order: (1) That the deposition shall not be taken. (2) That it may be taken only at some designated time or place other than that stated in the notice. (3) That it may be taken only on written interrogatories. (4) That certain matters shall not be inquired into. (5) That the scope of the examination shall be limited to certain matters. (6) That the examination shall be held under such circumstances as will effectuate the ends of justice. (7) That, after being sealed, the deposition shall be opened only by order of the presiding officer. (b) Motions opposing the taking of depositions shall be served on all parties to the proceeding. No further pleadings may be filed unless specifically requested or authorized by the presiding officer. The presiding officer may in his discretion direct the parties or their attorneys to appear at a specified time and place for a conference to consider matters raised by the notice or the opposition. (c) If a motion opposing the taking of depositions is not filed, and if no action is taken by the presiding officer on his own motion, within ten days after filing of the notice to take depositions, the depositions described in the notice may be taken. (d) In acting on the notice to take depositions, the presiding officer may consider the following matters: (1) The relevancy and materiality of the matters upon which each person will be examined, and the competency of such person to testify on such matters. (2) Any measures which justice may require to protect a party or witness from annoyance, embarrassment, or oppression. (3) The desirability of establishing the facts in question by direct testimony rather than by deposition. (4) The necessity for taking multiple depositions to establish the facts in question. (e) No inference concerning the admissibility of a deposition in evidence shall be drawn because of favorable action on the notice to take depositions. (f) Nothing in this section or in § 1.312 shall be construed to prevent the taking of depositions which may be authorized by the presiding officer on the record during the course of either a prehearing conference or an evidentiary hearing. § 1.314 Persons before whom depositions may be taken. Depositions shall be taken before any judge of any court of the United States; any United States Commissioner; any clerk of a district court; any chancellor, justice or judge of a supreme or superior court; the mayor or chief magistrate of a city; any judge of a county court, or court of common pleas of any of the United States; any notary public, 3 not being of counsel or attorney to any party, nor interested in the event of the proceeding; or presiding officers, as provided in § 1.243. $1.315 Oath; transcript of depositions. The officer before whom the deposition is to be taken shall administer an oath or affirmation to the witness and shall personally, or by someone acting under his direction and in his presence, record the testimony of the witness. The testimony shall be taken stenographically and transcribed, unless the parties agree otherwise. In lieu of participating in the oral examination, parties served with notice of taking a deposition may transmit written interrogatories to the officer, who shall propound them to the witness and record the answers verbatim. § 1.316 Submission of deposition to witness; changes; signing. When the testimony is fully transcribed, the deposition of each witness shall be submitted to him for examination and shall be read to or by him. Any changes in form or substance which the witness desires to make shall be entered upon the deposition by the officer with a statement of the reasons given by the witness for making them. The deposition shall then be signed by the witness, unless the parties by stipulation waive the signing, or the witness is ill, cannot be found, or refuses to sign. If the deposition is not signed by the witness, the officer shall sign it and state on the record the fact of the waiver, the illness or absence of the witness, or of his refusal to sign, together with the reason (if any) given therefor; and the deposition may then be used as fully as though signed, unless upon a motion to suppress, the Commission holds that the reason given for the refusal to sign requires rejection of the deposition in whole or in part. $1.317 Certification of deposition and filing by officer; copies. marked "Deposition of (here insert name of witness)” and shall promptly send the original and two copies thereof, together with the original and two copies of all exhibits, by registered mail to the Secretary of the Commission. § 1.318 Inclusion in the record. The officer shall certify on the deposition that the witness was duly sworn by him, that the deposition is a true record of the testimony given by the witness, and that said officer is not of counsel or attorney to either of the parties, nor interested in the event of the proceeding or investigation. He shall then securely seal the deposition in an envelope endorsed with the title of the action and 51-094-66 (a) No deposition shall constitute a part of the record in any proceeding until received in evidence at a hearing. (b) The deposition of a person with a substantial interest in, or holding a position of responsibility with, a party to the proceeding will not be admitted in evidence unless it is shown that the witness is dead or seriously ill, that other exceptional circumstances exist, or that the testimony proffered is of such character that, in the interest of justice and with due regard to the importance of presenting the testimony of the witnesses orally, the deposition should be admitted. § 1.319 Objections to depositions. (a) Except as provided in paragraphs (b), (c) and (d) of this section, objection may be made at the hearing to receiving in evidence any deposition or part thereof for any reason which would require the exclusion of the evidence if the witness were then present and testifying. (b) Objections to the competency of a witness, or to the competency, relevancy, or materiality of testimony are not waived by failure to make them before or during the taking of the deposition unless the ground of the objection is one which might have been obviated or removed if presented at that time. (c) Errors and irregularities occurring at the oral examination in the manner of taking the deposition, in the form of the questions or answers, in the oath or affirmation, or in the conduct of parties, and errors of any kind which might be obviated, removed, or cured if promptly presented, are waived unless seasonable objection thereto is made at the taking of the deposition. (d) Any objection made at the time of the examination to the qualifications of the officer taking a deposition, or to the manner of taking it, or to the evidence presented, or to the conduct of any party, and any other objection to the proceedings, shall be noted by the officer upon the deposition. Evidence objected to shall be taken subject to such objection. SUBPENAS AUTHORITY: §§ 1.331 to 1.340 issued under sec. 409, 48 Stat. 1096; 47 U.S.C. 409. § 1.331 Who may sign and issue. Subpenas requiring the attendance and testimony of witnesses, and subpenas requiring the production of any books, papers, schedules of charges, contracts, agreements, and documents relating to any matter under investigation or hearing, may be signed and issued as follows: (a) Hearings before the Commission en banc, an individual commissioner, or a panel of commissioners: By any commissioner participating in the conduct of the hearing. (b) Hearings before a hearing examiner: By the hearing examiner or, in his absence, by the Chief Hearing Examiner. § 1.333 pena. Requests for issuance of sub (a) Unless submitted on the record while a hearing is in progress, requests for a subpena ad testificandum shall be submitted in writing. (b) Requests for a subpena duces tecum shall be submitted in writing, duly subscribed and verified, and shall specify with particularity the books, papers, and documents desired and the facts expected to be proved thereby. (c) All requests for subpenas shall be supported by a showing of the general relevance and materiality of the evidence sought. (d) Requests for subpenas shall be submitted in triplicate, but need not be served on the parties to the proceeding. § 1.334 Motions to quash. Any person against whom a subpena is directed may file a motion to quash or limit the subpena, setting forth the reasons why the subpena should not be complied with or why it should be limited in scope. person who is not a party to the proceeding and is not less than 18 years of age. (b) Service of a subpena upon the person named therein shall be made by exhibiting the original subpena to him by reading the original subpena to him if he is unable to read, by delivering th duplicate subpena to him, and by ten dering to him the fees for one day' attendance at the proceeding to which he is summoned and the mileage allowe by law. If the subpena is issued of behalf of the United States or an office or agency thereof, attendance fees an mileage need not be tendered. § 1.337 Return of service. (a) If service of the subpena is mad by a person other than a United State marshal or his deputy such person sha make affidavit thereof, stating the dat time, and manner of service. (b) In case of failure to make servic the reasons for the failure shall b stated on the original subpena by th person who attempted to make servic (c) The original subpena, bearing accompanied by the required retu affidavit or statement, shall be return forthwith to the Secretary of the Cor mission or, if so directed on the subper to the official before whom the pers named in the subpena is required appear. § 1.338 Subpena forms. (a) Subpena forms, marked "Or inal", "Duplicate", and "Triplicate", a bearing the Commission's seal, may obtained from the Commission's Dock Division. These forms are to be co pleted and submitted with any requ for issuance of a subpena. (b) If the request for issuance o subpena is granted, the "Original" "Duplicate" copies of the subpena returned to the person who submi the request. The "Triplicate" cop retained for the Commission's files. (c) The "Original" copy of the pena includes a form for proof of s ice. This form is to be executed by person who effects service and retu by him to the Secretary of the Com sion or, if so directed on the subp to the official before whom the pe named in the subpena is require appear. (d) The "Duplicate" copy of the pena shall be served upon the p |