Voglio sapere a riguardo di…

Federal Register / Vol. 86, No. 138 / Thursday, July 22, 2021 / Rules and Regulations interested persons with the same or similar interests in the proceeding to select a single representative to conduct cross-examination on behalf of the group.
27. Revise 1.13 to read as follows:

lotter on DSK11XQN23PROD with RULES1

1.13 Conduct of informal hearing by the presiding officer.

a Presiding officer1 Designation.
In a trade regulation rule proceeding in which the Commission determines an informal hearing will be conducted, the initial notice of informal hearing must designate a presiding officer, who will be appointed by the Chief Presiding Officer specified in 0.8 of this chapter.
2 Powers of the presiding officer.
The presiding officer is responsible for the orderly conduct of the informal hearing. The presiding officer has all powers necessary or useful to that end, including the following:
i To issue any public notice that may be necessary for the orderly conduct of the informal hearing;
ii To modify the location, format, or time limits prescribed for the informal hearing, except that the presiding officer may not increase the time allotted for an informal hearing beyond a total of five hearing days over the course of a thirtyday period, unless the Commission, upon a showing of good cause, extends the number of days for the hearing;
iii To prescribe procedures or issue rulings to avoid unnecessary costs or delay, including, but not limited to, the imposition of reasonable time limits on the number and duration of oral presentations from individuals or groups with the same or similar interests in the proceeding and requirements that any crossexamination, which a person may be entitled to conduct or have conducted, be conducted by the presiding officer on behalf of that person in such a manner as the presiding officer determines to be appropriate and to be required for a full and true disclosure with respect to any issue designated for consideration in accordance with 1.13b1;
iv To issue rulings selecting or modifying the designated representatives of groups of interested persons, as provided in paragraph a3
of this section;
v To require that oral presentations at the informal hearing be under oath;
vi To require that oral presentations at the informal hearing be submitted in writing in advance of presentation; and viii To rule on all requests of interested persons made during the course of the informal hearing.
3 Selection or modification of group representatives. If a group of interested persons designated by the Commission
VerDate Sep<11>2014

15:56 Jul 21, 2021

Jkt 253001

under 1.12d to select a group representative is unable to agree upon a representative, the presiding officer may select a representative for the group.
The presiding officer may entertain requests by a member of a group of interested persons to conduct or have conducted cross-examination under paragraph b2 of this section if, after good-faith effort, the person is unable to agree upon a single representative with other group members and is able to demonstrate that the group representative will not adequately represent the persons interests. If the presiding officer finds that there are substantial and relevant issues or data that will not be adequately presented by the group representative, then the presiding officer may allow that person to conduct or have conducted any appropriate cross-examination on issues affecting the persons particular interests.
4 Organization. In the performance of their rulemaking functions, presiding officers are responsible to the chief presiding officer who must not be responsible to any other officer or employee of the Commission.
5 Ex parte communications. Except as required for the disposition of ex parte matters as authorized by law, no presiding officer may consult any person or party with respect to any fact in issue unless such officer gives notice and opportunity for all parties to participate.
b Additional procedures when there are disputed issues of material fact. If requested under 1.11d, an informal hearing with the opportunity for oral presentations will be conducted by the presiding officer. In addition, if the Commission determines that there are disputed issues of material fact that are material and necessary to resolve, the informal hearing on such issues will be conducted in accordance with 1.13b2.
1 Nature of issues for consideration in accordance with 1.13b2i Issues that must be considered in accordance with 1.13b2. The only issues that must be designated for consideration in accordance with paragraphs b2 of this section are disputed issues of fact that are determined by the Commission to be material and necessary to resolve.
ii Addition or modification of issues for consideration in accordance with 1.13b2. The presiding officer may at any time on the presiding officers own motion or pursuant to a written petition by interested persons, add or modify any issues designated pursuant to 1.12a. No such petition shall be considered unless good cause is shown
PO 00000

Frm 00013

Fmt 4700

Sfmt 4700

38549

why any such proposed issue was not proposed pursuant to 1.11e. In the event that new issues are designated, the presiding officer may determine whether interested persons may conduct cross-examination or present rebuttal submissions with respect to each new issue, as provided in 1.12b, and may select or modify group representatives for cross examination with respect to each new issue, as provided in paragraph a3 of this section.
2 Cross-examination and the presentation of rebuttal submissions by interested persons. The presiding officer will conduct or allow to be conducted cross-examination of oral presentations and the presentation of rebuttal submissions relevant to the disputed issues of material fact designated for consideration during the informal hearing. For that purpose, the presiding officer may require submission of written requests for presentation of questions to any person making oral presentations and will determine whether to ask such questions or any other questions. All requests for presentation of questions will be placed in the rulemaking record. The presiding officer will also allow the presentation of rebuttal submissions as appropriate and required for a full and true disclosure with respect to the disputed issues of material fact designated for consideration during the informal hearing.
c Written transcript. A verbatim transcript will be made of the informal hearing and placed in the rulemaking record.
d Recommended decision. The presiding officer will make a recommended decision based on their findings and conclusions as to all relevant and material evidence. The recommended decision will be made by the presiding officer who presided over the informal hearing except that such recommended decision may be made by another officer if the officer who presided over the hearing is no longer available to the Commission. The recommended decision must be rendered within sixty days of the completion of the hearing. If a petition for review of a ruling by the presiding officer has been filed under paragraph e of this section, the recommended decision must be rendered within sixty days following the resolution of that petition or any rehearing required by the Commission. The presiding officers recommended decision will be limited to explaining the presiding officers proposed resolution of disputed issues of material fact.
e Post-hearing review by the Commission of rulings by the presiding
E:FRFM22JYR1.SGM

22JYR1