385.714—Certified questions (Rule 714).
(a) General rule.
During any proceeding, a presiding officer may certify or, if the Commission so directs, will certify, to the Commission for consideration and disposition any question arising in the proceeding, including any question of law, policy, or procedure.
(b) Notice.
A presiding officer will notify the participants of the certification of any question to the Commission and of the date of any certification. Any such notification may be given orally during the hearing session or by order.
(c) Presiding officer's memorandum; views of the participants.
(1)
A presiding officer should solicit, to the extent practicable, the oral or written views of the participants on any question certified under this section.
(2)
The presiding officer must prepare a memorandum which sets forth the relevant issues, discusses all the views of participants, and recommends a disposition of the issues.
(3)
The presiding officer must append to any question certified under this section the written views submitted by the participants, the transcript pages containing oral views, and the memorandum of the presiding officer.
(d) Return of certified question to presiding officer.
If the Commission does not act on any certified question within 30 days after receipt of the certification under paragraph (a) of this section, the question is deemed returned to the presiding officer for decision in accordance with the other provisions of this subpart.
(e) Certification not suspension.
Unless otherwise directed by the Commission or the presiding officer, certification under this section does not suspend the proceeding.