Volume 78
Public Law 88–306
To amend section 309(e) of the Communications Act of 1934, as amended, to require that petitions for intervention be filed not more than thirty days after publication of the hearing issues in the Federal Register.
Approved May 14, 1964
Statutory text
AN ACT
To amend section 309(e) of the Communications Act of 1934, as amended, to require that petitions for intervention be filed not more than thirty days after publication of the hearing issues in the Federal Register.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 309(e)
Communications Act of 1934, amendment.
Petitions for intervention.
of the Communications Act of 1934, as amended, is amended to rend as follows:
“(e) If, in the case of any application to which subsection (a) of this section applies, a substantial and material question of fact is presented or the Commission for any reason is unable to make the finding specified in such subsection, it shall formally designate the application for hearing on the ground or reasons then obtaining and shall forthwith notify the applicant and all other known parties in interest of such action and the grounds and reasons therefor, specifying with particularity the matters and things in issue but. not including issues or requirements phrased generally. When the Commission has so designated an application for hearing the parties in interest, if any, who are not. notified by the Commission of such action may acquire the status of a party to the proceeding thereon by filing a petition for intervention showing the basis for their interest not more than thirty days after publication of the hearing issues or any substantial amendment thereto in the Federal Register. Any hearing subsequently held upon such application shall be a full hearing in which the applicant and all other parties in interest shall be permitted to participate. The burden of proceeding with the introduction of evidence and the burden of proof shall be upon the applicant, except that with respect to any issue presented by a petition to deny or a petition to enlarge the issues, such burdens shall be as determined by the Commission.”
Approved May 14, 1964.