39 CFR 3012.3 – Definition of a matter before the Commission
(a) A matter is before the Commission at such time as the Commission may designate, but in no event later than the earlier of the filing of a request to initiate a proceeding or the Commission noticing a proceeding.
Terms Used In 39 CFR 3012.3
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- Remand: When an appellate court sends a case back to a lower court for further proceedings.
(b) A matter is also before the Commission at such time as the person responsible for the communication has knowledge that a request to initiate a proceeding is expected to be filed.
(c) Paragraph (b) of this section does not apply to periodic reviews or reports issued by the Commission, or the 10-year review pursuant to 39 U.S.C. § 3622(d)(3).
(d) The following explanations apply:
(1) A matter is no longer before the Commission upon the issuance of the final order or decision in the docketed matter;
(2) A matter is again before the Commission upon the filing of a request for reconsideration. The matter remains before the Commission until resolution of the matter under reconsideration;
(3) A matter is again before the Commission upon the remand of a Commission’s final decision or order by an appellate court. The matter remains before the Commission until resolution of the matter under remand; and
(4) The mere potential that a request may be filed does not place a matter before the Commission. An affirmative action announcing, or actively preparing, an actual request with the intent to file within a reasonable period of time must be present.