Children'S Advertising

Text (OCR of the scan at left; may contain errors)

IN THE MATTER OF CHILDREN' S ADVERTISING TRR No. 215-60. Interlocutory Order, March 7, 1.979 ORDER MODIFYING SCHEDULE temporarily Effective March 9, 1979, the Commission wil be reduced to four members, of whom two are not presently participating in the instant proceeding. Whether or not two Commissioners might properly exercise certain decisionmaking authority under these circumstances, the Commission believes that, if at all reasonably possible, it is in the public interest that Commission decisions of significance with respect to this proceeding be taken with the participation of no fewer than three Commissioners. At the same time, certain phases of most Magnuson-Moss rulemaking proceedings, including this one, typically involve little or no intervention by the Commission because of the wide latitude to conduct hearings vested in the presiding offcer. It would be productive of considerable delay, and manifestly not in the public interest, were such phases of a matter to be suspended merely because of the desire of the Commission that decisions to be made at some unspecified time in the future be made with the participation of no fewer than three members.

In light of the foregoing, the Commission can perceive no reason hearings in this matterwhy the presently ongoing "legislative" which are subject to the direction of the presiding officer, ought not proceed as scheduled. Nor does any reason appear why interested parties may not thereafter propose issues for designation, or why the presiding offcer may not subsequently recommend designation of such issues.' However, it is the present intention of the Commission that it wil not designate such issues as contemplated by the Initial 1978) until it Notice of Rulemaking, 43 F.R. 17967, 17971 (April 27, may do so pursuant to a vote in which at least three members of the Commission participate. To achieve these results the following order is issued:

It is ordered, That following completion of the Washington, D. legislative" hearing in this matter, persons wishing to do so must submit to the presiding offcer on or before April 30, 1979, or by such other time as the presiding offcer may in his sole discretion establish (1) proposed disputed issues of fact that are material and , The Initial Notice of Fro pose Ru\emaking, 43 F.R 17967 et seq. (April 27 1978), makes no expre! reference to the role of the presiding offcer in the designation process- It wns the Commission s intention that the presiding offcer should make a recommendation to the Commission aJ to what issues, if any, should be designate. Interlocutory Order 93 F. necessary to resolve at a disputed issues hearing, (2) requests to cross examine at a disputed issues hearing witnesses who appeared at the "legislative" hearings, and (3) requests to present oral rebuttal at a disputed issues hearing.

It is further ordered, That following receipt of the submissions ordered above, the presiding offcer shall make a recommendation to the Commission identifying disputed issues of fact, if any, that are material and necessary to resolve at a disputed issues hearing. It is further ordered, That subsequent proceedings in this matter shall be had at such time as the Commission shall hereafter order. Chairman Pertschuk and Commissioner Pitofsky did not participate.

325 Complaint