# 16 CFR § 1.12: Notice of informal hearing and designations

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/ecfr-16-1.12

## Section

- **Citation:** 16 CFR § 1.12
- **Heading:** Notice of informal hearing and designations
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** September 22, 2026
- **Source:** Publisher's official text
- **Location:** Title 16—Commercial Practices > CHAPTER I—FEDERAL TRADE COMMISSION > SUBCHAPTER A—ORGANIZATION, PROCEDURES AND RULES OF PRACTICE > PART 1—GENERAL PROCEDURES > Subpart B—Rules and Rulemaking Under Section 18(a)(1)(B) of the FTC Act

## Text

(a) Initial notice of informal hearing. If an informal hearing has been requested under § 1.11(e), a notice of informal hearing will be published in the Federal Register. The initial notice of informal hearing will include:
(1) The designation of a presiding officer, pursuant to § 1.13(a)(1);
(2) The time and place of the informal hearing;
(3) A final list of disputed issues of material fact necessary to be resolved during the hearing, if any;
(4) A list of the interested persons who will make oral presentations;
(5) A list of the groups of interested persons determined by the Commission to have the same or similar interests in the proceeding;
(6) An invitation to interested persons to submit requests to conduct or have conducted cross-examination or to present rebuttal submissions, pursuant to § 1.13(b)(2), if desired; and
(7) Any other procedural rules necessary to promote the efficient and timely determination of the disputed issues to be resolved during the hearing.
(b) Requests to conduct cross-examination or present rebuttal submissions. Cross-examination and rebuttal submissions at an informal hearing are available only to address disputed issues of material fact necessary to be resolved. Requests for an opportunity to cross-examine or to present rebuttal submissions must be accompanied by a specific justification therefor. In determining whether to grant such requests, the presence of the following circumstances indicate that such requests should be granted:
(1) An issue for cross-examination or the presentation of rebuttal submissions, is an issue of specific fact in contrast to legislative fact;
(2) A full and true disclosure with respect to the issue can be achieved only through cross-examination rather than through rebuttal submissions or the presentation of additional oral submissions; and
(3) The particular cross-examination or rebuttal submission is required for the resolution of a disputed issue.
(c) Final notice of informal hearing. Based on requests submitted in response to the initial notice of public hearing, the Commission will publish a final notice of informal hearing in the Federal Register. The final notice of public hearing will include:
(1) A list of the interested persons who will conduct cross-examination regarding disputed issues of material fact;
(2) A list of any groups of interested persons with the same or similar interests in the proceeding who will be required to choose a single representative to conduct cross-examination on behalf of the group, as provided in paragraph (d) of this section; and
(3) A list of the interested persons who will be permitted to make rebuttal submissions regarding disputed issues of material fact.
(d) Designation of group representatives for cross-examination. After consideration of any submissions under § 1.11(e), the Commission will, if appropriate, identify groups of interested persons with the same or similar interests in the proceeding. The Commission may require any group of 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.
[86 FR 38548, July 22, 2021]

## Nearby sections

- [16 CFR § 1.7 § 1.7 Scope of rules in this subpart.](https://www.frixlaw.com/law-library/statutes/ecfr-16-1.7.md)
- [16 CFR § 1.8 § 1.8 Nature, authority, and use of trade regulation rules.](https://www.frixlaw.com/law-library/statutes/ecfr-16-1.8.md)
- [16 CFR § 1.9 § 1.9 Petitions to commence trade regulation rule proceedings.](https://www.frixlaw.com/law-library/statutes/ecfr-16-1.9.md)
- [16 CFR § 1.10 § 1.10 Advance notice of proposed rulemaking.](https://www.frixlaw.com/law-library/statutes/ecfr-16-1.10.md)
- [16 CFR § 1.11 § 1.11 Commencement of a rulemaking proceeding.](https://www.frixlaw.com/law-library/statutes/ecfr-16-1.11.md)
- [16 CFR § 1.12 § 1.12 Notice of informal hearing and designations.](https://www.frixlaw.com/law-library/statutes/ecfr-16-1.12.md)
- [16 CFR § 1.13 § 1.13 Conduct of informal hearing by the presiding officer.](https://www.frixlaw.com/law-library/statutes/ecfr-16-1.13.md)
- [16 CFR § 1.14 § 1.14 Promulgation.](https://www.frixlaw.com/law-library/statutes/ecfr-16-1.14.md)
- [16 CFR § 1.15 § 1.15 Amendment or repeal of a rule.](https://www.frixlaw.com/law-library/statutes/ecfr-16-1.15.md)
- [16 CFR § 1.16 § 1.16 Petition for exemption from trade regulation rule.](https://www.frixlaw.com/law-library/statutes/ecfr-16-1.16.md)
- [16 CFR § 1.18 § 1.18 Rulemaking record.](https://www.frixlaw.com/law-library/statutes/ecfr-16-1.18.md)
- [16 CFR § 1.19 § 1.19 Modification of a rule by the Commission at the time of judicial review.](https://www.frixlaw.com/law-library/statutes/ecfr-16-1.19.md)
- [16 CFR § 1.20 § 1.20 Alternative procedures.](https://www.frixlaw.com/law-library/statutes/ecfr-16-1.20.md)
- [16 CFR § 1.21 § 1.21 Scope of the rules in this subpart.](https://www.frixlaw.com/law-library/statutes/ecfr-16-1.21.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/ecfr-16-1.12. Check the current official text before relying on it. Not legal advice.
