herits of the proceeding with any person ho is connected with the proceeding in n advocative or an investigative apacity, or with any representative of uch person: Provided, however, That the Commission may discuss the merits of the ase with such a person if all parties to he proceeding, or their representatives, have been given an opportunity to be resent. Any memorandum or other communication addressed to the Commission, during the pendency of the proceeding, and relating to the merits thereof, by, or on behalf of, any party shall be regarded as argument made in the proceeding and shall be filed with the nearing clerk, who shall serve a copy thereof upon the opposite party to the proceeding, and opportunity shall be given the opposite party to file a reply thereto. (b) Issuance of order. The order, prepared as described in paragraph (a) of this section, shall be issued and served upon the parties as the final order in the proceeding without further procedure: Provided, That, if the terms of the order differ substantially from those proposed in the report of the referee the Commission may, if it deems it advisable to do so, direct that a copy of the order be served upon the parties as a tentative order; and, in such event, opportunity shall be given the parties to file exceptions thereto and written arguments or briefs in support of such exceptions. In such case, if no exceptions are filed within 20 days following the service of the tentative order, it shall be issued and served as the final order in the proceeding. § 0.71 Applications for reopening hearings, for rehearings or rearguments of proceedings, or for reconsideration of orders. (a) Petition requisite-(1) Filing; service. An application for reopening the hearing to take further evidence, or for rehearing or reargument of the proceeding, or for reconsideration of the order must be made by petition to the Commission filed with the hearing clerk, who immediately shall notify and serve a copy thereof upon the other party to the proceeding. Every such petition must state specifically the grounds relied upon. (2) Petitions to reopen hearings. A petition to reopen a hearing to take further evidence may be filed at any time prior to the issuance of the final order. Every such petition shall state briefly the nature and purpose of the evidence to be adduced, shall show that such evidence is not merely cumulative, and shall set forth a good reason why such evidence was not adduced at the hearing. Every such petition shall be served by the hearing clerk on the other parties to the proceeding. (3) Petitions to rehear or reargue proceedings, or to reconsider orders. A petition to rehear or reargue the proceeding or to reconsider the order must be filed within 15 days after the date of the service of the order. Every such petition must state specifically the matters claimed to have been erroneously decided and alleged errors must be briefly stated. (b) Procedure for disposition of petitions. Within 20 days following the service of any petition provided for in this section, the other party to the proceeding shall file with the hearing clerk an answer thereto. As soon as practicable thereafter, the Commission shall announce the decision whether to grant or to deny the petition. Unless the Commission shall determine otherwise, operation of the order shall not be stayed pending the decision whether to grant or to deny the petition. In the event that any such petition is granted by the Commission, the applicable rules of practice, as set out elsewhere in this part, shall be followed. A person filing a petition under this section shall be regarded as the complainant, although he shall be referred to as the complainant or respondent, depending upon his designation in the original proceeding. § 0.72 Filing; service; extensions of time; additional time for filing; and computation of time. (a) Filing; number of copies. Except as is provided otherwise in this subpart, all documents or papers required or authorized by the rules in this subpart to be filed with the hearing clerk shall be filed in quintuplicate: Provided, That, where there are more than two parties to the proceeding, a sufficient number of copies shall be filed so as to provide the service upon all the parties to the proceeding. Any document or paper, required or authorized under these rules to be filed with the hearing clerk, shall, during the course of an oral hearing, be filed with the referee. (b) Service; proof of service. Copies of all such papers shall be served upon 27 (a) Presiding officer. Each such hearing shall be presided over by the Act Administrator or by an employee of the Commodity Exchange Authority whom he shall designate, or by such person as the Commission may designate for the purpose. The hearing shall be conducted in such a way as to afford to interested persons a reasonable opportunity to be heard on matters relevant to the issues involved and so as to obtain a clear and orderly record. The presiding officer shall have authority to administer oaths or affirmations and to take all other actions necessary to the orderly conduct of the hearing. (b) Continuance of hearing. Each such hearing shall be held at the time and place set forth in the notice of hearing, but may at such time and place be continued by the presiding officer from day to day or adjourned to a later date or to a different place without notice other than the announcement thereof at the hearing. (c) Order of proceeding. At the commencement of the hearing, the presiding officer shall read the notice of hearing and shall then outline briefly the procedure to be followed. Evidence shall then be received with respect to the matters specified in the notice of hearing in such order as the presiding officer shall prescribe. (d) Submission of evidence. All interested persons shall be given reasonable opportunity to offer evidence with respect to the matters specified in the notice of hearing. Every witness shall, before proceeding to testify, be sworn, after which he shall state his name, address, and whom he represents at the hearing and shall give such other information respecting his appearance as the presiding officer may request. The presiding officer shall confine the evidence to the questions before the hearing but shall not apply the technical rules of evidence. Affidavits as to relevant facts may be admitted in evidence at the hearing. Every witness shall be subject to questioning by the presiding officer or by any other representative of the Commission, but cross-examination by private persons shall not be permitted, except when the presiding officer expressly permits it. (e) Transcript of the evidence. Testimony given at the hearing shall be reported verbatim. All supporting written statements, charts, tabulations, or similar data offered in evidence at the hearing, and which are deemed by the presiding officer to be authentic and relevant, shall be numbered as exhibits and received in evidence and made a part of the record. Unless the presiding officer finds that the furnishing of copies is impracticable, four copies of the exhibits shall be submitted and in typewritten, printed, or mimeographed form. sufficient copies are not available, the presiding officer may have any exhibit read in evidence or may require additional copies to be furnished within a specified time. If (g) Copies of the record. Any person desiring a copy of the transcript of testimony or of any written exhibit or written argument shall be entitled thereto upon written application filed with the reporter, and upon payment of fees at the rate provided in the contract with the reporter. § 0.77 Preparation and issuance of order. (a) Preparation of proposed final order. Within a reasonable period of time after the hearing, the presiding officer, assisted by such employees of the Commodity Exchange Authority and of the Office of the Solicitor as the Act Administrator and the Solicitor, respectively, may direct, shall prepare such proposed final order as is appropriate and practicable. Such order shall include findings of fact and conclusions with the referee or may be stated ✓ and made a part of the transcript. ission or certification of any queso the Commission prior to the close e hearing shall be in the discretion e referee, except that, in case the ce shall grant a motion to dismiss he pleadings, an immediate appeal the referee's ruling may be taken e Commission. 1 Oral hearing before referee. 1) Request for hearing. Any party request an oral hearing on the facts ncluding such request in the comnt or answer, or by a separate request riting, filed with the hearing clerk. re to request an oral hearing within time allowed for the filing of the er shall constitute a waiver of such ing, and any party so failing to re an oral hearing will be deemed to agreed that the proceeding may be led upon a record formed under the tened procedure provided for in 0. › Time and place. The provisions 0.61(b) shall be applicable in 6a ⚫eedings. › Appearances (1) Representation. provisions of § 0.61(c) (1) shall be icable in 6a proceedings. 1) Failure to appear. If any party to proceeding, after being duly notified, to appear at the hearing, he or it 1 be deemed to have waived the right n oral hearing in the proceeding. In event that a party appears at the ring and no party appears for the er side, the party who is present shall e an election to present his or its lence, in whole or in part, in the form ffidavits or by oral testimony before referee. Failure to appear at the ring shall not be deemed to be a ver of the right to file suggested finds of fact, conclusions, and orders, and fs in support thereof. d) Order of proceeding. Except as y be determined otherwise by the refe, the complainant shall proceed first the hearing. e) Evidence. The provisions of § 0.61 shall be applicable in 6a proceedings. f) Oral argument before referee. e provisions of § 0.61(f) shall be apcable in 6a proceedings. (g) Transcript. The provisions of 7.61(g) shall be applicable in 6a proedings. The provisions of § 0.63 shall be applicable in 6a proceedings. § 0.87 Fees of witnesses. The provisions of § 0.64 shall be applicable in 6a proceedings. § 0.88 Prehearing conferences. The provisions of § 0.65 shall be applicable in 6a proceedings. § 0.89 Referee's report. (a) Filing the transcript of evidence. The provisions of § 0.66 (a) shall be applicable in 6a proceedings. (b) Proposed findings of fact, conclusions, and orders. The provisions of § 0.66 (b) shall be applicable in 6a proceedings. (c) The referee's report. The provisions of 0.66(c) shall be applicable in 6a proceedings. (d) Exceptions. The provisions, except those contained in the last sentence, of $0.66(d) shall be applicable in 6a proceedings. § 0.90 The shortened procedure. The provisions of § 0.67 shall be applicable in 6a proceedings. § 0.91 Transmittal of record. The provisions of § 0.68 shall be applicable in 6a proceedings. § 0.92 Argument before the Commission. (a) Oral argument. There shall be no right to oral argument in 6a proceedings other than that provided in § 0.84(f). (b) Exceptions; briefs. The Commission will consider all exceptions taken to the referee's report, all statements of objections, and briefs filed in support thereof. Additional briefs may be filed only with leave of the Commission. § 0.93 Preparation and issuance of order. (a) Preparation of order. As soon as practicable after the receipt of the record from the hearing clerk, the Commission, upon the basis, and after due consideration, of the record, shall prepare its order in the proceeding which shall include findings, conclusions, order, and rulings on motions, exceptions, proposed find |