Current through October 31, 2024
Section 3.11 - Commencement of proceedings(a)Complaint. Except as provided in § 3.13 , an adjudicative proceeding is commenced when an affirmative vote is taken by the Commission to issue a complaint.(b)Form of complaint. The Commission's complaint shall contain the following: (1) Recital of the legal authority and jurisdiction for institution of the proceeding, with specific designation of the statutory provisions alleged to have been violated;(2) A clear and concise factual statement sufficient to inform each respondent with reasonable definiteness of the type of acts or practices alleged to be in violation of the law;(3) Where practical, a form of order which the Commission has reason to believe should issue if the facts are found to be as alleged in the complaint; and(4) Notice of the specific date, time and place for the evidentiary hearing. Unless a different date is determined by the Commission, the date of the evidentiary hearing shall be 5 months from the date of the administrative complaint in a proceeding in which the Commission, in an ancillary proceeding, has sought or is seeking relief pursuant to Section 13(b) of the FTC Act, 15 U.S.C. 53(b) , and 8 months from the date of issuance of the administrative complaint in all other proceedings. 74 FR 1820 , Jan. 13, 2009