Scheme Nickname: 
Newspaper Preservation Act Hearings

Pursuant to the Newspaper Preservation Act (15 USC 1801 et seq.), persons (including partnerships, corporations, associations or other legal entities) may apply to the Attorney General for approval of a joint newspaper operating arrangement. Note that such application is not required in order to enter into such an operating arrangement but is required if the applicants wish to obtain a limited exemption from antitrust laws when engaged in such an operating arrangement. 28 CFR 48.1. Any person who believes the Attorney General should or should not approve the proposed arrangement may either file written comments or request that a hearing be held on the matter. Such request should set forth the issues of fact to be determined and the reasons that a hearing is required to determine them. 28 CFR 28.8(a)(2).

The parties to such hearing are the applicants and the Assistant Attorney General in charge of the Antitrust Division and others may intervene pursuant to 28 CFR 48.11. The Assistant Attorney General for Administration shall assign an Administrative Law Judge to preside over the proceedings and the Judge shall render a recommendation regarding the approval or denial of the application. After such recommendation is made, any party may file written exceptions to the recommendation and the other parties shall have time to file responses. The Attorney General then renders a final decision on the matter. There is no provision for administrative or judicial appeal.

Comments/Notes on Adjudication Structure: 
Even though an ALJ presides over the hearing and the ALJ is assigned by the Assistant Attorney General for Administration (who is the head of the Justice Management Division), the Office of the Attorney General is listed as the hearing office. This is because the ALJ's decision does not stand alone and requires action by the Attorney General before the final decision is rendered.
Types of Adjudication: 
Type A
Verified by Agency: 
Not verified
Is this a Major Adjudication: