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printed, except correspondence and ex-
(b) Documents submitted pursuant
Service by parties.
Such service shall be made by de-
The date of service of documents shall
The original of every document filed
ing shall be accompanied by a certificate
I hereby certify that I have this day served
Subpart E-Time (Rule 5)
In computing any period of time un-
Applications for postponement of any hearing date may be granted upon & showing of good cause on the part of the applicant. Answers to such applications are permitted.
Subpart F--Rule Making (Rule 6) & 201.61 Petition for issuance, amend
ment, or repeal of rule or regulation. Any interested person may file with the Administration a petition for the issuance, amendment, or repeal of a rule designed to implement, interpret, or prescribe law, policy, organization, procedure, or practice requirements of the Administration. The petition shall set forth the interest of petitioner and the nature of the relief desired, shall include any facts, views, arguments, and data deemed relevant by petitioner, and shall be subscribed to. If such petition is for the amendment or repeal of a rule, it shall be accompanied by proof of service on all persons, if any, specifically named in such rule, and shall conform in all other aspects to Subpart D of this part. Answers to such petition shall conform to the requirements of Subpart D of this part. $ 201.62 Notice of proposed rule mak
ing. After receipt of petitions and any answers thereto described in $ 201.61, or upon its own initiative, the Administration may, in its discretion, direct that notice thereof be published in the FEDERAL REGISTER unless all persons subject thereto are named and either are personally served or otherwise have actual notice thereof in accordance with law. Except where publication of notice of proposed rule making and public hearing is required by statute, this section shall not apply to interpretative rules, general statements of policy, organization rules, rules of procedure, or practice of the Administration, or amendments thereto, or any situation in which the Administration for good cause finds that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest. & 201.63 Participation in rule making.
Interested persons will be afforded an opportunity to participate in rule making
through submission of written data, views, or arguments, with or without opportunity to present the same orally in any manner: Provided, That where the proposed rules are such as are required by statute to be made on the record after opportunity for a hearing. or where a hearing is ordered by the Administration upon petition of any party or upon its own initiative, such hearing shall be conducted pursuant to sections 7 and 8 of the Administrative Procedure Act. & 201.64 Contents of rules.
The Administration will incorporate in any rules to be adopted a concise general statement of their basis and purpose. $ 201.65 Effective date of rules.
The publication or service of any substantive rule shall be made not less than 30 days prior to its effective date except (a) as otherwise provided by the Administration for good cause found and published in the FEDERAL REGISTER or (b) in the case of rules granting or recognizing exemption or relieving restriction, interpretative rules, and statements of policy. Subpart G-Formal Proceedings, No
tice, Pleadings, Replies (Rule 7) & 201.71 Commencement of proceed
ings. Formal proceedings may be commenced with respect to any phase of an application for Government aid or other relief, the processing of which by statute requires a public hearing. The Administration may, in its discretion, also direct the holding of a hearing not required by statute for any purpose authorized in the statutes it administers. 8 201.72 Notice.
Notice of any matter which may result in or involves the institution of a formal proceeding will be given by publication in the FEDERAL REGISTER in sufficient detail and in sufficient time to apprise interested persons of the nature of the issues to be heard and to allow for an opportunity to file petitions for leave to intervene. $201.73 Joinder of proceedings.
(a) Two or more matters which have been set for hearing by the Administration, and which involve similar issues, may be consolidated for the purpose of hearing. Such consolidation may, at the
discretion of the Administration, or Pre- discretion of the Administration if the siding Officer after hearing has been case has not been assigned for hearing, ordered, be ordered upon petition of any otherwise in the discretion of the Presidparty to said hearing or upon the initia- ing Officer designated to conduct the tive of the Administration.
hearing; Provided, That after a prehear(b) A petition to consolidate shall be ing conference has been heid no amendfiled not later than the first prehearing ment shall be allowed which would subconference in the proceeding with which stantially broaden the issues, unless consolidation is requested, and shall re- an opportunity is afforded all parties to late only to then pending applications. answer such amended pleadings and to If made at such conference, the petition prepare for hearing upon the broadened may be oral. A petition which is not issues. The Presiding Officer may direct timely filed shall be dismissed unless the a party to state its case more fully and petitioner shall clearly show good cause in more detail by way of amendment. If for the failure to file said petition on a response to an amended pleading is time. A petition which does not relate necessary, it may be filed and served. to an application pending at the time of Amendments or supplements allowed or before a prehearing conference in a prior to hearing will be served in the proceeding with which consolidation is same manner as the original pleading. requested, shall likewise be dismissed un- Whenever by the regulations in this part less the petitioner shall clearly show good a pleading is required to be subscribed, cause for a failure to file the application the amendment or supplement shall also within the prescribed period.
be subscribed. & 201.74 Declaratory orders.
§ 201.78 Petition for leave to intervene. The Administration may issue a de- A petition for leave to intervene may claratory order to terminate a proceeding be filed in any proceeding before the or to remove uncertainty. Petitions for Administration. The petition will be the issuance thereof shall state clearly granted by the presiding officer if the and concisely the nature of the contro- proposed intervenor establishes that it versy or uncertainty, shall cite the statu- has a substantial interest in the proceedtory authority involved, shall include a
ing and will not unduly broaden the iscomplete statement of the facts and sues therein or unduly delay the progrounds supporting the petition, together ceeding. All such petitions shall be with a full disclosure of petitioner's in- filed prior to the opening of the prehearterest.
ing conference, or if none is held, before $ 201.75 Petitions—general.
the commencement of hearing, unless
petitioner shows good cause for allowing All petitions shall be written and shall
the petition at a later time. Intervenstate the Petitioner's grounds of interest
tion petitions shall be served in the same in the subject matter, the facts relied
manner as other petitions, and shall be upon, and the relief sought, and shall cite
subject to answer. Intervention petithe authority upon which the petition
tions will be granted where necessary to rests. The petition shall be served upon
protect substantial interests of the petiall parties named therein or affected
tioner and where intervention will not thereby. Answers to petitions may be materially broaden the issues. A person filed.
granted permission to intervene becomes $ 201.76 Applications for Government
a party to the proceeding. aid.
& 201.79 Motions. Applications for operating-differential All motions and requests for rulings subsidies, charter of Government-owned shall state the relief sought, the authorvessels, and other types of Government ity relied upon, and the facts alleged. aid shall conform to the requirements set If made before or after the hearing, forth in the various general orders and such motions shall be in writing. If other regulations of the Administration made at the hearing, they may be stated specifically provided therefor.
orally: Provided, however, That the pre
siding officer may require that such mo& 201.77 Amendments or supplements
tion be reduced to writing and filed and to pleadings.
served in the same manner as a formal Amendments or supplements to any motion. Answers to formal motions pleading will be allowed or refused in the shall comply with the requirements of 8 201.80. Motions and answers thereto tions to be taken; rule upon proposed shall be addressed to the presiding offi- amendments or supplements to pleadcer if the case is pending before such ings; hold conferences for the settlement officer. Oral argument upon a written or simplification of matters embraced in motion in which an answer has been filed the proceedings; regulate the course of may be granted within the discretion of the hearing; prescribe the order in which the Administration or the presiding offi- evidence shall be presented; dispose of cer, as the case may be. A repetitious procedural requests or similar matters; motion will not be entertained.
hear and initially rule upon all motions & 201.80 Answers to applications, peti
and petitions before him; administer tions, or motions.
oaths and affirmations; examine wit
nesses, direct witnesses to testify or proA pleading filed in response to an ap- duce available evidence and to submit plication, petition, or motion is called
reports, studies and analyses of data an answer. An answer may be filed to available to them which may be generally any application, petition, motion
relevant and material to the determinapleading which is required to be served
tion of any questions of fact in issue; on the answering party or noticed in the
rule upon offers of proof and receive FEDERAL REGISTER. An answer to a writ
competent, relevant, material, reliable, ten application, petition, or motion shall
and probative evidence; exclude irrelebe in writing and shall be filed within
vant, immaterial, unreliable, repetitious ten days after service of the pleading
or cumulative evidence; exclude crosswhich it answers. Any new matter
examination which is primarily intended raised in an answer shall be deemed to
to elicit self-serving declarations in favor be controverted. A response to an an. of the witness; and limit cross-examinaswer is called a reply. A short reply re
tion to interrogatories which are required stricted to such new matters may be filed for a full and true disclosure of the facts within five days of service of the answer. in issue; act upon petitions to intervene; Subpart H_Responsibilities and act upon submission of facts, or arguDuties of Presiding Officer (Rule 8)
ment; initially consider offers of settle
ment or other proposals of adjustment 8 201.85 Commencement of functions upon which recommendations to the Adof Office of Hearing Examiners.
ministration may be made; hear oral In proceedings handled by the Office
argument at the close of testimony; fix of Hearing Examiners, its functions shall
the time for filing briefs, motions and attach upon notice of the institution of
other documents to be filed in connection a formal proceeding involving a prehear
with hearings and replies thereto; and ing conference and/or a hearing by the
issue the initial or recommended deciAdministration.
sions and dispose of any other pertinent
matter that normally and properly arises 8 201.86 Presiding officer.
in the course of proceedings. When the A Hearing Examiner of the Office of presiding officer is unavailable for any Hearing Examiners of the Administra- reason, and the exercise of any of his tion will be designated by the Chief powers and functions, as described hereHearing Examiner to preside at hearings in, is due, timely, and necessary, the required by statute, or directed to be held Chief Hearing Examiner may exercise under the Administration's discretionary
such powers and functions until the preauthority, in rotation so far as prac
siding oficer becomes available or until ticable, unless the Administration shall his successor is designated. designate one or more Members thereof
$ 201.88 Postponement or change of to serve as presiding officers or members
place by presiding officer. of the staff in proceedings not required by statute.
If, in the judgment of the presiding
officer, convenience or necessity so re& 201.87 Authority of presiding officer.
quires he may postpone the time or The officer designated to hear a case change the place of hearing. shall have authority to arrange and issue notice of the date, time and place of
$ 201.89 Disqualification of presiding
officer. hearings; under appropriate circumstances consolidate dockets for joint Any presiding officer may at any time hearing; sign and issue subpoenas au- withdraw if he deems himself disqualithorized by law; take or cause deposi- fied, in which case another presiding offi
cer will be designated. If a party to a proceeding, or his representative, fles in good faith a timely and suficient afidavit of personal bias or disqualification of a presiding officer, the Administration will determine the matter as a part of the record and decision in the case. Subpart -Summary Disposition
(Rule 9) $ 201,91 Filing of motions, answers.
Any party or (if a petition to intervene shall have been filed but not have been acted upon) any prospective party may at or before the first prehearing conference in any proceeding, or at such later time as might be allowed by the presiding officer, move with supporting afidavits for a summary disposition in his favor of all or any part of the proceeding. Any adverse party may within 20 days serve opposing affidavits or may countermove for summary disposition. Oral argument thereon may be granted in the discretion of the presiding oficer. $ 201.92 Ruling on motion.
The presiding officer may grant such motion if the application, motion, or other pleadings, affidavits or depositions, if any, and matters of official notice show that there is no genuine issue as to any material facts, that there is no necessity that further facts be developed in the record, and that such party is entitled to a decision as a matter of law. & 201.93 Review of ruling, appeal.
The order of the presiding officer denying a motion for summary disposition shall be subject to interlocutory appeal under the provisions of $ 201.123. An order granting a motion for summary disposition is automatically reviewable by the Administration in accordance with the provisions of g 201.133 and shall not be final until acted upon by the Administration. Subpart 1-Prehearing Conference;
Settlements; Procedural Agreements
(Rule 10) g 201.101 Prehearing conference.
Prior to any hearing a prehearing conference may be held before the presiding officer. Written notice of a prehearing conference shall be transmitted by the Secretary of the Administration or the Chief Hearing Examiner to all parties of record including persons whose
petitions for leave to intervene in the proceeding have not theretofore been granted, and where practicable, by general release to the public press.
(a) At the prehearing conference the following matters, among others, shall be considered: (1) Petitions for leave to intervene; (2) motions for consolidation or severance of dockets for joint or separate hearing to the extent that the Administration has not theretofore taken specific action; (3) simplification and delineation of the issues to be heard; (4) designation of matters in respect of which oficial notice may be taken; (5) requests for discovery and production of evidence considered to be generally relevant and material to the issues in the proceeding; (6) stipulations; (7) limitation of number of witnesses, particularly the avoidance of duplicate expert witnesses; (8) procedure applicable to the proceeding; (9) offers of settlement, as hereinafter to be more particularly discussed in $ 201.103; and (10) scheduling of the dates for exchange of exhibits, written testimony both affirmative and rebuttal and establishing the date, time and place for hearing.
(b) If deemed necessary or appropriate, the presiding officer may also, on his own motion, or on motion of Public Counsel direct any party to a proceeding to prepare and submit exhibits setting forth studies, forecasts, or estimates on matters relevant and material to the issues in the proceeding to be sponsored by witnesses available for cross-examination thereon. & 201.102 Prehearing rulings.
The presiding officer will, where practicable, issue prehearing rulings, acting on petitions for leave to intervene, delineating the issues, summarizing the rulings made at the conference, specifying a schedule for the exchange of exhibits and written testimony, the date, time and place of hearing and specifying a time for the filing of exceptions to the rulings. The prehearing rulings shall be served upon all parties to the proceeding and any persons who participated in the conference. Exceptions to the prehearing rulings may be filed by any such party or person within the time specified therein. The presiding officer may serve amended rulings in the light of the exceptions presented. Such rulings and amendments, if any, shall constitute the official account of the conference and shall control the subsequent course of the