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Subpart 1 Summary Disposition (Rule 9) Sec. Sec.

201.148 Corrections of transcript. 201.91 Filing of motions, answers.

201.149 Copies of data or evidence. 201.92 Ruling on motion.

201.150 Record for decision. 201.93 Review of ruling, appeal.

201.161 Objections to public disclosure of

information. Subpart 1-Prehearing Conference; Settlements; Procedural Agreements (Rule 10)

Subpart P-Briefs; Requests for Findings, 201.101 Prehearing conference.

Decisions, Exceptions (Rule 16) 201.102 Prehearing rulings.

201.155 Briefs; requests for findings. 201.103 Opportunity for agreement of

201.156 Requests for extension of time for parties and settlement of case.

filling briefs. Subpart K-Discovery and Depositions 201.167 Reopening of a case by presiding (Rule 11)

officer prior to decision. 201.109 Discovery and production of docu- 201.158 Decisions; authority to make and ments.

kinds. 201.110 Depositions: request for orders to 201.159 Decisions; contents and service. take; time of filing.

201.160 Decision based on official notice. 201.111 Contents of order.

201.161 Exceptions to, and review by tho 201.112 Record of examination; oath; ob

Administration of initial or recJections.

ommended decisions. 201.113 Submission to witness, changes,

201.162 Replies to exceptions. signing. 201.114 Certification and Aling by oficer;

201.163 Request for extension of time for

filing exceptions and replies copies.

thereto. 201.115 Waiver of objections and admissibility.

201.164 Certification of record by presid. 201.116 Time of filing.

ing officer. 201.117 Inclusion in record.

Subpart Q-Oral Argument; Submittal for 201.118 Witness fees; expenses of taking

Final Decision (Rule 17) depositions.

201.166 Oral argument. Subpart 1 Subpoenas (Rule 12)

201.167 Submission to Administration for 201.121 Application for subpoena ad testi

final decision. ficandum. 201.122 Application for subpoena duces Subpart R-Stay of Administration's Decision; tecum.

Reopening of Proceedings (Rule 18) 201.123 Standards for issuance of subpoena

201.171 duces tecum.

Stay of Administration's decision.

201.172 201.124 Service and quashing of subpoenas.

Time for filing petition to reopen. 201.125 Attendance and mileage fees.

201.173 Reopening by Administration and 201.126 Service of subpoenas.

modification or setting aside of

decision. 201.127 Subpoena of Administration employees, documents, or things.

201.174 Petition for reopening.

201.175 Answers to petition to reopen. Subport M-Hearing Procedures (Rule 13) 201.131 Presentation of evidence.

Subpart S-Judicial Standards of Practice 201.132 Conduct of the hearing.

(Rule 19) 201.133 Appeal from ruling of presiding

201.181 General matters. officer.

201.182 Improper pressures. 201.134 Separation of functions.

201.183 Ex parte communications. Subpart N-Evidence (Rule 14) 201.136 Evidence admissible.

Subpart T-Effective Date (Rule 201 201.137 Rights of parties as to presentation 201.185 Effective date and applicability of of evidence.

rules. 201.138 Unsponsored written material, 201.139 Documents containing matter both

Subpart U-Charges for Orders, Notices, material and not material.

Rulings, Decisions 201.140 Records in other proceedings.

201.186 Charges for documents. 201.141 Stipulations.

AUTHORITY: The provisions of this part 201.142 Further evidence required by pre

201 issued under sec. 204, 49 Stat. 1987, as siding officer during hearing.

amended; 46 U.S.C. 1114; Reorganization 201.143 Exceptions to rulings of presiding officer unnecessary.

Plan No. 7 of 1961, 26 F.R. 7315; Department 201.144 Offer of proof.

of Commerce Order No. 117 (Rev.). Subpart 0-The Record: Contents; Development;

SOURCE: The provisions of this part 201 Perfection; Confidential Treatment (Rule 15) contained in General Order 41, 3d Rev., 29 201.146 Receipt of documents after hearing.

F.R. 14475, Oct. 22, 1964; 29 F.R. 15374, Nov. 201.147 Official transcript.

17, 1964, unless otherwise noted.

Subpart A-General Information spected and copied in the Docket Section (Rule 1)

of the Office of Hearing Examiners.

(b) Subject to the provisions of law 8 201.1 Scope of rules.

restricting public disclosure of informaThe regulations in this part govern

tion, all other files and records may be practice and procedure before the Mari. inspected and copied in the discretion of time Administration and the Maritime

the Administration upon written request Subsidy Board (as described in Depart- to the Secretary describing in detail the ment oi Commerce Order No. 117, Rev.), documents of which inspection is desired hereinafter referred to collectively as the and setting forth the reasons therefor. "Administration”, under the Merchant (c) Orders, rules, rulings, opinions, deMarine Act, 1920, as amended, Merchant

terminations, and decisions (initial, recAct, 1936, as amended, Merchant Ship

ommended, tentative, and final), may be Sales Act, 1946, Administrative Proce- inspected at the Washington Office of the dure Act, and related Acts, except as

Administration, may be provided otherwise by the Ad- (d) Copies of documents which may be ministration. They shall be construed inspected subject to the provisions of this to secure the just, speedy, and inexpen

section will be prepared and certified by sive determination of every proceeding

the Secretary under the seal of the Adwith full protection for the rights of all

ministration if written request is made parties therein.

specifying the exact documents, the

number of copies desired, and the date & 201.2 Mailing address; hours.

on which the same will be required. Such Documents required to be filed in, and request shall permit a reasonable time correspondence relating to, proceedings for the preparation of copies. The cost governed by the regulations in this part of preparing copies shall be paid by the should be addressed to "Secretary, Mari- person making the request. Volumes of time Administration, Washington, D.C.,

Maritime Administration reports may be 20235”. The principal office of the Ad- purchased from the Superintendent of ministration, located at 441 G Street Documents, Government Printing Office, NW., Washington, D.C. 20235, is open Washington, D.C., 20402. Copies of infrom 8:30 a.m. to 5:00 p.m. eastern dividual decisions may be secured from standard time or eastern daylight saving

the Secretary, Maritime Administration time, whichever is currently effective in upon request, or may be examined in Washington, Monday to Friday, inclusive,

the regional offices of the Maritime Adunless otherwise provided by Federal

ministration. statute or executive order.

§ 201.5 Searching, copying, and certifi. & 201.3 Authentication of rules, orders,

cation of records; fees therefor. determinations and decisions of the (a) Upon written request directed to Administration.

and within the discretion of the AdminisAll rules, orders, determinations or

tration, there are available, with respect decisions issued in any proceeding cov

to documents subject to inspection as ered by the regulations in this part shall,

provided in $ 201.4, services as follows: unless otherwise specifically provided by

(1) Searching files and records; the Administration, be signed and au

(2) Copying records and documents;

and thenticated by seal by the Secretary of the Administration in the name of the

(3) Certifying of copies of documents.

(b) Fees for services set forth in paraAdministration.

graph (a) of this section are as follows: 8 201.4 Inspection of records.

(1) Certification and validation of The files and records of the Adminis- each document with Maritime Subsidy tration except those held by the Admin- Board or Maritime Administration seal, istration for good cause to be confiden- $1, without either seal, 25 cents. tial, shall be open for inspection and (2) Searching files and records, except copying as follows:

as provided in subparagraph (5) of this (a) All pleadings, motions, deposi- paragraph, $1.50 per half hour or fractions, correspondence, exhibits, tran- tion thereof. scripts of testimony, exceptions, briefs, (3) Copying records and documents, and decisions in any formal proceeding except as provided in subparagraph (5) before the Administration may be in- of this paragraph.

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(4) General: (i) If copy is to be transmitted to the applicant by registered, air, or special delivery mail, the postal fees will be added to the fees for copying (or the request must include postage stamps or stamped return envelopes).

(ii) The cost of special handling or packaging shall also be included in the total fee charged.

(iii) Minimum charge, 50 cents.

(5) Medical records of merchant seamen, including packaging and postage: Searching-

$5.00 Abstracting

3. 00 Since the changes herein reflect minor adjustments of fee items pursuant to current review, it is deemed impracticable to delay the effective date hereof; therefore, in accordance with the provisions of section 4, Administrative Procedure Act (5 U.S.C. 1003), the foregoing shall be effective as of the date of publication in the FEDERAL REGISTER. (G.O. 41, 3d Rev., Amdt. 2, 31 F.R. 9867, July 21, 1966) S 201.6 Documents in foreign lan

guages. Every document, exhibit, or other paper written in a language other than English and filed with the Administration or offered in evidence in any proceeding before the Administration under the regulations in this part or in response to any rule or order of the Administration pursuant to the regulations in this part, shall be filed or offered in the language in which it is written and shall be accompanied by an English translation thereof duly subscribed.

$ 2017 Information; special instruc

tions. Information as to procedure under the regulations in this part, and instructions supplementing the regulations in this part in special instances, will be furnished upon application to the Secretary of the Administration. 8 201.8 Use of gender and number.

Words importing the singular number may extend and be applied to several persons or things; words importing the plural number may include the singular; and words importing the masculine gender may be applied to females. 8 201.9 Suspension, amendment, etc., of

rules. The regulations in this part may, from time to time, be suspended, amended, or revoked, in whole or in part. Notice of any such action will be published in the FEDERAL REGISTER. Also, any regulation in this part may be waived by the Administration or the Presiding Officer to prevent undue hardship in any particular case. Subpart B-Appearance and Prac

tice Before the Administration

(Rule 2) 8 201.15 Appearance in person or by

representative. A party may appeal in person or by an officer, partner, or regular employee of the party, or by or with counsel or other duly qualified representative, in any proceeding under the regulations in this part. A party may offer testimony, produce and examine witnesses, and be heard upon brief and at oral argument if oral argument is granted. Any person compelled to appear in a proceeding pursuant to subpoena may be accompanied, represented, and advised by counsel and may purchase a transcript of his testimony. $ 201.16 Authority for representation.

Any individual acting in a representative capacity in any proceeding before the Administration may be required by the Administration or the Presiding Officer to show his authority to act in such capacity. & 201.17

Written appearance. Persons who appear at any hearing shall deliver a written notation of appearance to the reporter, stating for whom the appearance is made. The written appearance shall be made a part of the record. § 201.18 Practice before the Administra

tion defined. Practice before the Administration shall be deemed to comprehend all matters connected with any presentation to the Administration or its staff. & 201.19 Presiding officers.

Hearings on any matter before the Administration will be held by a duly designated Member or Members thereof, or a Hearing Examiner qualified under section 11 of the Administrative Procedure Act, assigned by the Chief Hearing Examiner, who shall be designated as the Presiding Oficers. Where appropriate the Administration may designate other members of the staff to serve as Presiding Officers in hearings not required by statute, as provided in 201.86. & 201.20 Attorneys at law.

Attorneys at law who are admitted to practice before the Federal courts or before the courts of any State or territory of the United States may practice before the Administration. An attorney's own representation that he is such in good standing before any of the courts herein referred to will be sufficient prooi thereof. & 201.21 Persons not attorneys at law.

Any person who is not an attorney at law may be admitted to practice before the Administration if he is a citizen of the United States and files proof to the satisfaction of the Administration that he possesses the necessary legal, technical, or other qualifications to enable him to render valuable service before the Administration and is otherwise competent to advise and assist in the presentation of matters before the Administration. Applications by persons not attorneys at law for admission to practice before the Administration shall be made on the forms prescribed therefor, which may be obtained from the Secretary of the Administration, Washington, D.C., 20235. No person who is not an attorney at law and whose application has not been approved shall be permitted to practice before the Administration. However, this provision and the provisions of $8 201.22, 201.23, and

201.24 shall not apply to any person who appears before the Administration on his own behalf or on behalf of any corporation, partnership, or association of which he is a partner, oficer, or regular employee. 8 201.22 Firms and corporations.

Except as regards law firms, practice before the Administration by firms or corporations on behalf of others shall not be permitted. & 201.23 Hearings.

The Administration in its discretion may call upon a nonattorney applicant for a full statement of the nature and extent of his qualifications. I the Administration is not satisfied as to the sufficiency of the applicant's qualifications it will so notify him by registered mail, whereupon he may request a hearing for the purpose of showing his qualifications. If he presents to the Administration no request for such hearing within 20 days after receiving the notification above referred to, his application shall be acted upon without further notice. & 201.24 Suspension or disbarment.

The Administration may, in its discretion, deny admission to, suspend, or disbar any person from practice before the Administration who it finds does not possess the requisite qualifications to represent others or is lacking in character, integrity, or to have engaged in unethical or improper professional conduct. Disrespectful, disorderly, or contumacious language or contemptuous conduct at any hearing before the Administration or a presiding officer shall constitute grounds for immediate exclusion from said hearing by the Presiding Officer. Any person who has been admitted to practice before the Administration may be disbarred from such practice only after he has been afforded an opportunity to be heard. 8 201.25 Statement of interest.

The Administration, in its discretion, may call upon any practitioner for a full statement of the nature and extent of his interest in the subject matter presented by him before the Administration. Attorneys retained on a contingent fee basis shall file with the Administration a copy of the contract of

employment. Practitioners subject to
section 807 of the Merchant Marine Act
of 1936, as amended, shall comply fully
with the requirements of 46 CFR
$ 222.1 (22 F.R. 1087).
201.26 Former employees.

(a) No former officer or employee of
the Administration shall practice, ap-
pear, or represent anyone directly or in-
directly, other than the United States be-
fore the Administration in any matter
within a period of one year subsequent to
the termination of his or her employ-
ment with the Administration.

(b) No person shall practice, appear,
or represent anyone other than the
United States before the Administration,
directly or indirectly, in any matter in
which he participated personally and
substantially as an officer or employee
of the Administration or the predecessor
agencies or of the United States through
decision, approval, disapproval, recom-
mendation, the rendering of advice, in-
vestigation, or otherwise, while so em-
ployed; and

(c) No person shall practice, appear,
or represent anyone directly or indirect-
ly, other than the United States before
the Administration in any matter which
was under his official responsibility as an
oficer or employee of the Administra-
tion or of the United States at any time
within a period of two years prior to the
termination of such responsibility.

(d) Any person in doubt as to the ap-
plicability of this $ 201.26 to a particular
case may address to the Administration
an application for consent to appear,
stating his former connection with the
Administration or predecessor agency,
identifying the matter in which he de-
sires to appear, and describing in detail
his participation in or responsibility for
such matter if any, while an officer or
employee of the Administration or its
predecessor agency or of the United

(e) No one entitled to practice before
this Administration shall in connection
with any matter before the Administra-
tion knowingly give assistance to, ac-
cept assistance from, or share fees with
any person not entitled under this
$ 201.26 to appear before the Adminis-
tration in connection with such matter.

Subpart C-Parties (Rule 3)
8 201.30 Parties; how designated.

The term "party", whenever used in
these Rules, shall include any natural

person, corporation, association, firm,
partnership, trustee, receiver, agency,
public or private organization, or gov-
ernmental agency. A party requesting
oficial action subject to these Rules shall
be designated as "applicant". A party
whose petition for leave to intervene is
granted pursuant to $201.78 shall be
designated as "intervenor". Only &
party as designated in this section may
introduce evidence or examine witnesses
at hearings.
$ 201.31 Public counsel.

The Assistant General Counsel, Chief,
Division of Operating Subsidy Contracts,
shall be a party to all proceedings in-
volving operating-differential subsidy
contracts. The Assistant General Coun-
sel and his representatives shall be des-
ignated as Public Counsel and shall be
served with copies of all papers, plead-
ings, and documents in such proceed-
ings. In addition the General Counsel
may designate any member of his stai
to serve as Staff Counsel in contract ap-
peal cases or any other proceeding gov-
erned by the regulations in this part.
Public Counsel or Staff Counsel shall
participate in any proceeding to which
he is a party, to the extent he deems
required in the public interest, subject
to the separation of functions required
by section 5(c) of the Administrative
Procedure Act.
& 201.32 Substitution of parties.

Upon petition and for good cause
shown, the Administration may order &
substitution of parties; except that in
case of death of a party substitution may
be ordered upon suggestion and without
the filing of a petition.
Subpart D-Form, Execution and

Service of Documents (Rule 4)
$ 201.41 Form and appearance of docu-

ments filed with the Administration.
All papers to be filed under the regu-
lations in this part may be reproduced
by printing or by any other process,
provided the copies are clear and legi-
ble; shall be dated, the original signed
in ink, and shall show the docket de-
scription and title of the proceeding,
and the title, if any, and address of the
signatory. If typewritten, the impres-
sion shall be on only one side of the
paper and shall be double spaced, ex-
cept that quotations shall be single
spaced and indented. Documents not

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