502.405 Assignment of conciliators. 502.406 Opinions.

AUTHORITY: The provisions of this Part 502 issued under secs. 204 (b), 49 Stat. 1987, secs. 3, 4, 12, 80 Stat. 383, secs. 22, 43, 39 Stat. 736, 75 Stat. 766; 46 U.S.C. 1114(b), 5 U.S.C. 552, 553, 559, 46 U.S.C. 820, 841a, unless otherwise noted.

SOURCE: The provisions of subparts A to R contained in General Order 16, 30 F.R. 13604, Oct. 26, 1965, as amended by Amdt. 10, 37 F.R. 19135, Sept. 19, 1972, unless otherwise noted.

The provisions of Subparts S and T (including Appendixes A and B) contained in General Order 16, 32 F.R. 7455, May 19, 1967, as amended by Amdt. 10, 37 F.R. 19135, Sept. 19, 1972, unless otherwise noted.

The provisions of Subpart U contained in General Order 16, Amdt. 3, 33 F.R. 11081, Aug. 3, 1968, unless otherwise noted.

Subpart A-General Information (Rule 1)

§ 502.1

Scope of rules in this part.

The rules in this part govern procedure before the Federal Maritime Commission, hereinafter referred to as the "Commission," under the Shipping Act, 1916, Merchant Marine Act, 1920, Intercoastal Shipping Act, 1933, Merchant Marine Act, 1936, Administrative Procedure Act, and related acts, except that Subpart R (Rule 18) of this part does not apply to proceedings subject to sections 7 and 8 of the Administrative Procedure Act, which are to be governed only by Subparts A to Q (Rules 1 to 17) inclusive, of this part. They shall be construed to secure the just, speedy, and inexpensive determination of every proceeding. [Rule 1(a).]

§ 502.2 Mailing address; hours.

Documents required to be filed in, and correspondence relating to, proceedings governed by the rules in this part should be addressed to "Federal Maritime Commission, Washington, D.C., 20573." The hours of the Commission are from 8:30 a.m. to 5 p.m., Monday to Friday, inclusive, unless otherwise provided by statute or executive order. [Rule 1(b).] [G.O. 16, 30 FR. 18604, Oct. 26, 1965, amended by Amdt. 8, 35 F.R. 6751, Apr. 29, 1970]

§ 502.3 Compliance with rules or orders of Commission.

Persons named in a rule or order shall notify the Commission during business hours on or before the day on which such rule or order becomes effective whether they have complied therewith, and if so, the manner in which compliance has been made. If a change in rates is required, the notification shall specify the tariffs which effect the changes. [Rule 1(c).]

§ 502.4 Authentication of rules or orders of the Commission.

All rules or orders issued by the Commission, in any proceeding covered by the rules in this part shall, unless otherwise specifically provided, be signed and authenticated by seal by the Secretary of the Commission in the name of the Commission. [Rule 1(d).]

§ 502.7 Documents in foreign languages. Every document, exhibit, or other paper written in a language other than English and filed with the Commission or offered in evidence in any proceeding before the Commission under the rules in this part or in response to any rule or order of the Commission pursuant to the rules in this part, shall be filled or offered in the language in which it is written and shall be accompanied by an English translation thereof duly verified under oath to be an accurate translation. [Rule 1(g).]

§ 502.8 Denial of applications and notice thereof.

Except in affirming a prior denial or where the denial is self-explanatory, prompt written notice will be given of the denial in whole or in part of any written application, petition, or other request made in connection with any proceeding under the rules in this part, such notice to be accompanied by a simple statement of procedural or other grounds for the denial, and of any other or further administrative remedies or recourse applicant may have where the denial is based on procedural grounds. [Rule 1(h).] § 502.9 Suspension, amendment, etc., of rules in this part.

The rules 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. [Rule 1(1).]

§ 502.10 Waiver of rules in this part.

Except to the extent that such waiver would be inconsistent with any statute, any of the rules in this part, except § 502.153 (Rule 10(m)), may be waived by the Commission or the presiding officer in any particular case to prevent undue hardship, manifest injustice, or if the expeditious conduct of business so requires. [Rule 1(j).]

Subpart B-Appearances and Practice Before the Commission (Rule 2) § 502.21 Appearance.

(a) Parties. A party may appear 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 rules in this part. Any party or his representative may testify, produce and examine witnesses, and be heard upon brief and at oral argument if oral argument is granted.

(b) Persons not parties. One who appears in person before the Commission or a representative thereof, either by compulsion from, or request or permission of the Commission, shall be accorded the right to be accompanied, represented, and advised by counsel. [Rule 2(a).] § 502.22_Authority for representation.

Any individual acting in a representative capacity in any proceeding before the Commission may be required to show his authority to act in such capacity [Rule 2(b).]

§ 502.23 Notice of appearance; written appearance; substitutions.

(a) Within twenty (20) days after service of an order or complaint instituting a proceeding, complainants, respondents, and/or petitioners named therein shall notify the Commission of the name(s) and address(es) of the person or persons who will represent them in the pending proceeding. Each person who appears at a hearing shall deliver a written notice of appearance to the reporter, stating for whom the appearance is made. All appearances shall be noted in the record. Petitions to Intervene shall indicate the name(s) and address(es) of the person or persons who will represent the intervener in the pending proceeding if the Petition to Intervene is granted. If an attorney or other representative of record is superseded, there shall be filed a stipulation of substi

tution signed both by the attorney(s) or representative(s) and by the party, or a written notice from the client to the Commission.

(b) A form of Notice of Appearance is set forth in Appendix II(6) of the rules in this part. This form also contains a request and authorization for counsel to be notified immediately of the service of decisions of the presiding officer and the Commission by collect telephone call or telegram. Copies of this form may be obtained from the Office of the Secretary. [Rule 2(c).]

[G.O. 16, Amdt. 2, 33 F.R. 9401, June 27, 1968] § 502.24 Practice before the Commission defined.

Practice before the Commission shall be deemed to comprehend all matters connected with the presentation of any matter to the Commission, including the preparation and filing of necessary documents, and correspondence with and communications to the Commission. The term "Commission” as used herein includes any division, office, branch, section. unit, or field office of the Federal Maritime Commission and any officer or employee of such division, office, branch, section, unit, or field office. [Rule 2(d).] § 502.25 Presiding officer defined.

"Presiding officer" means and shall include (a) any one or more of the members of the Commission (not including the Commission when sitting as such), (b) one or more Administrative Law Judges or (c) one or more officers authorized by the Commission to conduct nonadjudicatory proceedings when duly designated to preside at such proceedings. [Rule 2(e).]

§ 502.26 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 Commission. An attorney's own representation that he is such in good standing before any of the courts herein referred to will be sufficient proof thereof, if made in writing and filed with the Secretary. [Rule 2(f).] § 502.27

Persons not attorneys at law.

Any person who is not an attorney at law may be admitted to practice before the Commission if he is a citizen of the United States and files proof to the satisfaction of the Commission that he pos

sesses the necessary legal, technical, or other qualifications to enable him to render valuable service before the Commission and is otherwise competent to advise and assist in the presentation of matters before the Commission. Applications by persons not attorneys at law for admission to practice before the Commission shall be made on the forms prescribed therefor, which may be obtained from the Secretary of the Commission, and shall be addressed to the Federal Maritime Commission, Washington, D.C., 20573. No person who is not an attorney at law and whose application has not been approved shall be permitted to practice before the Commission. This provision and the provisions of §§ 502.28 (Rule 2(h)), 502.29 (Rule 2(1)), and 502.30 (Rule 2(j)), shall not apply, however, to any person who appears before the Commission on his own behalf or on behalf of any corporation, partnership, or association of which he is a partner, officer, or regular employee. [Rule 2(g).]

§ 502.28 Firms and corporations.

Practice before the Commission by firms or corporations on behalf of others shall not be permitted. [Rule 2(h).] § 502.29 Hearings.

The Commission in its discretion may call upon the applicant for a full statement of the nature and extent of his qualifications. If the Commission is not satisfied as to the sufficiency of the applicant's qualifications, it will so notify him by registered mail, whereupon he shall be granted a hearing upon request for the purpose of showing his qualifications. If he presents to the Commission no request for such hearing within twenty (20) days after receiving the notification above referred to, his application shall be acted upon without further notice. [Rule 2(1).]

§ 502.30 Suspension or disbarment.

The Commission may, deny admission to, suspend, or disbar any person from practice before the Commission who it finds does not possess the requisite qualifications to represent others or is lacking in character, integrity, or proper professional conduct. Any person who has been admitted to practice before the Commission may be disbarred from such practice only after he is afforded an opportunity to be heard. [Rule 2().]