has been granted. If the petition is filed later than 30 days after the date of publication in the FEDERAL REGISTER of the Commission's order instituting the proceeding or notice of complaint filed, petitioner will be deemed to have waived his right to utilize such procedures unless good cause is shown for the failure to file the petition within the 30-day period; provided, however, the use of Subpart L procedures by an intervener whose petition was filed beyond the 30day period described above will in no event be allowed if, in the opinion of the presiding officer, such use will result in delaying the proceeding unduly.

(c) If intervention is granted before or at a prehearing conference convened for the purpose of considering matters relating to discovery, the intervener's discovery matters may also be considered [Rule 5(1)]

[G.O. 16, 30 FR 13604, Oct. 26, 1965, as amended by Amdt. 10, 37 FR 19135, Sept. 19, 1972; Amdt. 12, 39 FR 33223, Sept. 16, 1974] § 502.73 Motions.

An application or request for an order or ruling not otherwise specifically provided for in the rules in this part shall be by motion. After the assignment of a presiding officer to a proceeding and before the issuance of his recommended or initial decision, all motions shall be addressed to and passed upon by the presiding officer. At all other times motions shall be addressed to and passed upon by the Commission. Motions shall be in writing, except that a motion made at a hearing shall be sufficient if stated orally upon the record unless the presiding officer directs that it be reduced to writing. All written motions shall state clearly and concisely the purpose of and the relief sought by the motion, the statutory or principal authority relied upon, and the facts claimed to constitute the grounds requiring the relief requested; and shall conform with the requirements of Subpart H of this part. Oral argument upon a written motion may be permitted at the discretion of the presiding officer or the Commission, as the case may be. A repetitious motion will not be entertained. [Rule 5 (m).]

§ 502.74 Replies to pleadings, motions, applications, etc.

(a) A reply to a reply is not permitted. Except as otherwise provided respecting answers (§ 502.64 (Rule 5(d)), shortened

procedure (Subpart K of this part), briefs (§ 502.221 (Rule 13(a)), exceptions (§ 502.227 (Rule 13(g)), and the documents specified in the next paragraph (b), any party may file a reply to any written motion, pleading, petition, application, etc., permitted under the rules in this part within fifteen (15) days after date of service thereof, unless a shorter period is fixed under § 502.103 (Rule 7(c)).

(b) When time permits, replies also may be filed to protests seeking suspension of tariffs (§ 502.67) (Rule 5(g)), applications for enlargement of time and postponement of hearing (Subpart G of this part), and motions to take depositions (§ 502.201) (Rule 12(a)).

(c) Replies shall be in writing, shall be verified if verification of original pleading is required, shall be so drawn as fully and completely to advise the parties and the Commission as to the nature of the defense, shall admit or deny specifically and in detail each material allegation of the pleading answered, shall state clearly and concisely the facts and matters of law relied upon, and shall conform to the requirements of Subpart H of this part. [Rule 5(n).]

Subpart F-Settlement, Prehearing Procedure (Rule 6)

§ 502.91 Opportunity for informal settlement.

Where time, the nature of the proceeding, and the public interest permit, all interested parties shall have the opportunity for the submission and consideration of facts, argument, offers of settlement, or proposal of adjustment, without prejudice to the rights of the parties; no stipulation, offer, or proposal shall be admissible in evidence over the objection of any party in any hearing on the matter. [Rule 6(a).]

§ 502.92 Special docket applications.

(a) Common carriers by water in foreign commerce, or conferences of carriers may file application for permission to refund a portion of freight charges collected from a shipper or to waive collection of a portion of freight charges from a shipper where it appears that there is an error in a tariff of a clerical or administrative nature or an error due to inadvertence in failing to file a new tariff and that such refund or waiver will not result

in discrimination among shippers. Such application must be filed with the Commission within 180 days from the date of the involved shipment. Prior to application, the applicant must file with the Commission an effective tariff setting forth the rate on which such refund or waiver would be based. All such applications shall be made in accordance with the form prescribed in Appendix II(7)1 and will be considered the equivalent of a complaint and answer thereto admitting the facts complained of. If permission is granted, the Commission will issue an order authorizing refund or waiver. The applicant must agree to publish notice of same in the appropriate tariff and to take such other actions as the Commission may require to give notice of the rate on which the refund or waiver is based. Additional refunds or waivers on other similar shipments will be made in the manner prescribed in the Commission's order.

(b) Common carriers by water in interstate or intercoastal commerce, or conferences of such carriers, may file application for permission to refund a portion of freight charges collected from a shipper or waive collection of a portion of freight charges from a shipper. All such applications shall be filed within the 2-year statutory period referred to in § 502.63 (Rule 5(c)) and shall be made in accordance with the form prescribed in Appendix II(5). Such applications will be considered the equivalent of a complaint and answer thereto admitting the facts complained of. If allowed, an order for payment or waiver will be issued by the Commission.

(c) Applications under paragraphs (a) and (b) of this section shall be filed in an original and three (3) copies with the Office of the Secretary, Federal Maritime Commission, Washington, D.C. 20573. Each application shall be acknowledged with a reference to the assigned docket number and referred to the Office of Administrative Law Judges. The presiding officer may, in his discretion, require the submission of additional information or oral testimony. Formal proceedings as described in other rules of this part need not be conducted. The presiding officer shall issue an initial decision to which

Filed as part of the original document.

the provisions of § 502.227 (Rule 13(g)) shall be applicable. [Rule 6(b).] [G.O. 16, Amdt. 5, 33 F.R. 14412, Sept. 25, 1968]

§ 502.93 Satisfaction of complaint.

If a respondent satisfies a complaint either before its answer thereto is due or after answering, a statement to that effect, setting forth when and how the complaint has been satisfied and signed and verified by the opposing parties shall be filed with the Commission and served upon all parties of record. Such a statement, which may be by letter, shall show the amount of reparation agreed upon; shall contain the data called for by Appendix I(4), insofar as said form is applicable; and shall state that a like adjustment has been or will be made by respondent with other persons similarly situated. Satisfied complaints will be dismissed in the discretion of the Commission. [Rule 6(c).]

[G.O. 16, 30 F.R. 13604, Oct. 26, 1965, as amended at 30 FR. 16007, Dec. 28, 1965]

§ 502.94

Prehearing conference.

(a) (1) Prior to any hearing the Commission or presiding officer may direct all interested parties, by written notice, to attend one or more prehearing conferences for the purpose of considering any settlement under § 502.91 (Rule 6 (a)), formulating the issues in the proceeding and determining other matters to aid in its disposition. In addition to any offers of settlement or proposals of adjustment, there may be considered the following:

(1) Simplification of the issues;

(ii) The necessity or desirability of amendments to the pleadings;

(iii) The possibility of obtaining admission of fact and of documents which will avoid unnecessary proof;

(iv) Limitation on the number of witnesses;

(v) The procedure at the hearing; (vi) The distribution to the parties prior to the hearing of written testimony and exhibits;

(vii) Consolidation of the examination of witnesses by counsel;

(viii) Such other matters as may aid in the disposition of the proceeding.

(2) The presiding officer may require, prior to the hearing, exchange of ex

hibits and any other material which may expedite the hearing. He shall assume the responsibility of accomplishing the purposes of the notice of prehearing conference so far as this may be possible without prejudice to the rights of any party.

(3) The presiding officer shall rule upon all matters presented for his decision, orally upon the record when feasible, or by subsequent ruling in writing. If a party determines that a ruling made orally does not cover fully the issue presented, or is unclear, he may petition for a further ruling thereon within ten (10) days after receipt of the transcript.

(b) In any proceeding under the rules in this part, the presiding officer may call the parties together for an informal conference prior to the taking of testimony, or may recess the hearing for such a conference, with a view to carrying out the purpose of this section. [Rule 6 (d).]

Subpart G-Time (Rule 7)

In computing any period of time under the rules in this part, except § 502.63 (Rule 5(c)), the time begins with the day following the act, event, or default, and includes the last day of the period, unless it is a Saturday, Sunday, or national legal holiday, in which event the period runs until the end of the next day which is not a Saturday, Sunday, or legal holiday. When the period of time prescribed or allowed is less than seven (7) days, intermediate Saturdays, Sundays, and holidays shall be excluded from the computation. [Rule 7(a).]· § 502.102 Enlargement of time to file documents.

Motions for enlargement of time for the filing of any pleading or other document, or in connection with the procedures of Subpart L of this part, shall set forth the reasons for the motion. [Rule 7(f).] Such motions may be granted upon a showing of diligence and good cause on the part of the moving party, except where the time for compliance has been fixed by statute. Such motions shall conform to the requirements of Subpart H of this part, except as to service if they show that the parties have received actual notice of the motion; and in relation to briefs, exceptions, and

replies to exceptions such motions shall conform to the further provisions of §§ 502.222 (Rule 13(b)) and 502.227 (Rule 13(g)). Upon motion made after the expiration of the specified period, the filling may be permitted where reasonable grounds are found for the failure to file. Replies to such motions shall conform to the requirements of § 502.74 (Rule 5(n)). [Rule 7(b).]

[G.O. 16, 30 F.R. 13604, Oct. 26, 1965, as amended by Amdt. 4, 33 F.R. 14409, Sept. 25, 1968]

§ 502.103 Reduction of time to file doc

uments.

Except as otherwise provided by lav and for good cause, the Commission with respect to matters pending beforTMTM it, and the presiding officer, with respect to matters pending before him, may reduce any time limit prescribed in the rules in this part. [Rule 7(c).] § 502.104 Postponement of hearing.

Motions for postponement of any hearing date shall set forth the reasons for the motion, and shall conform to the requirements of Subpart H of this part, except as to service if they show that parties have received such actual notice of motion. Such motions may be granted upon a showing of diligence and good cause on the part of the moving party. Replies to such motions shall conform to the requirements of § 502.74 (Rule 5(n)). [Rule 7(d).]

§ 502.105 Waiver of rules governing enlargements of time and postponements of hearings.

The Commission, the presiding officer, or the Chief Judge may waive the requirements of §§ 502.74 (Rule 5(n)), 502.102 (Rule 7(b)) and 502.104 (Rule 7(d)), as to replies to pleadings, etc., to motions for enlargement of time or motions to postpone a hearing, and may rule ex parte on such requests. [Rule 7(e).]

Subpart H-Form, Execution, and Service of Documents (Rule 8)

dated, the original signed in ink, show the docket description and title of the proceeding, and show the title, if any, and address of the signer. If typewritten, the impression shall be on only one side of the paper and shall be double spaced except that quotations shall be single spaced and indented. Documents not printed, except correspondence and exhibits, should be on strong, durable paper and shall be not more than 82 inches wide and 12 inches long, with a left hand margin 11⁄2 inches wide. Printed documents shall be printed in clear type (never smaller than small pica or 11-point type) adequately leaded, and the paper shall be opaque and unglazed. [Rule 8(a).]

§ 502.112 Subscription and verification of documents.

(a) If a party is represented by an attorney or other person qualified to practice before the Commission under the rules in this part, each pleading, document or other paper of such party filed with the Commission shall be signed by at least one person admitted to practice before the Commission of record in his individual name, whose address shall be stated. Except when otherwise specifically provided by rule or statute, such pleading, document or paper need not be verified or accompanied by affidavit. The signature of a person admitted to practice before the Commission constitutes a certificate by him that he has read the pleading, document or paper; that he is authorized to file it; that to the best of his knowledge, information, and belief there is good ground to support it; and that it is not interposed for delay. For a wilful violation of this section a person admitted to practice before the Commission may be subjected to appropriate disciplinary action.

(b) If a party is not represented by a qualified person, admitted to practice before the Commission, each pleading document, or other paper of such party filed with the Commission shall be signed and verified under oath by the party or by a duly authorized officer or agent of the party, whose address and title shall be stated. The form of verification shall be substantially as set forth in Appendix II(1). Where the signature is that of an officer or agent (unless, in the case of a corporate party, it is signed by the

president or a vice president and attested by the secretary or an assistant secretary under the seal of the corporation) there shall be filled with the Commission an original or certified copy of the power of attorney or other document authorizing the person to sign. [Rule 8(b).] § 502.113 Service by the Commission.

Complaints filed pursuant to § 502.62 (Rule 5(b)), amendments to complaints, and complainant's memoranda filed in shortened procedure cases will be served by the Commission. In addition to and accompanying the original of every document filed with the Commission for service by the Commission, there shall be a sufficient number of copies for use of the Commission (see § 502.118 (Rule 8(h)) and for service on each party to the proceeding. [Rule 8(c).]

§ 502.114 Service by parties.

Except as otherwise specifically provided by the rules in this part, all pleadings, documents, and papers of every kind (except requests for subpenas) in proceedings before the Commission under the rules in this part (other than documents served by the Commission under 502.113 (Rule 8(c)) and documents submitted at a hearing or prehearing conference) shall, when tendered to the Commission or the presiding officer for filing, show that service has been made upon all parties to the proceeding and upon any other persons required by the rules in this part to be served. Such service shall be made by delivering one copy to each party in person or by mail, properly addressed with postage prepaid, and mailed in sufficient time to reach the parties on the date on which the original is due to be filed with the Commission. [Rule 8(d).] § 502.115 Service on attorney or other representative.

When a party has appeared by attorney or other representative, service upon each attorney or other representative of record will be deemed service upon the party: Provided, however, That if two or more attorneys of record are partners or associates of the same firm, only one of them need be served. [Rule 8(e).] § 502.116 Date of service.

The date of service of documents served by the Commission shall be the

The original of every document filed with the Commission and required to be served upon all parties to a proceeding shall be accompanied by a certificate of service signed by the party making service, stating that such service has been made upon each party to the proceeding. Certificates of service may be in substantially the following form:

I hereby certify that I have this day served the foregoing document upon all parties of record in this proceeding by mailing (or by delivering in person), a copy to each such person in sufficient time to reach such person on the date document is due to be filed with the Commission.

Except as otherwise provided in the rules in this part, the original and fifteen (15) copies of every document filed and served in proceedings before the Commission, except exhibits made a part of the record, shall be furnished for the Commission's use. If a certificate of service accompanied the original document, a copy of such certificate shall be attached to each such copy of the document. [Rule 8(h).]

Subpart -Subpenas (Rule 9) § 502.131 Requests; issuance.

Subpenas for the attendance of witnesses or the production of evidence shall be issued upon request of any party, without notice to any other party. Requests for subpenas for the attendance of witnesses may be made orally or in writing; requests for subpenas for the production of evidence shall be in writing. The party requesting the subpena shall tender to the presiding officer an original and at least two copies of such

subpena. Where it appears to the presiding officer that the subpena sought may be unreasonable, oppressive, excessive in scope, or unduly burdensome, he may in his discretion, as a condition precedent to the issuance of the subpena, require the person seeking the subpena to show the general relevance and reasonable scope of the testimony or other evidence sought. [Rule 9(a).]

§ 502.132 Motions to quash or modify.

(a) Except when issued at a hearing, within ten (10) days after service of a subpena for attendance of a witness or a subpena for production of evidence, but in any event at or before the time specified in the subpena for compliance therewith, the person to whom the subpena is directed may, by motion with notice to the party requesting the subpena, petition the presiding officer to quash or modify the subpena.

(b) If served at the hearing, the person to whom the subpena is directed may, by oral application at the hearing, within a reasonable time fixed by the presiding officer, petition the presiding officer to revoke or modify the subpena. [Rule 9(b).]

If service of subpena is made by a United States marshal, or his deputy, or an employee of the Commission, such service shall be evidenced by his return thereon. If made by any other person, such person shall make affidavit thereto, describing the manner in which service is made, and return such affidavit on or with the original subpena. In case of failure to make service, the reasons for the failure shall be stated on the original subpena. In making service the original subpena shall be exhibited to the person served, shall be read to him if he is unable to read, and a copy thereof shall be left with him. The original subpena, bearing or accompanied by required return, affidavit, or statement, shall be returned without delay to the Commission,