(a) Before statutory review. At any time prior to the expiration of the time allowed for filing a petition for review or prior to the filing of the transcript of the record of a proceeding in a United States court of appeals pursuant to a petition for review, the Commission may upon its own initiative and without prior notice to the parties reopen the proceeding and enter a new decision modifying or setting aside the whole or any part of the findings as to the facts, conclusions, order to cease and desist, or opinion issued by the Commission in such proceeding.

(b) After decision has become final. (1) Whenever the Commission is of the opinion that changed conditions of fact or law or the public interest may require that a Commission decision containing an order to cease and desist which has become final by reason of court affirmance or expiration of the statutory period for court review without a petition for review having been filed, or a Commission decision containing an order dismissing a complaint, should be altered, modified or set aside in whole or in part, the Commission will serve upon each person subject to such decision and order an order to show cause, stating the changes it proposes to make in the decision and the reasons they are deemed necessary. Within thirty (30) days after service of such order to show cause, any person served may file an answer thereto. Any person not responding to the order within the time allowed may be deemed to have consented to the proposed changes.

(2) Whenever any person subject to a decision containing an order to cease and desist which has become final is of the opinion that changed conditions of fact or law require that said decision or order be altered, modified or set aside, or that the public interest so requires, such person may file with the Commission a petition requesting a reopening of the proceeding for that purpose. The petition shall state the changes desired, the grounds therefor, and, when available, such supporting evidence and argument as will in the absence of a contest form the basis for a Commission decision on the petition. Within thirty (30) days after service of such a peti

tion, the Director of the appropriate bureau of the Commission shall file an answer.

(3) Whenever an order to show cause or petition to reopen is not opposed, or if opposed but the pleadings do not raise issues of fact to be resolved, the Commission, in its discretion, may decide the matter on the order to show cause or petition and answer thereto, or it may serve upon the parties a notice of hearing, setting forth the date when the cause will be heard. In such a case, the hearing will be limited to the filing of briefs and may include oral argument when deemed necessary by the Commission. When the pleadings raise substantial factual issues, the Commission will direct such hearings as it deems appropriate, including hearings for the receipt of evidence by it or by a hearing examiner. Unless otherwise ordered and insofar as practicable, hearings before a hearing examiner to receive evidence shall be conducted in accordance with Subparts C, D, E and F of this part. Upon conclusion of hearings before a hearing examiner, the record and the hearing examiner's recommendations shall be certified to the Commission for final disposition of the matter.

(b) Restrictions as to former members and employees. (1) Except as specifically authorized by the Commission, no former member or employee of the Commission shall appear as attorney or counsel or otherwise participate through any form of professional consultation or assistance in any proceeding or investigation, formal or informal, which was pending in any manner in the Commission while such former member or employee served with the Commission.

(2) (i) In cases to which subparagraph (1) of this paragraph is applicable, a former member or employee of the Commission may request authorization to appear or participate in a proceeding or investigation by filing with the Secretary of the Commission a written application therefor, disclosing the following relevant information: (a) The nature and extent of the former member or employee's participation in, knowledge of, and connection with the proceeding or investigation during his service with the Commission; (b) whether the files of the proceeding or investigation came to his attention; (c) whether he was employed in the same bureau, division, or administrative unit in which the proceeding or investigation is or has been pending; (d) whether he worked directly or in close association with Commission personnel assigned to the proceeding or investigation; (e) whether during his service with the Commission he was engaged in any matter concerning the individual, company or industry involved in the proceeding or investigation.

(ii) The requested authorization will not be given in any case (a) where it appears that the former member or employee during his service with the Commission participated personally and substantially in the proceeding or investigation, or (b) where the application is filed within one (1) year after termination of the former member or employe's service with the Commission and it appears that within a period of one (1) year prior to the termination of his service the former member or employee was officially responsible for the proceeding or investigation. In other cases, authorization will be given where the Commission is satisfied that the appearance or participation will not involve any actual or apparent impropriety.

(3) In any case in which a former member or employee of the Commission is prohibited under this section from appearing or participating in a Com

mission proceeding or investigation, any partner or legal or business associate of such former member or employee shall likewise be so prohibited, unless (i) such partner or legal or business associate files with the Commission an affidavit that in connection with the matter the services of the disqualified former member or employee will not be utilized in any respect and the matter will not be discussed with him in any manner, and that the disqualified former member or employee shall not share, directly or indirectly, in any fees or retainers received for services rendered in connection with such proceeding or investigation; (ii) the disqualified former member or employee files an affidavit stating that he will not participate in the matter in any manner, and that he will not discuss it with any person involved in the matter; and (iii) upon the basis of such affidavits, the Commission finds that the appearance or participation by the partner or associate would not involve any actual or apparent impropriety.

(c) Notice of appearance. Any attorney desiring to appear before the Commission or a hearing examiner on behalf of a person or party shall file with the Secretary of the Commission a written notice of his appearance, stating the basis of his eligibility under this rule. No other application shall be required for admission to practice, and no register of attorneys will be maintained.

(d) Standards of conduct; disbarment. (1) All attorneys practicing before the Commission shall conform to the standards of ethical conduct required of practitioners in the courts of the United States and by the bars of which the attorneys are members.

(2) If for good cause shown, the Commission shall be of the opinion that any attorney is not conforming to such standards, or that he has been otherwise guilty of conduct warranting disciplinary action, the Commission may issue an order requiring such attorney to show cause why he should not be suspended or disbarred from practice before the Commission. The alleged offender shall be granted due opportunity to be heard in his own defense and may be represented by counsel. Thereafter, if warranted by the facts, the Commission may issue against the attorney an order of reprimand, suspension or disbarment.

§ 4.2 Requirements as to form and filing of documents other than correspond

ence.

(a) Filing. Except as otherwise provided, all documents submitted to the Commission shall be addressed to and filed with the Secretary of the Commission.

(b) Title. Documents shall clearly show the file or docket number and title of the action in connection with which they are filed.

(c) Copies. Twenty-five (25) copies of a notice of intention to appeal and of all briefs before the Commission shall be filed; twenty (20) copies of all other documents shall be filed, with the exception of notices of appearances and reports of compliance, as to which only two (2) copies of each need be filed.

(d) Form. (1) Documents, other than briefs in support of appeals of initial decisions, shall be printed, typewritten or otherwise processed in permanent form and on good unglazed paper. The paper must not be less than eight (8) inches nor more than eight and onehalf (82) inches by not less than ten and one-half (102) inches nor more than eleven (11) inches. The left margin must be one and one-half (12) inches and the right margin one (1) inch. Documents must be bound on the left side. If printed, the type shall be not less than ten (10) point adequately leaded.

(2) Briefs before the Commission on appeals, if printed, shall be on good unglazed paper seven (7) inches by ten (10) inches. The type shall not be less than ten (10) point adequately leaded. Citations and quotations shall not be less than ten (10) point single leaded and footnotes shall not be less than eight (8) point single leaded. The printed line shall not exceed four and threequarter (434) inches in length. Nonprinted briefs which are reproduced in equally clear and legible form will also be received.

(e) Signature. (1) One (1) copy of each document filed shall be signed by an attorney of record for the party, or, in the case of respondents not represented by counsel, by the respondent himself, or by a partner if a partnership, or by an officer of respondent if it is a corporation or an unincorporated association.

(2) Signing a document constitutes a representation by the signer that he

has read it, that to the best of his knowledge, information, and belief, the statements made in it are true, and that it is not interposed for delay. If a document is not signed or is signed with intent to defeat the purpose of this rule, it may be stricken as sham and false and the proceeding may go forward as though the document has not been filed. § 4.3 Time.

(a) Computation. Computation of any period of time prescribed or allowed by these rules, by order of the Commission or a hearing examiner, or by any applicable statute, shall begin with the first business day following that on which the act, event or development initiating such period of time shall have occurred. When the last day of the period so computed is a Saturday, Sunday, or national holiday, or other day on which the office of the Commission is closed, the period shall run until the end of the next following business day. When such period of time, with the intervening Saturdays, Sundays and national holidays counted, is seven days or less, each of the Saturdays, Sundays and such holidays shall be excluded from the computation. When such period of time, with the intervening Saturdays, Sundays and national holidays counted, exceeds seven days, each of the Saturdays, Sundays, and such holidays shall be included in the computation.

(b) Extensions. For good cause shown, the hearing examiner may, in any proceeding before him, extend any time limit prescribed or allowed by these rules or by order of the Commission or the hearing examiner, except those governing the filing of interlocutory appeals and initial decisions and those expressly requiring Commission action. Except as otherwise provided by law, the Commission, for good cause shown, may extend any time limit prescribed by these rules or by order of the Commission or a hearing examiner; provided, however, that in a proceeding pending before a hearing examiner, any motion on which he may properly rule shall be made to him. § 4.4

Service.

(a) By the Commission. (1) Service of complaints, orders and other processes of the Commission may be effected as follows:

(i) By registered mail. A copy of the document shall be addressed to the per

son, partnership, corporation or unincorporated association to be served at his or its residence or principal office or place of business, registered, and mailed;

or

(ii) By delivery to an individual. A copy thereof may be delivered to the person to be served, or to a member of the partnership to be served, or to the president, secretary, or other executive officer or a director of the corporation or unincorporated association to be served; or

(iii) By delivery to an address. A copy thereof may be left at the principal office or place of business of the person, partnership, corporation or unincorporated association, or it may be left at the residence of the person or of a member of the partnership or of an executive officer or director of the corporation or unincorporated association to be served.

(2) Documents other than complaints, orders and other processes of the Commission, the service of which starts the running of prescribed periods of time provided or allowed by any of the rules or by any order of the Commission or a hearing examiner for the performance of some act or the occurrence of some event or development, shall be served in the same manner as complaints, orders and other processes of the Commission.

(3) All other documents may be similarly served, or they may be served by certified or ordinary first-class mail.

(b) By other parties. Service of documents by parties other than the Commission shall be by delivering copies thereof as follows: Upon the Commission, by personal delivery or delivery by firstclass mail to the office of the Secretary of the Commission; upon any other party, by delivery to the party. If the party is an individual or partnership, delivery shall be to such individual or a member of the partnership; if a corporation or unincorporated association, to an officer or agent authorized to accept service of process therefor. Delivery to a party other than the Commission means handing to the individual, partner, officer, or agent; leaving at his office with a person in charge thereof, or, if there is no one in charge or if the office is closed or if he has no office, leaving at his dwelling house or usual place of abode with some person of suitable age and discretion then residing therein; or sending by mail.

(c) Proof of service. (1) When service is by mail, registered, certified or ordinary first-class, it is complete upon delivery of the document by the post office.

(2) When a party is represented by a person qualified pursuant to § 4.1(a), and such representative has filed a notice of appearance as required by § 4.1(c), any notice, order, or other process or communication required or permitted to be served upon a person or party shall be served upon such representative in addition to any other service specifically required by statute.

(3) When a party has appeared in a proceeding by a partner, officer, or attorney, service upon such partner, officer, or attorney of any document other than a complaint, order or other process of the Commission shall be deemed service upon the party.

(4) The return post office receipt for a document registered and mailed, or the verified return or certificate by the person serving the document by personal delivery or ordinary mail, setting forth the manner of said service, shall be proof of the service of the document. [28 F.R. 7092, July 11, 1963, as amended at 31 F.R. 5123, Mar. 30, 1966]

§ 4.5 Ex parte communications.

(a) In an adjudicative proceeding, no person not employed by the Commission, and no employee or agent of the Commission who performs any investigative or prosecuting function in connection with the proceeding, shall communicate ex parte, directly or indirectly, with any member of the Commission, or the hearing examiner, or any employee involved in the decisional process in such proceeding, with respect to the merits of that or a factually related proceeding.

(b) In an adjudicative proceeding, no member of the Commission, hearing examiner or employee involved in the decisional process of such proceeding, shall communicate ex parte, directly or indirectly, with any person not employed by the Commission, or with any employee or agent of the Commission who performs any investigative or prosecuting function in connection with the proceeding, with respect to the merits of that or a factually related proceeding.

(c) In an adjudicative proceeding, if any ex parte communication is made to or by any member of the Commission, the hearing examiner, or employee involved in the decisional process, in vio