nation of the issues by the Commission. specified in the notice, the licensee or | such part of the order, pending determipermit holder shall send his reply to the AEC office designated in the notice. If the notice relates to conditions or conduct which may be susceptible of correction or of being brought into full compliance by action of the licensee or permit holder, he shall state in his reply the corrective steps taken or to be instituted in achieving correction and preventing further violations, and the date when such correction and full compliance will be achieved. (b) Where in the opinion of AEC the public health, interest, or safety requires, or the failure to be in compliance is wilful, the notice provided for in this section may be omitted. §2.202 Orders to show cause; conditional orders. (a) (1) In any case described in § 2.200, and after notice if any as required by § 2.201, AEC may issue to the licensee or permit holder an order directing him to show cause why the proposed action should not be taken. There will be included a notice of formal hearing. The time for hearing specified shall not be less than 20 days after issuance of the order except that, where the public interest or safety requires, AEC may provide in the order for a shorter period. (2) Where in the opinion of AEC the public health, interest and safety requires, the proposed action may be made temporarily effective prior to the time for hearing. (b) In cases initiated by AEC to impose requirements by order upon a licensee or holder of a construction permit, the AEC may (in lieu of following the procedures provided in paragraph (a) of this section) issue such order to be effective at a time specified therein. The order will designate also a period of time, not less than 15 days from the date of issuance of the order, within which the licensee or permit holder may file a written request for formal hearing. The timely filing of a request for formal hearing with respect to any order, or any part of an order, issued pursuant to this paragraph shall stay the order, or §2.203 Recapture of material or entry in emergency revocation cases. In cases found by the Commission to be of extreme importance to the common defense and security or to the health and safety of the public, the Commission may without prior notice or hearing recapture any special nuclear material held by the licensee or enter upon and operate the licensed facility, provided that as promptly as possible and not later than 10 days from the recapture or entry, AEC will serve upon the licensee or permit holder an appropriate order to show cause why the license or construction permit should not be revoked and notice of formal hearing, or will initiate steps to restore the material or facility of which the licensee or permit holder has been deprived. SUBPART G-RULES OF GENERAL APPLICABILITY COMMON PROVISIONS § 2.700 Filing of papers; when com plete. Unless otherwise specified, papers required to be filed with AEC shall be filed with the Atomic Energy Commission, 1901 Constitution Avenue, NW., Washington 25, D. C. Papers required to be filed with AEC shall be deemed filed upon actual receipt by AEC at the place specified accompanied by proof of service upon parties required to be served. Upon actual receipt the filing, when by mail or telegraph, shall be deemed complete as of the date of deposit in the mail or with the telegraph company as provided in paragraph (d) of § 2.703. § 2.701 Computation of time. In computing any period of time prescribed or allowed by any applicable statute, rule, notice, or order, the day of the act, event, or default after which the designated period of time begins to run is not to be included. The last day of the period so computed is to be included, unless it is a Saturday, Sunday, or a legal holiday, in which event the period runs until the end of the next day which is day. When the period of time prescribed or allowed is less than seven days, intermediate Saturdays, Sundays, and holidays shall be excluded in the computation. neither a Saturday, Sunday, nor a holi- | leaving it at his office with his clerk or other person in charge thereof or, if there is no one in charge, leaving it in a conspicuous place therein or, if the office is closed or the person to be served has no office, leaving it at his usual place of residence with some person of suitable age and discretion then residing therein; § 2.702 Extension of time. Unless discretion is denied by statute, extensions of time for filing or performing any act required or allowed to be done, and continuances of any proceeding or hearing, may be granted in the discretion of AEC upon application and good cause shown by any party, or upon the initiative of AEC or stipulation of all the parties. Where a presiding officer has been designated for hearing, the discretion in granting extensions of time and continuances in matters relating to the hearing shall rest with the presiding officer. § 2.703 Service of papers, methods, proof. (a) Except for subpenas, service of which is governed by § 2.744, AEC will serve all orders, notices, and other papers issued by it when service thereof is required, together with any other papers which it is required by law to serve. Every other paper requiring | service, such as answers, petitions, motions, briefs, exceptions, and notices, shall be served by the party filing it upon all parties entitled to service thereof; and proof of service shall accompany the paper when it is tendered for filing. Where there are numerous parties to a proceeding the Commission may, upon motion or its own initiative, make special provision regarding the service of papers. (b) Service shall be made upon the parties or their designated representatives. (c) Service of papers may be made by personal delivery, by first class, certified or registered mail including airmail, by telegraph, or by publication when publication is authorized by statute, rule, or order. (2) By mail, upon deposit in the United States mail properly stamped and addressed; (3) By telegraph, when deposited with a telegraph company properly addressed and with charges prepaid; (4) By publication, when due notice shall have been given in the publication for the time and in the manner provided by statute, rule, or order. Service by mail or telegraph shall be made at the principal place of business of the individual or party to be served or at his usual residence. (e) Proof of service of any document may consist of: (1) A certificate describing the service by the person mailing, telegraphing, or making personal service of the paper or causing its publication; or (2) an acknowledgment of service signed by the individual receiving service personally. § 2.704 Representation. (a) Except as provided in paragraph (b) of this section, any person appearing before AEC may do so in person or by a representative. Any person transacting business with AEC in a representative capacity may be required to show his authority to act in that capacity. (b) In a formal hearing, a person may appear in person or be represented by an attorney at law in good standing admitted to practice before any court of the United States, the District of Columbia, or the highest court of any state, territory or possession of the United States. Presiding officers may permit qualified individuals having scientific training or experience to par (d) Service upon parties shall be ticipate on behalf of a party in the regarded as complete: presentation of evidence. (1) By personal delivery, upon handling the paper to the individual, or 389403-56-13 § 2.705 Intervention. (a) Any person whose interest may be affected by a proceeding may file a petition to in- | term is used in the Administrative Protervene, describing his interest, how it may be affected by AEC action, and the position he is taking in the matter. Service of copies of the petition shall be made upon all parties to the proceeding. The licensee or applicant upon prompt notice and motion, and other parties by leave, may contest the right of the petitioner to intervene. cedure Act, unless the parties otherwise agree, and in such other cases as may specifically be directed. Informal hearings will normally be held for the purposes of obtaining necessary or useful information, and affording participation by interested persons, in the formulation, amendment, or rescission of rules and regulations. § 2.709 Authority to administer oaths and affirmations. Any oath or affirmation required by or pursuant to the regulations in this Chapter may be administered by any person authorized to administer oaths for general purposes by the laws of the United States, or the (b) As soon as is practicable after filing of a petition and the hearing of argument, if any, the Commission will issue and serve an order either permitting or denying intervention. If the order is a denial of intervention, it shall contain a statement of the grounds. If a petition is filed after a notice of hear-laws of any state, territory or possession ing has been issued, the designated presiding officer will act upon the petition. An order permitting intervention may be conditioned upon such terms as the Commission or presiding officer may direct. § 2.706 Effect of intervention or denial thereof. (a) A person permitted to intervene becomes a party to the proceeding. (b) Where a notice of hearing has been issued or a hearing has begun, the admission thereafter of an intervener shall not of itself enlarge or alter the issues without amendment as provided in § 2.741. (c) An order denying intervention will be without prejudice to any proposed limited appearance by the petitioner as one who is not a party for the purposes provided in § 2.731. § 2.707 Consolidation. Upon motion and good cause shown or upon its own initiative, the Commission may contemporaneously consider or consolidate for hearing or for other purposes two or more proceedings if it finds that such action will be conducive to the proper dispatch of its business and to the ends of justice. § 2.708 Hearings, formal and informal. Hearings will be either formal or informal. Formal hearings will be held in cases of adjudication, as that of the United States, or of the District of Columbia, or the Commonwealth of Puerto Rico, wherein such oath or affirmation is administered, or by any consular officer of the United States. This section shall not be construed as an ex|clusive enumeration of the persons who may administer such oaths or affirmations. INFORMAL HEARINGS $2.720 Informal hearing procedure. The procedure to be followed in informal hearings shall be such as will best serve the purpose of the hearing. For example, an informal hearing may consist of the submission of written data, views, or arguments with or without oral argument, or may partake of the nature of a conference, or may assume some of the aspects of a formal hearing in which the subpena of witnesses and the production of evidence may be permitted or directed. FORMAL HEARINGS §2.730 Parties. The parties to a formal hearing shall be AEC, the licensee or applicant as the case may be, and any person permitted to intervene pursuant to § 2.705. § 2.731 Limited appearances by persons not parties. With the consent of the presiding officer, limited appearances may be entered without request for or grant of permission to intervene by persons who are not parties to a hearing. With the consent of the presiding officer, and on due notice to the parties, such persons may make oral or written statements of their position on the issues involved in the proceeding, but may not otherwise participate in the hearing. § 2.732 Designation of presiding officer, disqualification, unavailability. (a) There will be designated to preside at hearings one or more members of the Commission, or an officer or board to whom has been delegated final authority in the matter with which the hearing is concerned, or a hearing examiner appointed pursuant to section 11 of the Administrative Procedure Act. To the extent practicable, the name of the presiding officer designated will be included in the notice of hearing or, if omitted from the notice, made known to the parties or public as soon as is possible thereafter, prior to the holding of the hearing. (c) Whenever a presiding officer becomes unavailable in the course of a hearing another presiding officer will be designated. If the presiding officer becomes unavailable after the taking of evidence at a hearing has been concluded, in lieu of designating another presiding officer the Commission may direct that the record be forwarded to it for decision. §2.733 Powers of presiding officers. From the date of his designation in a case until transfer of the case to the Commission, or expiration of the time for filing exceptions to his intermediate decision, a presiding officer shall have authority in the case to: (a) Administer oaths and affirmations; (b) Examine witnesses; (c) Rule upon offers of proof and receive evidence; (d) Issue subpenas authorized by law; (e) Take or cause depositions to be taken; (f) Regulate the course of the hear ing; (g) Hold appropriate conferences before or during the hearing; (h) Dispose of procedural requests or similar matters; (i) Within his discretion or upon di tions to the Commission for its consideration and disposition; (j) Make the intermediate decision in conformity with § 2.751; (b) Whenever a presiding officer deems himself disqualified he shall notify the Commission and withdraw from the hearing. Any party shall have 7 days, but not beyond expiration of the hearing unless further extended for good cause shown, after notice or knowledge of the designation of the presiding officer in which to file a request that the presiding officer withdraw on the ground of personal bias or other dis-rection of the Commission, certify quesqualification. The request shall be accompanied by an affidavit setting forth the facts alleged to constitute the ground for disqualification. The presiding officer may file a response thereto. If the presiding officer believes himself not disqualified, he may so rule and proceed with the hearing; and in such case, the Commission will determine the matter only as a part of the decision in the case where exceptions are filed to the presiding officer's intermediate decision. The presiding officer may, in his discretion,, certify the question to the Commission for consideration and disposition, and suspend the hearing until (k) Take any other action consistent with the rules of the Commission, the Administrative Procedure Act, and the Atomic Energy Act of 1954. §2.734 Separation of functions. (a) Hearing examiners appointed pursuant to section 11 of the Administrative Procedure Act shall perform no duties inconsistent with their duties and responsibilities as presiding officers, and shall not be responsible to or subject to the supervision or direction of any officer or employee engaged in the performance of investigative or prosecuting func-| the defense or other position of the tions for AEC. (b) In any case of adjudication other than initial licensing, (1) The presiding officer, unless he is a member of the Commission or officer having final authority in the case, may not consult any person or party on any fact in issue except upon notice and opportunity for all parties to participate, save to the extent required for the disposition of ex parte matters as authorized by law; (2) No officer or employee of AEC, other than a member of the Commission or officer having final authority in the case, who has engaged in the performance of any investigative or prosecuting function in the case or a factually related case may participate or advise in the intermediate or final decision, except as witness or counsel in the formal hearing. § 2.735 Notice of hearing. (a) Whenever a hearing is granted, AEC will give timely notice of the hearing to all parties and to other persons, if any, entitled to notice. Such notice will state the time, place, and nature of the hearing; the legal authority and jurisdiction under which the hearing is to be held; the matters of fact and law asserted or to be considered, which will be identified as the "Specification of issues"; and a request for an answer. The time and place for hearing will be fixed with due regard for the convenience and necessity of the parties or their representatives. (b) The notice of hearing may be a separate notice or when appropriate may be embodied in an order to show cause or other order. (c) The procedure for issuance of the notice of hearing and specifying of the issues by AEC shall not affect the burden of proof. § 2.736 Answer. (a) Within the time allowed by the notice of hearing for filing and serving an answer, and as required, the answer of a licensee or applicant shall fully advise AEC and any other parties as to the nature of answering party, the items of the specification of issues he proposes to controvert, and those he does not controvert, and whether or not he proposes to appear and present evidence. If facts are alleged in the specification of issues the answer shall admit or deny specifically each allegation of fact; or where knowledge is lacking, the answer may so state and the statements shall operate as a denial. Allegations of fact not denied shall be deemed to be admitted. Matters alleged as affirmative defenses or positions shall be separately stated and identified and, in the absence of a reply, shall be deemed to be controverted. The answer of an intervener shall fully advise AEC and other parties of his position and whether or not he proposes to appear and present evidence. (b) If a party does not oppose any order or proposed action of AEC embodied in or accompanying the notice of hearing or does not wish to appear and give evidence at the hearing, the answer shall so state. In lieu of appearing, the party may if he chooses submit a statement of reasons why the proposed order or sanction should not be issued or should be different than proposed, and the Commission will attribute such weight as it deems deserving to the written reasons. § 2.737 Reply. In appropriate cases AEC may file and serve a reply to the answer or, if the answer affects other parties to the proceeding, may permit such parties to file and serve a reply. § 2.738 Default. Failure of a party to file and serve an answer within the time provided in the notice of hearing or as prescribed in this part or to appear at a hearing, shall be deemed to authorize the Commission, in its discretion, as to such party (a) to find the facts alleged in the specification of issues to be true and to enter such finding or order as may be appropriate, without further notice or hearing; or (b) to proceed to take proof, without further notice, on the allegations or issues set forth in the specification of issues. |