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pearance 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 stait. 8 201.19 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 Officers. Where appropriate the Administration may designate other members of the staff to serve as Presiding Oficers 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 proos 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, officer, or regular employee. & 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. If the Administration is not satisfied as to the suficiency 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. & 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

a

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 FR. 1087),
8 201.26 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
States.

(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
g 201.26 to appear before the Adminis-
tration in connection with such matter.

Subpart C-Parties (Rule 3)
& 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
official 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.
8 201.31 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 staff
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 a
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

I printed, except correspondence and ex- ing shall be accompanied by a certificate

hibits, should be on strong, durable of service signed by the party making
paper and shall not be more than 812 service, stating that such service has
inches wide and 12 inches long, with been made upon each party to the pro-
a left margin 112 inches wide. Printed ceeding. Certificates of service may be
documents shall be printed in clear type in substantially the following form:
(never smaller than pica or 11-point

I hereby certify that I have this day served
type) adequately leaded, and the paper

the foregoing document upon all parties of
shall be opaque and unglazed. Briefs, record in this proceeding by mailing, post-
if printed, shall be printed on paper age prepaid (or by delivering in person) &
not less than 648 inches wide and 944 copy to each such party.

Dated at
inches long, with inside margin not less

this

day of

19...
than 1 inch wide. All briefs over 15

(Signature)
pages shall contain a subject index with

For
page references and a list of authorities
cited.

8 201.46 Copies of documents for use of

the Administration.
$ 201.42 Subscription, authentication of
documents.

Except as otherwise provided in the

regulations in this part, an original and
(a) Documents filed shall be sub-

fifteen copies of every document shall
scribed: (1) By the person or persons be filed for use of the Administration, ex-
filing same, (2) by an officer thereof if it

cept written testimony and exhibits to
be a corporation, (3) by an officer or em-

be made a part of a record, which shall
ployee if it be a government instrumen-

be filed in triplicate unless otherwise
tality, or (4) by an attorney or other

directed.
person having authority with respect
thereto.

Subpart E-Time (Rule 5)
(b) Documents submitted pursuant

8 201.51 Computation.
to stipulation of counsel where no
sponsoring witness will be used must be In computing any period of time un-
verified.

der these Rules, the time begins with the

day following the act, event, or default,
$ 201.43 Service by parties.

and includes the last day of the period,
All documents, when tendered for unless it is a Saturday, Sunday, or na-
filing should show that service has been tional legal holiday. When the period
made upon all parties to the proceeding. of time prescribed or allowed is less

Such service shall be made by de- than seven (7) days, intermediate Sat-
livering one copy to each party in per- urdays, Sundays, and holidays shall be
son or by mailing by first-class mail excluded from the computation.
properly addressed with postage prepaid.

& 201.52 Additional time after service by
When a party has appeared by attorney

mail.
or other representative, service upon
such attorney or other representative Whenever service of a document has
will be deemed service upon the party. been made by mail in accordance with
All documents served by mail preferably 8 201.43 three (3) days shall be added
should be mailed in sufficient time to to the prescribed period for answer.
reach the parties on the date on which
the original is due to be filed and should

8 201.53 Extension of time to file docu-

ments.
be air mailed if addressee is more than
300 miles distant.

Applications for extension of time for

the filing of any document shall set
$201.44 Date of service.

forth the reasons for the application
The date of service of documents shall and may be granted upon a showing of
be the day when the matter served is good cause on the part of applicant.
deposited in the United States mail, Answers to such applications are per-
shown by the postmark thereon, or is mitted.
delivered in person, as the case may be.

8 201.54 Reduction of time to file docu.
8 201.45 Certificate of service.

ments.
The original of every document filed Except as prohibited by law, for good
with the Administration and required to cause the Administration, or the Pre-
be served upon all parties to a proceed- siding Officer with respect to matters

66-102-67

2

pending before him, may reduce any time limit prescribed in the regulations in this part. 8 201.55 Postponement of hearing.

Applications for postponement of any hearing date may be granted upon a showing of good cause on the part of the applicant. Answers to such applications are permitted.

Subpart F-Rule Making (Rule 6) $201.61 Petition for issuance, amend.

ment, or repeal of rule or regulation. Any interested person may file with the Administration a petition for the issuance, amendment, or repeal of a rule designed to implement, interpret, or prescribe law, policy, organization, procedure, or practice requirements of the Administration. The petition shall set forth the interest of petitioner and the nature of the relief desired, shall include any facts, views, arguments, and data deemed relevant by petitioner, and shall be subscribed to. If such petition is for the amendment or repeal of a rule, it shall be accompanied by proof of service on all persons, if any, specifically named in such rule, and shall conform in all other aspects to Subpart D of this part. Answers to such petition shall conform to the requirements of Subpart D of this part. $ 201.62 Notice of proposed rule mak

ing. After receipt of petitions and any answers thereto described in g 201.61, or upon its own initiative, the Administration may, in its discretion, direct that notice thereof be published in the FEDERAL REGISTER unless all persons subject thereto are named and either are personally served or otherwise have actual notice thereof in accordance with law. Except where publication of notice of proposed rule making and public hearing is required by statute, this section shall not apply to interpretative rules, general statements of policy, organization rules, rules of procedure, or practice of the Administration, or amendments thereto, or any situation in which the Administration for good cause finds that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest. & 201.63 Participation in rule making.

Interested persons will be afforded an opportunity to participate in rule making

through submission of written data, views, or arguments, with or without opportunity to present the same orally in any manner: Provided, That where the proposed rules are such as are required by statute to be made on the record after opportunity for a hearing. or where a hearing is ordered by the Administration upon petition of any party or upon its own initiative, such hearing shall be conducted pursuant to sections 7 and 8 of the Administrative Procedure Act. 8 201.64 Contents of rules.

The Administration will incorporate in any rules to be adopted a concise general statement of their basis and purpose. 3 201.65 Effective date of rules.

The publication or service of any substantive rule shall be made not less than 30 days prior to its effective date except (a) as otherwise provided by the Administration for good cause found and published in the FEDERAL REGISTER or (b) in the case of rules granting or recognizing exemption or relieving restriction, interpretative rules, and statements of policy. Subpart G-Formal Proceedings, No

tice, Pleadings, Replies (Rule 7) $201.71 Commencement of proceed

ings. Formal proceedings may be commenced with respect to any phase of an application for Government aid or other relief, the processing of which by statute requires a public hearing. The Administration may, in its discretion, also direct the holding of a hearing not required by statute for any purpose authorized in the statutes it administers. 8 201.72 Notice.

Notice of any matter which may result in or involves the institution of a formal proceeding will be given by publication in the FEDERAL REGISTER in sufficient detail and in sufficient time to apprise interested persons of the nature of the issues to be heard and to allow for an opportunity to file petitions for leave to intervene. 8 201.73 Joinder of proceedings.

(a) Two or more matters which have been set for hearing by the Administration, and which involve similar issues, may be consolidated for the purpose of hearing. Such consolidation may, at the

discretion of the Administration, or Pre- discretion of the Administration if the siding Officer after hearing has been case has not been assigned for hearing, ordered, be ordered upon petition of any otherwise in the discretion of the Presid. party to said hearing or upon the initia- ing Officer designated to conduct the tive of the Administration.

hearing; Provided, That after a prehear(b) A petition to consolidate shall be ing conference has been heid no amend. filed not later than the first prehearing ment shall be allowed which would subconference in the proceeding with which stantially broaden the issues, unless consolidation is requested, and shall re- an opportunity is afforded all parties to late only to then pending applications. answer such amended pleadings and to If made at such conference, the petition prepare for hearing upon the broadened may be oral. A petition which is not issues. The Presiding Oficer may direct timely filed shall be dismissed unless the & party to state its case more fully and petitioner shall clearly show good cause in more detail by way of amendment. If for the failure to file said petition on a response to an amended pleading is time. A petition which does not relate necessary, it may be filed and served. to an application pending at the time of Amendments or supplements allowed or before a prehearing conference in a prior to hearing will be served in the proceeding with which consolidation is same manner as the original pleading. requested, shall likewise be dismissed un- Whenever by the regulations in this part less the petitioner shall clearly show good a pleading is required to be subscribed, cause for a failure to file the application the amendment or supplement shall also within the prescribed period.

be subscribed. & 201.74 Declaratory orders.

8 201.78 Petition for leave to intervene. The Administration may issue a de- A petition for leave to intervene may claratory order to terminate a proceeding be filled in any proceeding before the or to remove uncertainty. Petitions for Administration. The petition will be the issuance thereof shall state clearly granted by the presiding officer if the and concisely the nature of the contro- proposed intervenor establishes that it versy or uncertainty, shall cite the statu

has a substantial interest in the proceedtory authority involved, shall include a ing and will not unduly broaden the iscomplete statement of the facts and sues therein or unduly delay the progrounds supporting the petition, together ceeding. All such petitions shall be with a full disclosure of petitioner's in- filed prior to the opening of the prehearterest.

ing conference, or if none is held, before 8 201.75 Petitions general.

the commencement of hearing, unless

petitioner shows good cause for allowing All petitions shall be written and shall

the petition at a later time. Intervenstate the petitioner's grounds of interest

tion petitions shall be served in the same in the subject matter, the facts relied

manner as other petitions, and shall be upon, and the relief sought, and shall cite

subject to answer. Intervention petithe authority upon which the petition tions will be granted where necessary to rests. The petition shall be served upon

protect substantial interests of the petiall parties named therein or affected

tioner and where intervention will not thereby. Answers to petitions may be materially broaden the issues. A person filed.

granted permission to intervene becomes 201.76 Applications for Government

a party to the proceeding. aid.

& 201.79 Motions. Applications for operating-differential All motions and requests for rulings subsidies, charter of Government-owned shall state the relief sought, the authorvessels, and other types of Government ity relied upon, and the facts alleged. aid shall conform to the requirements set If made before or after the hearing, forth in the various general orders and

such motions shall be in writing. If other regulations of the Administration

made at the hearing, they may be stated specifically provided therefor.

orally: Provided, however, That the pre

siding officer may require that such mo8 201.77 Amendments or supplements

tion be reduced to writing and filed and to pleadings.

served in the same manner as a formal Amendments or supplements to any motion. Answers to formal motions pleading will be allowed or refused in the shall comply with the requirements of

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