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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
employment. Practitioners subject to
(a) No former officer or employee of
(b) No person shall practice, appear,
(c) No person shall practice, appear,
(d) Any person in doubt as to the ap-
(e) No one entitled to practice before
Subpart C-Parties (Rule 3)
The term “party", whenever used in
person, corporation, association, firm,
The Assistant General Counsel, Chief,
Upon petition and for good cause
Service of Documents (Rule 4)
ments filed with the Administration.
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
I hereby certify that I have this day served
the foregoing document upon all parties of
8 201.46 Copies of documents for use of
Except as otherwise provided in the
regulations in this part, an original and
fifteen copies of every document shall
cept written testimony and exhibits to
be made a part of a record, which shall
be filed in triplicate unless otherwise
Subpart E-Time (Rule 5)
8 201.51 Computation.
der these Rules, the time begins with the
day following the act, event, or default,
and includes the last day of the period,
Such service shall be made by de- than seven (7) days, intermediate Sat-
& 201.52 Additional time after service by
8 201.53 Extension of time to file docu-
Applications for extension of time for
the filing of any document shall set
forth the reasons for the application
8 201.54 Reduction of time to file docu.
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