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Subpart C-Parties (Rule 3) 502.41 Parties; how designated. 502.42 Hearing Counsel. 502.43 Substitution of parties. 502.44 Necessary and proper parties in
certain complaint proceedings.
Subpart D_Rule Making (Rule 4) 502.51 Petition for issuance, amendment,
or repeal of rule. 502.52 Notice of proposed rule making. 502.53 Participation in rule making. 502.54 Contents of rules. 502.55 Effective date of rules. Subpart E-Proceedings; Pleadings; Motions;
Replies (Rule 5) 502.61 Proceedings. 502.62 Complaints. 502.63 Reparation, statute of limitations. 502.64 Answer to complaint. 502.65 Replies to answers not permitted. 502.66 Order to show cause. 502.67 Proceedings under section 3 of the
Intercoastal Act. 502.68 Declaratory orders. 502.69 Petitions-general. 502.70 Amendments or supplements to
pleadings. 502.71 Bill of particulars. 502.72 Petition for intervention. 502.73 Motions. 502.74 Replies to pleadings, motions, ap
PART 502—RULES OF PRACTICE AND
PROCEDURE Subpart A-General Information (Rule 1) Sec. 502.1 Scope of rules in this part. 502.2 Mailing address; hours. 502.3 Compliance with rules or orders of
Commission. 502.4 Authentication of rules or orders of
the Commission. 502.5 Inspection of records. 502.6 Fees and charges for special services. 502.7 Documents in foreign languages. 502.8 Denial of applications and notice
thereof. 502.9 Suspension, amendment, etc., of
rules in this part. 502.10 Waiver of rules in this part. Subpart B—Appearances and Practice Before the
Commission (Rule 2) 502.21 Appearance. 502.22 Authority for representation. 502.23 Notice of appearance; written ap
pearances; substitutions. 502.24 Practice before the Commission de
fined. 502.25 Presiding officer defined. 502.26 Attorneys at law. 502.27 Persons not attorneys at law. 502.28 Firms and corporations.
Subpart Settlement; Prehearing Procedure
(Rule 6) 502.91 Opportunity for informal settle
ment. 502.92 Voluntary payment of reparation
Special docket applications. 502.93 Satisfaction of complaint. 502.94 Prehearing conference.
Subpart G-Time (Rule 7) 502.101 Computation. 502.102 Enlargement of time to file docu
ments. 502.103 Reduction of time to file documents. 502.104 Postponement of hearing. 502.105 Waiver of rules governing enlarge
ments of time and postponements
Documents (Rule 8) 502.111 Form and appearance of documents
filed with Commission. 502.112 Subscription and verification of
documents. 502.113 Service by the Commission. 502.114 Service by parties.
Sec. 502.186 502.187
Sec. 502.115 Service on attorney or other rep
resentative. 502.116 Date of service. 502.117 Certificate of service. 502.118 Copies of documents for use of the
Contents of memoranda.
Subpart - Subpenas (Rule 9) 502.131 Requests; issuance. 502.132 Motions to quash or modify. 502.133 Attendance and mileage fees. 502.134 Service of subpenas. 502.135 Subpena of Commission employees,
documents or things.
Subpart J-Hearings; Presiding Officers;
Evidence (Rule 10) 502.141 Hearings not required by statute. 502.142 Hearings required by statute. 502.143 Notice of nature of hearing, juris
diction, and issues. 502.144 Notice of time and place of hearing. 502.145 Presiding officer. 502.146 Commencement of functions of Oi.
fice of Hearing Examiners. 502.147 Functions and powers. 502.148 Consolidation of proceedings. 502.149 Disqualification of presiding or par
ticipating officer. 502.150 Further evidence required by pre
siding officer during hearing. 502.151 Exceptions to rulings of presiding
officer unnecessary. 502.152 Offer of proof. 502.153 Appeal from ruling of presiding
oficer. 502.154 Rights of parties as to presentation
of evidence. 502.155 Burden of proof. 502.156 Evidence admissible. 502.157 Written evidence. 502.158 Documents containing matter not
material. 502.159 Copies of exhibits. 502.160 Records in other proceedings. 502.161 Commission's files. 502.162 Stipulations. 502.163 Receipt of documents after hearing. 502.164 Oral argument at hearings. 502.165 Official transcript. 502.166 Corrections of transcript. 502.167 Objection to public disclosure of in
formation. 502.168 copies of data or evidence. 502.169 Record for decision. 502.170 Disposition of communications ex
traneous to the record.
Subpart - Depositions and Written
Interrogatories (Rule 12) 502.201 Request for orders to take; time of
filing; contents. 502.202 Contents of order. 502.203 Record of examination; oath; ob
jections. 502.204 Submission to witness; changes;
signing. 502.205 Certification and filing by officer;
copies. 502.206 Waiver of objections and admissi
bility. 502.207 Time of filing. 502.208 Inclusion in record. 502.209 Witness fees; expenses of taking
depositions. 502.210 Depositions taken or authorized by
Decisions; Exceptions (Rule 13) 502.221 Briefs; request for findings. 502.222 Requests for enlargement of time
for filing briefs. 502.223 Decisions-authority to make and
kinds. 502.224 Separation of functions. 502.225 Decisions-contents and service. 602.226 Decision based on official notice;
public documents. 502.227 Exceptions to decisions; replies
thereto; and review of decisions
by Commission. 502.228 Request for enlargement of time for
filing exceptions and replies
thereto. 502.229 Certification of record by presiding
or other oficer. Subpart N-Oral Argument; Submission for Final
Decision (Rule 14) 502.241 Oral argument. 502.242 Submission to Commission for final
Subpart 0—Reparation (Rule 15) 502.251 Proof on award of reparation. 502.252 Reparation statements. Subpart P-Reopening of Proceedings (Rule 16) 502.261 Reopening by Commission and mod
ification or setting aside of report or order; reopening by presiding
officer. 502.262 Petition for reopening. 502.263 Stay of rule or order. 502.264 Time for filing petition to reopen. 502.265 Reply to petition to reopen.
Subpart Q-Schedules and Forms (Rule 17) 502.271 Schedule of information for presen
tation in regulatory cases; approved forms.
Subpart K-Shortened Procedure (Rule 11) 502.181 Selection of cases for shortened
procedure; consent required. 502.182 Complainant's memorandum of
facts and argument. 502.183 Respondent's answering memoran
dum. 502.184 Complainant's memorandum in
reply. 502.185 Service of memoranda upon and by
Subpart R-Nonadjudicatory Investigations they have complied therewith, and if so, (Rule 18)
the manner in which compliance has Sec.
been made. If a change in rates is re502.281 Investigational policy.
quired, the notification shall specify the 502.282 Initiation of investigations. 502.283 Order of investigation.
tariffs which effect the changes. [Rule 502.284 By whom conducted.
1(c).] 502.285 Investigational hearings.
§ 502.4 Authentication of rules or or502.286 Compulsory processes.
ders of the Commission. 502.287 Depositions. 502.288 Reports.
All rules or orders issued by the Com502.289 Noncompliance with investigational mission, in any proceeding covered by the processes.
rules in this part shall, unless otherwise 502.290 Rights of witness.
specifically provided, be signed and au502.291 Nonpublic proceedings.
thenticated by seal by the Secretary of AUTHORITY: The provisions of this part the Commission in the name of the Com502 Issued under sec. 204(b), Merchant Ma
mission. [Rule 1(d).] rine Act, 1936, 49 Stat. 1987, 46 U.S.C., 1114 (b); secs. 3, 12, Administrative Procedure $ 502.5 Inspection of records. Act, 60 Stat. 238, 244, 5 U.S.C. Sup. 1002, 1011,
The following files and records of the and sec. 43 of the Shipping Act, 191 (76 Stat. 766, 46 U.S.C. 841(a)).
Commission, except those held by the
Commission for good cause to be confiSOURCE: The provisions of this part 502 dential, shall be open for inspection and contained in General Order 16, 30 F.R. 13604,
copying: Oct. 26, 1965, unless otherwise noted.
(a) Tariffs and agreements filed with Subpart A-General Information the Commission pursuant to statute or (Rule 1)
rule or order of the Commission may be
inspected and copied during business $ 502.1 Scope of rules in this part.
hours in the Commission's offices at The rules in this part govern procedure Washington. before the Federal Maritime Commis- (b) All pleadings, depositions, exhibits, sion, hereinafter referred to as the transcripts of testimony, exceptions, and "Commission," under the Shipping Act, briefs in any proceeding before the Com1916, Merchant Marine Act, 1920, Inter- mission may be inspected and copied at coastal Shipping Act, 1933, Merchant the Washington office of the Commission, Marine Act, 1936, Administrative Pro- subject to $ 502.167 (Rule 10(aa)). cedure Act, and related acts, except that Available volumes of Federal Maritime Subpart R (Rule 18) of this part does Commission reports may be purchased not apply to proceedings subject to sec- from the Superintendent of Documents, tions 7 and 8 of the Administrative Pro- Government Printing Office, Washingcedure Act, which are to be governed only ton, D.C., 20402. Copies of individual by Subparts A to Q (Rules 1 to 17) in- decisions may be secured from the Comclusive, of this part. They shall be con- mission upon request, or may be examstrued to secure the just, speedy, and ined in the regional offices of the Cominexpensive determination of every pro- mission. ceeding. (Rule 1(a).]
(c) Orders, rules, rulings, opinions, and $ 502.2 Mailing address;
decisions (initial, recommended, tentahours.
tive, and final) may be inspected at the Documents required to be filed in, and Washington office of the Commission, correspondence relating to, proceedings except those held by the Commission for governed by the rules in this part should good cause to be confidential and not be addressed to "Federal Maritime Com- cited as precedents. (Rule 1(e).] mission, Washington, D.C., 20573.” The hours of the Commission are from 8:30
$ 502.6 Fees and charges for special
services. a.m. to 5 p.m., Monday to Friday, inclusive, unless otherwise provided by statute (a) Policy and services available. Puror executive order. (Rule 1(b).]
suant to policies established by the
Congress, the Government's costs for $ 502.3 Compliance with rules or orders
special services furnished to individuals of Commission.
or firms who request such service are to Persons named in a rule or order shall be recovered by the payment of fees notify the Commission during business (Act of August 31, 1951–5 U.S.C. 140). hours on or before the day on which such Upon written request directed to and rule or order becomes effective whether within the discretion of the Federal Maritime Commission, there are avail. (1) Orders, notices, rulings, and deci. able upon payment of the fees herein- sions (initial and final) issued by hearing after prescribed, with respect to docu- examiners and by the Commission in a ments subject to inspection, services as formal docketed proceedings before the follows:
Federal Maritime Commission are avail. (1) Copying records/documents.
able at an annual subscription rate of (2) Certification of copies of docu- $30.00. ments.
(ii) Final decisions (only) issued by (3) Records search.
the Commission in all formal docketed (4) Subscriptions to publications of proceedings before the Commission are the Commission.
available at an annual subscription rate (5) Transcripts of hearings.
of $10.00. (b) Payment of fees and charges. The (iii) General Orders of the Commis. fees charged for special services may be sion, including all proposed and firal paid by check, draft, or postal money rules, are available at an annual suborder, payable to the Federal Maritime scription rate of $2.00 (initial annua! Commission, except for charges for subscription will entitle the purchase: transcript of hearings. Fees for tran- to a complete set of current Genera: script of hearings are payable to the Orders issued to date). firm providing the services.
(iv) Exceptions: No charge will be (c) Fees for services. The basic fees made by the Commission for notices, deset forth below provide for documents to cisions, orders, etc., required by law to be be mailed with ordinary first-class post- served on a party to any proceeding or age prepaid. If copy is to be transmitted matter before the Commission. No by registered, certified, air or special de- charge will be made for single copies of livery mail, postage therefor will be Commission publications individually readded to the basic fee. Also, if special quested, in person or by mail. In addihandling or packaging is required, costs tion a subscription to Commission mailthereof will be added to the basic fee. ing lists will be entered without charge
(1) The copying of records and docu- when one of the following conditions is ments will be available at the rate of 25 present: cents per page (one side) by the Xerox (a) The furnishing of the service process, limited to size 844" X 14" or without charge is an appropriate coursmaller.
tesy to a foreign country or international (2) The certification and validation organization. (with Federal Maritime Commission (b) The recipient is another governseal) of documents filed with or issued mental agency, Federal, State, or local. by the Commission will be available at concerned with the domestic or foreign $1.00 for each such certification.
commerce by water of the United States (3) To the extent that time can be or, having a legitimate interest in the made available, records and information proceedings and activities of the Comsearch will be performed for reimburse- mission. ment at the following rates:
(c) The recipient is a college or uni(i) By clerical personnel at a rate of versity. $4.00 per person per hour.
(d) The recipient does not fall into (ii) By professional personnel at an (a), (b), or (c) of this subdivision, but actual hourly cost basis to be established is determined by the Commission to be prior to search.
appropriate in the interest of its pro(iii) Minimum charge, $2.00.
gram. (4) Annual subscriptions to Commis- (5) Transcripts of testimony and of sion publications for which there are
oral argument are furnished by a nonregular mailing lists are available at the
governmental contractor, and may be charges indicated below. Subscriptions
purchased directly from the reporting will be available effective January 1,
firm. [Rule 1 (f).] 1965, for a one-year term, and for calen- § 502.7 Documents in foreign languages. dar year terms thereafter. Subscrip- Every document, exhibit, or other pations for periods of less than a full calen- per written in a language other than dar year will be prorated on a quarterly English and filed with the Commission basis. No provision is made for refund or offered in evidence in any proceeding upon cancellation of subscription by a before the Commission under the rules purchaser.
in this part or in response to any rule
or order of the Commission pursuant to $ 502.22 Authority for representation. the rules in this part, shall be filed or
Any individual acting in a representaoffered in the language in which it is written and shall be accompanied by an
tive capacity in any proceeding before
the Commission may be required to show English translation thereof duly verified
his authority to act in such capacity. under oath to be an accurate translation.
[Rule 2(b).) (Rule 1 (g).] $ 502.8 Denial of applications and no
$ 502.23 Notice of appearance; written tice thereof.
appearances; substitutions. Except in affirming a prior denial or
Within twenty (20) days after service where the denial is self-explanatory,
of an Order of Investigation, respond
ents shall notify the Commission of the prompt written notice will be given of the
name and address of the person or perdenial in whole or in part of any written application, petition, or other request
sons who will represent them in the pend
ing investigation. Persons who appear at made in connection with any proceeding
any hearing shall deliver a written notaunder the rules in this part, such notice to be accompanied by a simple statement
tion of appearance to the reporter, statof procedural or other grounds for the
ing for whom the appearance is made. denial, and of any other or further ad
All appearances shall be noted in the recministrative remedies or recourse appli
ord. Petitions to Intervene shall indicant may have where the denial is based
cate the name and address of the person on procedural grounds. [Rule 1(h).]
or persons who will represent the inter
vener in the pending investigation if the $ 502.9 Suspension, amendment, etc., of
Petition to Intervene is granted. If an rules in this part.
attorney or other representative of recThe rules in this part may, from time ord is superseded, there shall be filed a to time, be suspended, amended, or re- stipulation of substitution signed by both voked, in whole or in part. Notice of any attorneys or representatives and by the such action will be published in the party, or a written notice from the client FEDERAL REGISTER. [Rule 1(i).]
to the Commission. [Rule 2(c).) $ 502.10 Waiver of rules in this part. 8 502.24 Practice before the CommisExcept to the extent that such waiver
sion defined. would be inconsistent with any statute, Practice before the Commission shall any of the rules in this part, except be deemed to comprehend all matters § 502.153 (Rule 10(m)), may be waived connected with the presentation of any by the Commission or the presiding offi- matter to the Commission, including the cer in any particular case to prevent un- preparation and filing of necessary docudue hardship, manifest injustice, or if ments, and correspondence with and the expeditious conduct of business so re- communications to the Commission, quires. [Rule 1(j).]
The term “Commission” as used herein
includes any division, office, branch, secSubpart B-Appearances and Prac
tion, unit, or field office of the Federal tice Before the Commission (Rule 2)
Maritime Commission and any officer or 502.21 Appearance.
employee of such division, office, branch, (a) Parties. A party may appear in
section, unit, or field office. [Rule 2(d).] person or by an officer, partner, or regu- § 502.25 Presiding officer defined. lar employee of the party, or by or with
"Presiding officer" means and shall incounsel or other duly qualified repre
clude (a) any one or more of the memsentative, in any proceeding under the
bers of the Commission (not including rules in this part. Any party or his
the Commission when sitting as such), representative may testify, produce and
(b) one or more hearing examiners, or examine witnesses, and be heard upon
(c) one or more other officers authorized brief and at oral argument if oral argu
by the Commission to conduct nonadment is granted.
judicatory proceedings when duly des(b) Persons not parties. One who
ignated to preside at such proceedings. appears in person before the Commission
[Rule 2 (e).] or a representative thereof, either by compulsion from, or request or permis
$ 502.26 Attorneys at law. sion of the Commission, shall be accorded Attorneys at law who are admitted to the right to be accompanied, represented, practice before the Federal courts or beand advised by counsel. [Rule 2(a).] fore the courts of any State or Territory