Standards for issuance of subpoena duces tecum. 201.171 201.124 Service and quashing of subpoenas. 201.172 201.125 Attendance and mileage fees. 201.173 201.126 Service of subpoenas. 201.127 Subpoena of Administration employees, documents, or things. 201.174 201.175 201.132 Conduct of the hearing. 201.133 Appeal from ruling of presiding officer. Stay of Administration's decision. Time for filing petition to reopen. Reopening by Administration and modification or setting aside of decision. Petition for reopening. Answers to petition to reopen. Subpart S-Judicial Standards of Practice 201.181 General matters. 201.182 Improper pressures. 201.183 Ex parte communications. Subpart T-Effective Date (Rule 20) 201.185 Effective date and applicability of rules. Subpart U-Charges for Orders, Notices, 201.186 Charges for documents. AUTHORITY: The provisions of this Part 201 issued under sec. 204, 49 Stat. 1987, as amended; 46 U.S.C. 1114; Reorganization Plan No. 7 of 1961, 26 F.R. 7315; Department of Commerce Order No. 117 (Rev.). SOURCE: The provisions of this Part 201 contained in General Order 41, 3d Rev., 29 F.R. 14475, Oct. 22, 1964; 29 F.R. 15374, Nov. 17, 1964, unless otherwise noted. Subpart A-General Information (Rule 1) § 201.1 Scope of rules. The regulations in this part govern practice and procedure before the Maritime Administration and the Maritime Subsidy Board (as described in Department of Commerce Order No. 117, Rev.), hereinafter referred to collectively as the "Administration", under the Merchant Marine Act, 1920, as amended, Merchant Act, 1936, as amended, Merchant Ship Sales Act, 1946, Administrative Procedure Act, and related Acts, except as may be provided otherwise by the Administration. They shall be construed to secure the just, speedy, and inexpensive determination of every proceeding with full protection for the rights of all parties therein. § 201.2 Mailing address; hours. Documents required to be filed in, and correspondence relating to, proceedings governed by the regulations in this part should be addressed to "Secretary, Maritime Administration, Washington, D.C., 20235". The principal office of the Administration, located at 441 G Street NW., Washington, D.C. 20235, is open from 8:30 a.m. to 5:00 p.m. eastern standard time or eastern daylight saving time, whichever is currently effective in Washington, Monday to Friday, inclusive, unless otherwise provided by Federal statute or executive order. § 201.3 Authentication of rules, orders, determinations and decisions of the Administration. All rules, orders, determinations or decisions issued in any proceeding covered by the regulations in this part shall, unless otherwise specifically provided by the Administration, be signed and authenticated by seal by the Secretary of the Administration in the name of the Administration. § 201.4 Inspection of records. The files and records of the Administration except those held by the Administration for good cause to be confidential, shall be open for inspection and copying as follows: (a) All pleadings, motions, depositions, correspondence, exhibits, transcripts of testimony, exceptions, briefs, and decisions in any formal proceeding before the Administration may be in spected and copied in the Docket Section of the Office of Hearing Examiners. (b) Subject to the provisions of law restricting public disclosure of information, all other files and records may be inspected and copied in the discretion of the Administration upon written request to the Secretary describing in detail the documents of which inspection is desired and setting forth the reasons therefor. (c) Orders, rules, rulings, opinions, determinations, and decisions (initial, recommended, tentative, and final), may be inspected at the Washington Office of the Administration. (d) Copies of documents which may be inspected subject to the provisions of this section will be prepared and certified by the Secretary under the seal of the Administration if written request is made specifying the exact documents, the number of copies desired, and the date on which the same will be required. Such request shall permit a reasonable time for the preparation of copies. The cost of preparing copies shall be paid by the person making the request. Volumes of Maritime Administration reports may be purchased from the Superintendent of Documents, Government Printing Office, Washington, D.C., 20402. Copies of individual decisions may be secured from the Secretary, Maritime Administration upon request, or may be examined in the regional offices of the Maritime Administration. § 201.5 Searching, copying, and certification of records; fees therefor. (a) Upon written request directed to and within the discretion of the Administration, there are available, with respect to documents subject to inspection as provided in § 201.4, services as follows: (1) Searching files and records; (2) Copying records and documents; and (3) Certifying of copies of documents. (b) Fees for services set forth in paragraph (a) of this section are as follows: (1) Certification and validation of each document with Maritime Subsidy Board or Maritime Administration seal, $1, without either seal, 25 cents. (2) Searching files and records, except as provided in subparagraph (5) of this paragraph, $1.50 per half hour or fraction thereof. (3) Copying records and documents, except as provided in subparagraph (5) of this paragraph. Since the changes herein reflect minor adjustments of fee items pursuant to current review, it is deemed impracticable to delay the effective date hereof; therefore, in accordance with the provisions of section 4, Administrative Procedure Act (5 U.S.C. 1003), the foregoing shall be effective as of the date of publication in the FEDERAL REGISTER. [G.O. 41, 3d Rev., Amdt. 2, 31 F.R. 9867, July 21, 1966] 201.6 Documents in foreign languages. Every document, exhibit, or other paper written in a language other than English and filled with the Administration or offered in evidence in any proceeding before the Administration under the regulations in this part or in response to any rule or order of the Administration pursuant to the regulations in this part, shall be filed or offered in the language in which it is written and shall be accompanied by an English translation thereof duly subscribed. § 201.7 Information; special instructions. Information as to procedure under the regulations in this part, and instructions supplementing the regulations in this part in special instances, will be furnished upon application to the Secretary of the Administration. § 201.8 Use of gender and number. Words importing the singular number may extend and be applied to several persons or things; words importing the plural number may include the singular; and words importing the masculine gender may be applied to females. $201.9 Suspension, amendment, etc., of rules. The regulations in this part may, from time to time, be suspended, amended, or revoked, in whole or in part. Notice of any such action will be published in the FEDERAL REGISTER. Also, any regulation in this part may be waived by the Administration or the Presiding Officer to prevent undue hardship in any particular case. Subpart B-Appearance and Practice Before the Administration (Rule 2) § 201.15 Appearance in person or by representative. A party may appeal in person or by an officer, partner, or regular employee of the party, or by or with counsel or other duly qualified representative, in any proceeding under the regulations in this part. A party may offer testimony, produce and examine witnesses, and be heard upon brief and at oral argument if oral argument is granted. Any person compelled to appear in a proceeding pursuant to subpoena may be accompanied, represented, and advised by counsel and may purchase a transcript of his testimony. § 201.16 Authority for representation. Any individual acting in a representative capacity in any proceeding before the Administration may be required by the Administration or the Presiding Officer to show his authority to act in such capacity. § 201.17 Written appearance. Persons who appear at any hearing shall deliver a written notation of ap 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 Administration defined. Practice before the Administration shall be deemed to comprehend all matters connected with any presentation to the Administration or its staff. § 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 Officers 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 proo 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 §§ 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 sufficiency 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 Offcer. 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 § 201.26 Former employees. (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) § 201.30 Parties; how designated. The term "party", whenever used in The Assistant General Counsel, Chief, § 201.32 Substitution of parties. Upon petition and for good cause Subpart D-Form, Execution and § 201.41 Form and appearance of docu- |