« AnteriorContinuar »
SUBCHAPTER D-FEDERAL SHIP MORTGAGE AND LOAN INSURANCE
SUBCHAPTER F-MERCHANT SHIP SALES ACT OF 1946
Cross REFERENCES: Bureau of Customs, Department of the Treasury: See Customs Duties,
19 CFR Chapter I.
Waters, 33 CFR Chapter III.
Chapter I; 41 CFR, 11; 46 CFR, I.
SUBCHAPTER A-POLICY, PRACTICE AND PROCEDURE
PART 201—RULES OF PRACTICE Soc.
201.43 Service by parties.
Subpart 1 Summary Disposition (Rule 9) Sec. 201.91 Filing of motions, answers. 201.92 Ruling on motion. 201.93 Review of ruling, appeal. Subpart 1-Prehearing Conference; Settlements;
Procedural Agreements (Rule 10) 201.101 Prehearing conference. 201.102 Prehearing rulings. 201.103 Opportunity for agreement of
parties and settlement of caso. Subpart K-Discovery and Depositions
(Rule 111 201.109 Discovery and production of docu.
ments. 201.110 Depositions: request for orders to
take; time of Aling. 201.111 Contents of order. 201.112 Record of examination; oath; ob
Jections. 201.113 Submission to witness, changes,
signing. 201.114 Certification and Aling by oficer;
copies. 201.115 Walver of objections and admissi
bility. 201.116 Time of Aling. 201.117 Inclusion in record. 201.118 Witness fees; expenses of taking
Subpart Subpoenas (Rule 12) 201.121 Application for subpoena ad testi
ficandum. 201.122 Application for subpoena duces
tecum. 201.123 Standards for issuance of subpoena
duces tecum. 201.124 Service and quashing of subpoenas. 201.125 Attendance and mileage fees. 201.126 Service of subpoenas. 201.127 Subpoena of Administration am
ployees, documents, or things. Subpart M—Hearing Procedures (Rule 13) 201.131 Presentation of evidence. 201.132 Conduct of the hearing. 201.133 Appeal from ruling of presiding
officer. 201.134 Separation of functions.
Subpart N-Evidence (Rule 14) 201.136 Evidence admissible. 201.137 Rights of parties as to presentation
of evidence. 201.138 Unsponsored written material. 201.139 Documents containing matter both
material and not material. 201.140 Records in other proceedings. 201.141 Stipulations. 201.142 Further evidence required by pre
siding officer during hearing. 201.143 Exceptions to rulings of presiding
officer unnecessary. 201.144 Offer of proof. Subpart 0—The Record: Contents; Development;
Perfection; Confidential Treatment (Rule 15) 201.146 Receipt of documents after hearing. 201.147 Omcial transcript.
Decisions, Exceptions (Rule 16) 201.155 Briefs; requests for findings. 201.156 Requests for extension of time for
filing briefs. 201.157 Reopening of a case by presiding
officer prior to decision. 201.158 Decisions; authority to make and
kinds. 201.159 Decisions; contents and service. 201.160 Decision based on official notice. 201.161 Exceptions to, and review by the
Administration of initial or rec
ommended decisions. 201.162 Replies to exceptions. 201.163 Request for extension of time for
filling exceptions and replies
thereto. 201.164 Certification of record by presid.
Final Decision (Rule 17) 201.166 Oral argument. 201.167 Submission to Administration for
final decision. R-Stay of Administration's Decision;
Reopening of Proceedings (Rule 18) 201.171 Stay of Administration's decision. 201.172 Time for aling petition to reopen. 201.173 Reopening by Administration and
modification or setting aside of
decision. 201.174 Petition for reopening. 201.175 Answers to petition to reopen. Subpart Judicial Standards of Practico
(Rule 19) 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
Subpart U-Charges for Orders, Notices,
Rulings, Decisions 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) 8 201.1 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. 8 201.2 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. 8 201.3 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. 8 201.4 Inspection of records.
The Alles 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 Ofice 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 ofices of the Maritime Administration. 8 201.5 Searching, copying, and certifi
cation 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.
(4) General: (i) If copy is to be transmitted to the applicant by registered, air, or special delivery mail, the postal fees will be added to the fees for copying (or the request must include postage stamps or stamped return envelopes).
(ii) The cost of special handling or packaging shall also be included in the total fee charged.
(iii) Minimum charge, 50 cents.
(5) Medical records of merchant seamen, including packaging and postage: Searching-
3. 00 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 lan
guages. 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.
8 201.7 Information; special instruc
tions. 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. 8 201.8 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. 8 201.9 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 Prac
tice 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 & written notation of ap