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890.9 When formal procedure may be to the development of a recommended invoked.

decision for the consideration of the In the event the Chief, Population Director without a hearing. If the Division, is unable to resolve the chal State or unit of local government relenge to the satisfaction of the chal quests that a hearing be conducted, the lenging State or unit of local govern hearing officer shall establish the date, ment, the challenging State or unit of time, and meeting place for the hearlocal government shall be informed in ing, in accordance with $ 19.14a. writing of the reasons for the outcome and of its right to proceed formally. 8 90.14 Hearing. 8 90.10 Form of formal challenge and

(a) The hearing shall be conducted by time limit for filing.

the same hearing officer who collected The formal challenge shall be in writ

the documentary evidence, if possible,

and shall be held at Bureau of the Cening and may be mailed or hand delivered to the Director, Bureau of the

sus headquarters in Suitland, Md., unCensus, Washington, D.C. 20233. The

less the hearing officer determines that formal challenge shall include a list in

the hearing should be held elsewhere. dicating the material submitted to the (b) The hearing shall be conducted in Chief, Population Division, during the a manner so as to bring out the pertiinformal stage, and shall include any nent facts relating to the challenge. additional relevant material it chooses (c) The rule of evidence will not be to submit. The formal challenge shall strictly enforced but irrelevant and unbe filed within 30 days of the date the duly repetitious testimony shall be exState or unit of local government re cluded. ceives notification by certified mail

(d) Cross-examination of all wit(return receipt requested) of its right

nesses is permitted and all testimony to proceed formally. If, however, a

shall be received under oath or affirmaState or unit of local government has a

tion. sufficiently meritorious reason for not filing in a timely manner, the Bureau

(e) The hearing officer shall have the has the discretion to accept the formal

authority to: (1) Administer oaths or challenge.

affirmations, (2) rule on the admissi

bility of evidence, (3) limit the number 890.11 Appointment of hearing officer. of witnesses, (4) exclude any person

Upon receipt of a formal challenge from the hearing room for contumafiled in accordance with this part, the cious conduct or misbehavior that obDirector will appoint a hearing officer structs the bearing, (5) perform other to receive written and oral evidence. such acts as are necessary or appro

priate to the efficient conduct of any 890.12 Qualifications of hearing offi. proceeding, and (6) make initial findcer.

ings, analyses, and recommendations. The hearing officer, a person not in- (f) The hearing shall be recorded but volved in the preparation of the esti no written record will be prepared unmates being challenged, shall be ap less the Bureau so orders or unless the pointed by the Director from a roster challenging locality desires one in of employees of the Bureau of the Cen

whole or part and pays the costs of sus who have been approved in advance

such a written record, or the apporby the Assistant Secretary for Admin

tioned costs should the Bureau also deistration, Department of Commerce.

sire a written record. 890.13 Offer of hearing.

(g) The hearing officer shall prepare

findings, analyses, and recommendaThe hearing officer shall receive the

tions and shall transmit them along formal challenge and shall notify the

with all documentary evidence reState or unit of local government in

ceived and the tape or written record writing of (a) its right to a hearing

(if any) of the hearing to the Director. prior to the development of a recommended decision for the consider [44 FR 20647, Apr. 6, 1979, as amended at 50 ation of the Director; and (b) its right FR 18990, May 6, 1985]

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$ 90.15 Decision by Director. · Upon receiving the material specified in $90.14(g), the Director shall (a) review the findings and recommendations of the hearing officer, and (b) prepare and transmit a letter to the challenging State or unit of local government stating the decision and the reasons therefor. A copy of the hearing officer's findings, analyses, and recommendations shall also be transmitted to the challenging State or unit of local government, and is otherwise publicly available. This decision is final for the Department of Commerce.

PART 100—SEAL

Sec.
100.1 Authority.
100.2 Description.
100.3 Custody.

AUTHORITY: R.S. 161, as amended, sec. 3, 68 Stat. 1012, as amended (5 U.S.C. 301, 13 U.S.C. 3).

SOURCE: 25 FR 2163, Mar. 16, 1960, unless otherwise noted. Redesignated at 50 FR 23947, June 7, 1985.

$90.16 Notification of adjustment.

In the event that the Director finds that the population or per capita income estimate should be adjusted, the Bureau shall promptly inform the appropriate governmental agencies of the revision.

8 100.1 Authority.

Pursuant to section 3 of Title 13, United States Code, the Bureau of the Census official seal and design thereof, which accompanies and is made a part of this document, is hereby approved.

890.17 Timing for hearing and deci.

sion. A maximum period of 120 days, unless additional time is required for sufficiently meritorious reason, shall be provided beyond the closing date for the filing of informal challenges to allow for (a) resolution of informal challenges, (b) appointment of the hearing officer, and (c) the completion of formal hearings. A maximum of 30 additional days shall be allowed for deliberations by the bearing officer and staff. A maximum of an additional 30 days shall also be provided beyond this during which the Census Bureau Director must rule on all cases. Neither the timing nor the general provisions contained in these regulations shall affect the rights of communities to a review through the data improvement program of the Office of Revenue Sharing under the provisions of Pub. L. 92–512, section 102(b), as amended (31 U.S.C. 1222(b)). Localities challenging only through the Office of Revenue Sharing may not have access to a formal hearing as provided in these regulations.

8 100.2 Description.

Seal: On a shield an open book beneath which is a lamp of knowledge emitting rays above in base two crossed quills. Around the whole a wreath of single leaves, surrounded by an outer band bearing between two stars the words “U.S. Department of Commerce" in the upper portion and “Bureau of the Census" in the lower portion, the lettering concentric with an inner beaded rim and an outer dentilated rim.

$ 100.3 Custody.

The seal shall remain in the custody of the Director, Bureau of the Census or such officer or employee of the Bureau as he designates and shall be affixed to all certificates and attestations that may be required from the Bureau.

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CHAPTER 11-NATIONAL INSTITUTE OF
STANDARDS AND TECHNOLOGY,
DEPARTMENT OF COMMERCE

SUBCHAPTER A-MEASUREMENT SERVICES

Part 200

Page 345

230

Policies, services, procedures, and fees ...................
SUBCHAPTER B-STANDARD REFERENCE MATERIALS
Standard reference materials .........
SUBCHAPTER C_TRANSCRIPT SERVICES—[RESERVED]

SUBCHAPTER D-STANDARDS FOR BARRELS

354

.................

240

356

241

Barrels and other containers for lime .....
Barrels for fruits, vegetables and other dry com-
modities, and for cranberries .......

358

SUBCHAPTER E-FELLOWSHIPS AND RESEARCH ASSOCIATES

255

Fellowships in laboratory standardization and

testing for qualified citizens of other American
Republics .........
Research Associate Program

363 364

256

SUBCHAPTER F-REGULATIONS GOVERNING TRAFFIC AND CONDUCT 265 Regulations governing traffic and conduct on the

grounds of the National Institute of Standards &
Technology, Gaithersburg, Maryland, and Boul-

der and Fort Collins, Colorado ...... SUBCHAPTER G-INVENTION EVALUATION PROCEDURES (RESERVED]

.......

366

SUBCHAPTERS H-I [RESERVED]

280

SUBCHAPTER J-ACCREDITATION AND ASSESSMENT PROGRAMS
Fastener quality .......

.. 371 190-044 D-00--12

343

285

National Voluntary Laboratory Accreditation Pro

gram .......................
National Volutary Conformity Assessment System

Evaluation (NVCASE) Program

....

436

286

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451

SUBCHAPTER K-ADVANCED TECHNOLOGY PROGRAM PROCEDURES

290

455

291

Regional Centers for the Transfer of Manufac

turing Technology ..........
Manufacturing extension partnership; environ-

mental projects
Manufacturing extension partnership; infrastruc-

ture development projects ...
Advanced Technology Program .........
[Reserved]

460

292

469

295
296–299

476

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