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is uncertain as to what happened to his certificates, he should be asked to search again and return in 10 days to fill out Form PS 607. (Exception may be made if delay will cause the depositor hardship.) Form PS 607 must be prepared in duplicate. The serial numbers of the missing certificates should be verified against those on Form PS 600. The application must not be certified in the postmaster's name until the identification data in section E, paragraph 4, has been verified with that on the Form PS 600 to identify the applicant as the true depositor. Any difference between item 39 of the postal savings records and the total of Form PS 600 should be shown on Form PS 607. The amount of the outstanding balance shown on Form PS 600 should be written in the space to the right of the words "Section B" (on both original and duplicate).

(3) Postmasters will forward the original Form PS 607 and the Form PS 600 to the postal data center for verification and payment of missing certificates direct to depositor. Postmasters will retain the duplicate of Form PS 607 as a record of the amount transferred to the postal data center. The total of all Forms PS 607 sent to the postal data center during the reporting period should be entered under item 39 on Form 704 or 714 with an explanation. Postmasters shall file duplicates of Form PS 607 with the account records of paid postal savings accounts and retain them for 6 years.

(4) Postal data centers will send a check for the total of the missing certificates and interest due direct to the depositor. They will retain the Form PS 600 and original Form PS 607 and will file the Form PS 607 in their permanent files so that if the certificates are presented for payment at any future date there will be evidence that the amount they represent was paid.

(c) Disposition of recovered certificates. The postmaster shall mark recovered certificates "Canceled," enter the date, and send them to the postal data center with an explanation. [32 F.R. 3296, Feb. 25, 1967]

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amount of principal in "Transaction Amount" column, and the balance in "New Balance" column, followed by the initials of the paying clerk in the "By" column, all on the same line. The transaction must be dated opposite original issue of certificate in "Date Paid" column. Certificates must be stamped paid with special paid date stamp and initialed. A report shall be made on Form 713 or Form 708 and the paid certificates shall be sent to postmaster daily. The postmaster must send the paid certificates with Form 704 or Form 714 to the postal data center each accounting period.

(b) Verifying records of accounts. The postmaster shall verify records of accounts as follows:

(1) Daily verification. Do not file Forms PS 600 which have been withdrawn in the day's business until the payments and extensions have been verified by adding separately the payments recorded for the day and the balance to the credit of depositors before and after entry of the day's business. Check the total of payments against the payments as recorded in Form 708 or Form 713.

Verify

(2) Six months' verification. the balance in item 39 of Form 704 or 714 with the total of the balances on the depositors' Forms PS 600 every 6 months. If the totals do not agree, check addition or subtraction on depositor's cards. If no error is found, check the entries on the cards with the records of certificates paid. Place a dummy account card, Form PS 600, in the front of the file, on which enter the amount of the difference (circling the amount if the total of the balances of the Forms PS 600 is in excess of the amount in item 39 of the Form 704 or 714). Report to the postal data center for additional instructions only when an unusual situation arises.

(c) Filing and closing accounts. The postmaster shall file and close accounts as follows:

(1) Filing. File the Forms PS 600 numerically by account numbers. Maintain an alphabetical cross-index card file (if many accounts) showing the depositor's name and account number.

(2) Closing. Mark the depositor's Form PS 600 "Account Closed" when all certificates issued to a depositor have been paid. Place in a separate file with other closed accounts in numerical order.

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201.65

Subpart E-Rules of Procedure to Obtain Permits
To Manufacture Air-Letter Sheets
Aerogrammes (Air-letter sheets) per-
mit to manufacture for sale
Subpart F-[Reserved]

Subpart G-Rules of Procedure Governing Approval of Mail Chutes and Receiving Boxes 201.75 Mail chutes and receiving boxes. Subpart H-Rules of Procedure Relating to the Disposition of Money or Other Property Recovered by Postal Inspectors

201.80 Disposition of money or other property recovered by Postal Inspectors. Subpart -Rules of Procedure Relating to the Payment of Rewards

201.82 Payment of rewards.

Subpart J-Rules of Procedure Governing the Compromise of Obligations

201.85 Compromise of obligations.

Subparts K and L-[Reserved]

Subpart M-Rules of Procedure for Contract Financing

201.130 Progress payments. 201.131 Partial payments.

Subpart N Rule Making Procedures of the Post
Office Department
Sec.

201.200 Rule making

Subpart O-Procedure to Adjudicate Claims for
Personal Injury or Property Damage Arising
Out of the Operation of the Postal Service
Character and limit of claims.
Time limit for filing.

201.250 201.251

Place of filing.

Manner of filing claims.

201.252

201.253

By whom claims may be filed.

201.254

201.255

201.256

and

201.257 Review of adjudications.

Evidence required to support claim. Adjudication

claims.

settlement

Subpart A-[Reserved]

Subpart B-[Reserved]

of

Subpart C-Rules of Practice in Proceedings To Revoke Orders Changing the Mode of Transportation of Periodical Mail of the Second-Class § 201.50 Rules of practice_governing proceedings before the Post Office Department to revoke orders changing the mode of transportation of periodical mail of the second class. (a) Proceedings governed. This section shall govern all proceedings under 39 U.S.C. 6212, relating to the revocation of orders of the Post Office Department changing the mode of transportation of periodical mail.

(b) How instituted. Whenever the owner of any publication entered as second class matter believes that a Post Office Department order requiring the transportation of his publication by freight constitutes unjust discrimination he may petition the Assistant Postmaster General, Bureau of Transportation, for revocation of said order.

(c) Contents of petition. The petition shall state the statute and portions

of the regulations of the Post Office Department involved; shall identify the order sought to be revoked; and shall contain a concise statement of the manner in which the said order is alleged to constitute unjust discrimination. All petitions shall be signed by the petitioner or his attorney. If the petitioner is a corporation, association or partnership the petition shall be signed by a bona fide officer thereof or by one or more partners. All petitions shall show the office and post office address of the petitioner. All petitions shall be verified. Petitions may be accompanied by supporting affidavits or other documentary evidence.

(d) Filing. The original and two copies of the petition shall be filed with the Assistant Postmaster General, Bureau of Transportation, Post Office Department, Washington 25, D. C.

(e) Amendment. The petition may be amended or supplemented at any time prior to the hearing.

(f) Designation of Trial Examiners. All hearings shall be held before one or more trial examiners designated by the Postmaster General to preside at administrative proceedings before the Post Office Department.

(g) Authority of Trial Examiners; powers. The Trial Examiners are charged with the duty of conducting a fair, impartial, expeditious and orderly hearing to the end that petitioners shall have a full and fair hearing. Trial Examiners shall have the authority to rule upon offers of proof; to receive oral or documentary evidence; to regulate the course of the hearing and the conduct of participants; to grant continuances after commencement of the hearing; dispose of procedural motions; hold prehearing conferences for the settlement or simplification of the issues by consent of the parties; require oral argument or briefs upon any question at the close of the hearing; and make recommended decisions to the Assistant Postmaster General, Bureau of Transportation. The Trial Examiners shall have no power to decide any matter which involves a final determination of the merits of the proceeding.

(h) Place of hearing. In setting the place for the hearing due regard will be given to the convenience and necessity of all parties.

(i) Preliminary review of petition. Upon receipt of the petition the Assistant Postmaster General, Bureau of Transportation, shall, when time, the

nature of the proceeding and public interest permit, examine the same and determine whether the relief requested can be granted upon the basis of the matter submitted.

(j) Responsive pleadings. If the petition cannot be granted as provided in paragraph (i) of this section the Assistant Postmaster General, Bureau of Transportation, shall serve a copy thereof upon the General Counsel of the Post Office Department, the Trial Examiners and any person or concern directly interested in the proceedings. He shall also notify the interested parties that they may intervene, if they see fit, by filing a responsive pleading within the time limit designated. The General Counsel of the Post Office Department shall also be required to file a responsive pleading. Responsive pleadings shall clearly show the controverted issues of fact or law.

(k) Date and time of hearing. After the time for filing responsive pleadings has expired the Assistant Postmaster General, Bureau of Transportation, shall set a time and place for the hearing.

(1) Continuances prior to commencement of hearing. Continuances of the hearing will be granted only in unusual or extraordinary circumstances. All requests for continuances prior to the commencement of the hearing shall be in writing and directed to the Assistant Postmaster General, Bureau of Transportation. The request shall contain a concise statement of the basis for the continuance.

(m) Prehearing conferences. In any proceeding assigned for hearing the Trial Examiners or either party may request a prehearing conference for the settlement or simplification of the issues by consent of the parties. No transcript of such conference shall be made but the Trial Examiners shall prepare and file for the record a written summary of the action taken at the conference which shall incorporate any written stipulations or agreements made by the parties at the conference or as a result of the confer

ence.

(n) Order of procedure. The Petitioner shall have the burden of proof and shall have the right to open and close.

(0) Witnesses. All witnesses shall be duly sworn and shall be subject to crossexamination.

(p) Evidence. Competent, material and relevant oral or documentary evidence may be offered and received. Doc

umentary evidence must be properly identified or authenticated. Three copies of all documentary exhibits must be supplied for the record.

(q) Objections. If any party objects to the admission or rejection of any evidence, or to the limitation of the scope of direct or cross-examination, he shall state briefly the grounds for such objection. Exceptions to all adverse rulings are automatic. The objection, grounds and ruling thereon shall become a part of the record. Oral argument thereon shall be omitted from the record.

(r) Subpoenas. The Post Office Department is not authorized by law to issue subpoenas requiring the attendance or testimony of witnesses.

(s) Oral argument. At the conclusion of the testimony the parties shall have the right to argue the issues orally before the Trial Examiner, within such limits as to time and subject matter as may be prescribed by him. Oral arguments shall become a part of the record of the case. The petitioner shall have the right to open and close.

(t) Transcript of proceedings. The hearing shall be reported and transcribed by the reporting system made available by the Post Office Department. Said transcript together with all preliminary papers filed in the case and exhibits received in evidence and those identified and offered but excluded and which are necessary to complete the record of the proceeding and all briefs, proposed findings of fact and conclusions of law; the Trial Examiner's findings, report and recommended decision, shall be included in the official record of the proceeding and shall become a part of the files of the Post Office Department. A copy thereof shall be loaned to each party for use in preparing briefs and must be returned to the Department with the brief.

(u) Briefs. Within such time limit as the Trial Examiner shall specify and prior to any recommended decision each party may file a brief and proposed findings of fact and conclusions of law. If it shall be deemed necessary the Trial Examiner may require the attorney for the Department to brief his side of the

case.

(v) Trial Examiner's report. Upon the basis of the entire record as hereinabove defined the Trial Examiner shall promptly prepare a report which shall include his recommended decision and his rulings upon each proposed finding of

fact and conclusion of law with the reasons or basis for such ruling, and transmit it to the Assistant Postmaster General, Bureau of Transportation, together with the transcript of proceedings. Such report will be advisory only and not binding upon the Assistant Postmaster General, Bureau of Transportation.

(w) Decision. Upon the basis of the transcript of proceedings, the Assistant Postmaster General, Bureau of Transportation, shall revoke the order in question or deny the petition. No oral argument before the Assistant Postmaster General, Bureau of Transportation will be allowed.

(x) Administrative appeals. Section 6212 of Title 39, U.S. Code, provides for direct appeal to the United States Court of Appeals for the District of Columbia within twenty days of any final decision adverse to the petitioner. Rehearings or administrative appeals to the Post Office Department are neither allowed nor necessary.

(R.S. 161, as amended; 5 U.S.C. 301, 39 U.S.C. 309, 501, 6212) [26 F.R. 11657, Dec. 6, 1961] Subpart D-Rules of Procedure Relating to Fines, Deductions, and Damages

AUTHORITY: The provisions of this Subpart D issued under R.S. 161, as amended, sec. 901, 72 Stat. 783; 5 U.S.C. 301, 39 U.S.C. 309, 501, 6203, 6207, 6208, 6304, 6434, 6435, 49 U.S.C. 1471.

SOURCE: The provisions of this Subpart D appear at 26 F.R. 11658, Dec. 6, 1961, unless otherwise noted.

201.60 Fines, deductions, and damages. (a) Fines. Where evidence is found or reported against:

(1) Rail and noncontractual steamship and air carriers for unjustified failure to discharge their responsibilities in violation of the applicable provisions of Title 39, or Title 49, U.S. Code, or of the Rules, Regulations and Orders of the Postmaster General issued under those statutory provisions, or for other irregularities or delinquencies;

(2) Mail contractors for failure to observe the contract terms or failure to perform full service, or for other irregularities or delinquencies;

such carriers and contractors, after investigation, are given notice of the irregularity or delinquency, in writing, by an official representative of the Postal Service. They are given reasonable opportunity to answer the charges and

explain the alleged irregularity or delinquency. The facts are briefed, and a full report and recommendations are forwarded together with the answer: (i) In the case of steamship carriers performing non-contract services directly to the Bureau of Transportation; (ii) in all other cases, to the Distribution and Traffic Manager who examines and reviews the charges in order to determine the responsibility of the carrier or contractor involved and, if the facts warrant, imposes fine or deduction computed in accordance with statutory, regulatory, or contractual provisions. The Distribution and Traffic Manager may charge directly, in the first instance, the contractor or carrier, in which case the answer shall be filed with the Distribution and Traffic Manager.

NOTE: Postal Field Officials use Form 5178, Notification of Irregularity in Service-DelayDamage to Parcel Post Mail. (For Surface Carriers), and Form 2759, Report of Irregular Handling of Air Mail. (For Air Carriers.)

(b) Deductions. The same procedure as in paragraph (a) of this section is followed in making deductions for failure to perform service as required except that the Distribution and Traffic Manager is authorized, upon an evaluation of the evidence, to waive omissions of service or make deductions therefor in payments made to mail contractors.

NOTE: Postal Field Officials use Form 5440C-D-E, Contract Route Service Order, to notify star route contractors of deductions ordered, and the remission of previous deductions is ordered on the basis or in view of the facts.

(c) Damages. Damage cases are investigated in the same manner as fine cases. Where it is found, after investigation, that the Government has suffered a loss through the payment of indemnity or otherwise as a result of damage to or loss of mails, such loss may be taken into consideration in determining the amount of the fine. The Distribution and Traffic Manager determines if a fine should be imposed for damage to or loss of mail.

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(b) Mail contractors including air and steamship carriers performing contract services and only when discharging contractual obligations may take an appeal from the findings of fact or decision of the Distribution and Traffic Manager to the Board of Contract Appeals. The rules of procedure for appeal of the contractor are covered by Subpart L, Rules of Procedure for the Board of Contract Appeals, of this part.

Subpart E-Rules of Procedure to Obtain Permits To Manufacture AirLetter Sheets

§ 201.65 Aerogrammes, (Air-letter sheets), permit to manufacture for sale.

Persons or firms proposing to manufacture aerogramme sheets for sale shall submit ten samples of the proposed areogrammes to the Director, International Service Division, Bureau of Transportation, Post Office Department, Washington 25, D.C., and receive approval before engaging in the production of such sheets for sale. See § 241.5 of this chapter.

(R.S. 161, as amended; 5 U.S.C. 301, 39 U.S.C. 309, 501, 2502) [26 F.R. 11659, Dec. 6, 1959]

Subpart F-[Reserved]

Subpart G-Rules of Procedure Governing Approval of Mail Chutes and Receiving Boxes

§ 201.75 Mail chutes and receiving boxes.

(a) Use. (1) Mailing chutes and receiving boxes may be placed at the expense of the owner in public buildings, railroad stations, hotels, and business or office buildings of not less than 4 stories, and apartment houses of not less than 40 residential apartments. Buildings in which receiving boxes are located must be open to the general public, without restrictions, during the hours prescribed for mail collections. If the owner of a building does not desire to install a mail chute and receiving box, a receiving box only may be installed, provided the postmaster has determined it is necessary and has approved its installation.

(2) Mailing chutes and receiving boxes are intended for the reception or deposit of mail matter of the first class and must not be used for the deposit of mail of any other class.

(b) Approval of installation. (1) Requests for the installation of mailing

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