(5) Taking an active part in managing the political campaign of a partisan candidate for public office or political party office;

(6) Becoming a partisan candidate for, or campaigning for, an elective public office;

(7) Soliciting votes in support of or in opposition to a partisan candidate for public office or political party office;

(8) Acting as recorder, watcher, challenger, or similar officer at the polls on behalf of a political party or partisan candidate;

(9) Driving voters to the polls on behalf of a political party or partisan candidate;

(10) Endorsing or opposing a partisan candidate for public office or political party office in a political advertisement, a broadcast, campaign literature, or similar material;

(11) Serving as a delegate, alternate, or proxy to a political party convention; (12) Addressing a convention, caucus, rally, or similar gathering of a political party in support of or in opposition to a partisan candidate for public office or political party office; and

(13) Initiating or circulating a partisan nominating petition.

§ 151.123 Political management and political campaigning; exceptions. Section 151.122 does not apply to(a) The Governor or Lieutenant Governor of a State or an individual authorized by law to act as Governor;

(b) The Mayor of a city;

(c) A duly elected head of an executive department of a State or municipality who is not classified under a State or municipal merit or civil service system;

(d) An individual holding elective office; or

(e) Activity in connection with a nonpartisan election.

An application or request for an order or ruling not otherwise specifically provided for in this part shall be made by motion addressed to the Commission or the hearing examiner. The motion and supporting reasons shall be served on the parties. Objections to a motion shall be submitted within 10 days after the motion is served, except that a motion for continuance or extension of time may be ruled on ex parte.

§ 151.135 Hearings.

(a) Unless the respondents and the General Counsel agree to waive a hearing, on receipt of the case the hearing examiner shall schedule a hearing, considering the convenience of the parties as to time and place. The hearing examiner shall notify the parties of the date and place of the hearing at least 10 days in advance. A hearing under this part is public, except when the Commission or the hearing examiner for good cause orders otherwise.

(b) The Commission issues subpenas requiring the attendance of witnesses or the production of documents on application of a party to the proceedings. An application for a subpena for the production of documentary evidence shall specifically describe, and show the relevancy and materiality of, the documents sought. The Commission may order the taking of depositions for good cause shown on application of a party to the proceedings.

(c) Testimony is under oath or affirmation. Witnesses who testify are subject to cross-examination. The party at whose instance a witness appears pays the witness fee and mileage that are payable in the courts of the United States.

(d) The hearing is recorded by a reporter designated by the Commission. Copies of the transcript are made avail

able to the respondents at the rate fixed by contract between the Commission and the reporter.

§ 151.136 Powers of the hearing examiner.

The hearing examiner may:

(a) Administer oaths and affirmations; (b) Rule on offers of proof and receive relevant evidence;

(c) Fix the time and place of hearing; (d) Regulate the course of the hearing;

(e) Exclude any person from the hearing for contumacious conduct or misbehavior that obstructs the hearing;

(f) Hold conferences for simplification of the issues, or for any other purpose; (g) Dispose of procedural requests or similar matters;

(h) Authorize, and set the time for, the filing of briefs, memorandums of law, or other documents as may be required in the proceedings;

(i) Grant continuances and extensions of time; and

(j) Take any other action in the course of the proceedings consistent with the purpose of this part.

§ 151.137 Decision.

(a) The presiding hearing examiner (or any designated hearing examiner, if the hearing is waived) initially decides the case. Before preparing his decision, the hearing examiner shall give the parties an opportunity to submit proposed findings and conclusions, with supporting reasons. The hearing examiner shall serve a copy of his decision on the parties or counsel by certified or registered mail. The parties may file exceptions to the decision of the hearing examiner, with supporting reasons, within 30 days from the date of service.

(b) When the hearing examiner decides that there has been no violation of the statute or a violation that does not warrant removal, his initial decision becomes the final decision of the Commission without further proceedings unless, within 30 days from the date of service of the decision, a party appeals to the Commission, or the Commission, on its motion, decides to review the case.

(c) When the hearing examiner decides that there has been a violation of the statute that warrants removal, he prepares a recommended decision for consideration by the Commission.

(d) On appeal from or review of a decision of the hearing examiner, the

Commission makes its decision on the record and notifies the State or local officer or employee and the State or local agency employing him. When a violation so warrants, the Commission recommends the removal of the State or local officer or employee. If the State or local officer or employee is not removed, or if he is removed and is reemployed within 18 months in a State or local agency of the same State, the Commission may direct the withholding from the next Federal loan or grant to the appropriate State or local agency of an amount equal to 2 years' pay at the rate the State or local officer or employee was receiving at the time of the violation. [35 F.R. 16783, Oct. 30, 1970, as amended at 35 F.R. 17705, Nov. 18, 1970]

§ 151.138 Withholding order.

(a) The General Counsel initiates proceedings for withholding order by filing a petition with the hearing examiner.

(b) When the petition of the General Counsel on its face shows good cause for withholding of funds, the hearing examiner prepares a proposed withholding order and serves it on the State or local agency. This order becomes final without further proceedings unless the State or local agency submits exceptions to it within 30 days after service.

(c) A State or local agency that submits exceptions is entitled to a hearing and a decision on the record of the hearing.

(d) After the hearing or, if the hearing is waived, after receipt of the exceptions of the State or local agency, the hearing examiner recommends a decision to the Commission.

(e) When the Commission decides that funds should be withheld, it serves a withholding order on the appropriate Federal agency, with a copy to the State or local agency.

PART 175-CSC SECURITY PROGRAM § 175.101 Requests for review of classification of documents.

A person desiring a review of the classification of a Commission document under Executive Order 11652 and the National Security Council Directive Governing the Classification, Downgrading, Declassification and Safeguarding of National Security Information shall submit his request in writing to the Commission's Security Officer. Procedures for submitting requests for review of classi

REQUESTS FOR DECLASSIFICATION REVIEW

The following guidance is provided for members of the public desiring a classification review of a document of the Civil Service Commission (CSC) pursuant to section 5. (c) of Executive Order 11652 (37 F.R. 5209, March 10, 1972) and section III.B of the National Security Council Directive Governing the Classification, Downgrading, Declassification and Safeguarding of National Security Information (37 F.R. 10053, May 19, 1972).

(a) Request for classification review of documents. (1) Any person desiring a classification review of a CSC document containing information classified as National Security Information by reason of the provisions of Executive Order 11652 (or any predecessor Executive order) and which is more than 10 years old, should address such requests to the Security Officer, U.S. Civil Service Commission, Washington, D.C. 20415. (2) Requests need not be made on any special form but shall, as specified in the Executive order, describe the document with sufficient particularity to enable CSC personnel to identify and obtain the document from CSC records without expending more than a reasonable amount of effort. (3) Charges for locating and reproducing copies of records will be made when deemed applicable in accordance with title 5 of the Independent Offices Appropriations Act, 1952, 65 Stat. 290, 31 U.S.C. 483a and the requester will be so notified.

(b) Action on requests for classification review. (1) The Security Officer shall assign the request to the appropriate office for action. The Security Officer or the office which has been assigned action shall immediately acknowledge receipt of the request in writing. Every effort will be made to complete action on each request within thirty (30) days of receipt of the request. If action cannot be completed within thirty (30) days, the requester shall be so advised by the Security Officer or the office acting on the request along with the reasons for the need for additional time. (2) If the requester does not receive a decision on his request within sixty (60) days from the date of receipt of his request by CSC, or from the date of the most recent receipt of his response to a CSC request for more particulars, he may apply to the CSC Committee on Classification of Security Information, U.S. Civil Service Commission, Washington, D.C. 20415, for a decision on his request. (3) In the event the Security Officer or the office which has been assigned action on the request makes the determination that the requested information must remain classified by reason of the provisions of Executive Order 11652, the requester shall be given prompt notifica

tion of that decision and, whenever possible, shall be provided with a brief statement as to why the information or material cannot be declassified. He shall also be advised that if he desires he may appeal that determination to the CSC Committee on Classification of Security Information, U.S. Civil Service Commission, Washington, D.C. 20415. Any such request shall include a brief statement as to why the requester disagrees with the decision which he is appealing. (4) The CSC Committee on Classification of Security Information shall normally render its decision within thirty (30) days of receipt of a request. If a longer period is likely to be required because of the need for additional communications or conferences with the requester, he shall be advised of the time needed to complete review of the matter.

(c) Appeal to Interagency Classification Review Committee. Whenever the CSC Committee on Classification of Security Information confirms a determination for continued classification, it shall so notify the requester who shall be entitled to appeal that action to the Interagency Classification Review Committee established under section 7(A) of Executive Order 11652. Such appeals should be addressed to the Interagency Classification Review Committee, The Executive Office Building, Washington, D.C. 20500.

(d) Suggestions and complaints. Any person may also direct suggestions or complaints with respect to the administration of the other provisions of Executive Order 11652 and the NSC Directive by the CSC to the CSC Committee for Classification Security Information, U.S. Civil Service Commission, Washington, D.C. 20415.

of

(e) Other material. CSC Administrative Manual, Chapter 175.02 covering CSC policies and procedures relating to classified information or material is available for inspection by the public in the CSC Library, Room 5H27, 1900 E Street NW., Washington, D.C. or in one of the 10 CSC regional offices in the following cities: Atlanta, Boston, Chicago, Dallas, Denver, New York, Philadelphia, St. Louis, San Francisco, and Seattle.

(E.O. 11652, 37 F.R. 5209) [37 F.R. 21925, Oct. 17, 1972]

Sec.

177.108 Referral to Department of Justice. 177.109 Final denial of claim. 177.110

Action on approved claim.

AUTHORITY: The provisions of this Part 177 issued under 28 U.S.C. 2672; 28 CFR 14.11.

SOURCE: The provisions of this Part 177 appear at 33 F.R. 12405, Sept. 4, 1968, unless otherwise noted.

§ 177.101 Scope of regulations.

This part applies only to claims asserted under the Federal Tort Claims Act, as amended, accruing on or after January 18, 1967, for money damages against the United States for injury to or loss of property or personal injury or death caused by the negligent or wrongful act or omission of an officer or employee of the Commission (referred to in this part as an "employee") while acting within the scope of his office or employment.

§ 177.102

Administrative claim; when presented; appropriate Commission office.

(a) For the purpose of this part, a claim is deemed to have been presented when the Commission receives, at a place designated in paragraph (b) or (c) of this section, an executed "Claim for Damage or Injury", Standard Form 95, or other written notification of an incident, accompanied by a claim for money damages in a sum certain for injury to or loss of property, for personal injury, or for death alleged to have occurred by reason of the incident. A claim which should have been presented to the Commission, but which was mistakenly addressed to or filed with another Federal agency, is deemed to be presented to the Commission as of the date that the claim is received by the Commission. If a claim is mistakenly addressed to or filed with the Commission, the Commission shall forthwith transfer it to the appropriate Federal agency, if ascertainable, or return it to the claimant.

(b) Except as provided in paragraph (c) (1) of this section, a claimant shall mail or deliver his claim to the Office of the General Counsel, U.S. Civil Service Commission, 1900 E Street NW., Washington, D.C. 20415.

(c) (1) When a claim is for $200 or less and does not involve a personal injury, the claimant shall mail or deliver it to the Director of the Commission's Regional Office in which the Commission employee whose negligence or wrongful

act or omission is alleged to have caused the loss or injury complained of is employed. In these cases, the address of the appropriate Regional Director is one of the following:

Atlanta Region-Atlanta Merchandise Mart, 240 Peachtree Street NW., Atlanta, Ga. 30303.

Boston Region-Post Office and Courthouse Building, Boston, Mass. 02109.

Chicago Region-Main Post Office Building, 433 West Van Buren Street, Chicago, Ill. 60607.

Dallas Region-1114 Commerce Street, Dallas, Tex. 75202.

Denver Region-Building 20, Denver Federal Center, Denver, Colo. 80225.

New York Region-News Building, 220 East 42d Street, New York, N.Y. 10017. Philadelphia Region-Customhouse, Second and Chestnut Streets, Philadelphia, Pa. 19106.

St. Louis Region-1256 Federal Building, 1520 Market Street, St. Louis, Mo. 63103. San Francisco Region-Federal Building, Box 36010, 450 Golden Gate Avenue, San Francisco, Calif. 94102.

Seattle Region-302 Federal Office Building, First Avenue and Madison Street, Seattle, Wash. 98104.

(2) If the Commission employee's office of employment is the Central Office of the Commission or is not known and not reasonably ascertainable, the claimant shall mail or deliver his claim to the Office of the General Counsel, United States Civil Service Commission, 1900 E Street NW, Washington, D.C. 20415. § 177.103 Administrative claim; who may file.

(a) A claim for injury to or loss of property may be presented by the owner of the property interest which is the subject of the claim, his authorized agent, or his legal representative.

(b) A claim for personal injury may be presented by the injured person, his authorized agent, or legal representative.

(c) A claim based on death may be presented by the executor or administrator of the decedent's estate or by any other person legally entitled to assert such a claim under applicable State law.

(d) A claim for loss wholly compensated by an insurer with the rights of a subrogee may be presented by the insurer. A claim for loss partially compensated by an insurer with the rights of a subrogee may be presented by the insurer or the insured individually, as their respective interests appear, or jointly. When an insurer presents a claim asserting the rights of a subrogee, he

shall present with his claim appropriate evidence that he has the rights of a subrogee.

(e) A claim presented by an agent or legal representative shall be presented in the name of the claimant, be signed by the agent or legal representative, show the title or legal capacity of the person signing, and be accompanied by evidence of his authority to present a claim on behalf of the claimant as agent, executor, administrator, parent, guardian, or other representative.

§ 177.104 Investigations.

The Commission may investigate, or may request any other Federal agency to investigate, a claim filed under this part. § 177.105 Administrative claim; evidence and information to be submitted.

(a) Death. In support of a claim based on death, the claimant may be required to submit the following evidence or information:

(1) An authenticated death certificate or other competent evidence showing cause of death, date of death, and age of the decedent.

(2) Decedent's employment or occupation at time of death, including his monthly or yearly salary or earnings (if any), and the duration of his last employment or occupation.

(3) Full names, addresses, birth dates, kinship, and marital status of the decedent's survivors, including identification of those survivors who were dependent for support on the decedent at the time of his death.

(4) Degree of support afforded by the decedent to each survivor dependent on him for support at the time of his death.

(5) Decedent's general physical and mental condition before death.

(6) Itemized bills for medical and burial expenses incurred by reason of the incident causing death, or itemized receipts of payment for such expenses.

(7) If damages for pain and suffering before death are claimed, a physician's detailed statement specifying the injuries suffered, duration of pain and suffering, any drugs administered for pain, and the decedent's physical condition in the interval between injury and death.

(8) Any other evidence or information which may have a bearing on either the responsibility of the United States for the death or the amount of damages claimed.

(b) Personal injury. In support of a claim for personal injury, including pain and suffering, the claimant may be required to submit the following evidence or information:

(1) A written report by his attending physician or dentist setting forth the nature and extent of the injury, nature and extent of treatment, any degree of temporary or permanent disability, the prognosis, period of hospitalization, and any diminished earning capacity. In addition, the claimant may be required to submit to a physical or mental examination by a physician employed by the Commission or another Federal agency. The Commission shall make available to the claimant a copy of the report of the examining physician on written request by the claimant, if he has, on request, furnished the report referred to in the first sentence of this subparagraph and has made or agrees to make available to the Commission any other physician's reports previously or thereafter made of the physical or mental condition which is the subject matter of his claim.

(2) Itemized bills for medical, dental, and hospital expenses incurred, or itemized receipts of payment for such expenses.

(3) If the prognosis reveals the necessity for future treatment, a statement of expected expenses for such treatment.

(4) If a claim is made for loss of time from employment, a written statement from his employer showing actual time lost from employment, whether he is a full- or part-time employee, and wages or salary actually lost.

(5) If a claim is made for loss of income and the claimant is self-employed, documentary evidence showing the amount of earnings actually lost.

(6) Any other evidence or information which may have a bearing on either the responsibility of the United States for the personal injury or the damages claimed.

(c) Property damage. In support of a claim for injury to or loss of property, real or personal, the claimant may be required to submit the following evidence or information:

(1) Proof of ownership of the property interest which is the subject of the claim. (2) A detailed statement of the amount claimed with respect to each item of property.

(3) An itemized receipt of payment for necessary repairs or itemized written estimates of the cost of such repairs. (4) A statement listing date of pur