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Claims Settlement Act of 1949, as General shall render a final decision amended, the claimant may amend his which shall be the decision of the Ofice. claim prior to hearing or after the open- The decision of the Attorney General ing of a hearing in a claim proceeding by shall be returned to the Director for consent of the Chief of the Claims Sec- service on all parties and for the Direction or as allowed by the Hearing Ex- tor's further action in accordance with aminer or the Director.
the rules in this part. (b) The claimant may at any time withdraw his claim by notice in writing
$ 502.11 Pre-hearing conferences. to that effect.
(a) At any time after a claim has
been docketed with the Chief Hearing $ 502.8 Order for hearing.
Examiner and prior to hearing, the The Director, or the Hearing Examiner Hearing Examiner may arrange for the in any docketed claim proceeding, may parties to appear before him at a desigissue an order for hearing. In fixing the nated time and place for the purpose of time for hearing, due regard shall be determining the issues between the given to the status of the claim proceed- parties and obtaining admissions or ing and the convenience of the parties. stipulations with respect to any matters, The order shall specify the time, place, records, or documents which will be reand nature of the hearing. The order lied upon by any party at the hearing. shall be served on all parties a reasonable (b) At the conclusion of the confertime, but not less than ten (10) days in ence, the Hearing Examiner shall preadvance of the hearing, unless the par- pare an order setting forth the issue or ties shall agree to a shorter time.
issues to be determined at the hearing § 502.9 Designation of Hearing Exam
and describing the matters, records, or iner.
documents which the parties have ad
mitted or stipulated. Such order shall Prior to a hearing, a Hearing Exam
be presented to each of the parties for iner shall be designated by the Chief
their approval and when approved by Hearing Examiner.
them shall be made a part of the record § 502.10 Removal of a claim proceed- in the claim proceeding and shall be con
ing and hearing by the Director. clusive as to the action embodied therein. The Director may personally conduct 8 502.12 Consolidation of claims. a hearing and may exercise the other
The Director, the Chief Hearing Exfunctions appropriate to the Hearing
aminer, the designated Hearing Examiner. The Director at any stage of
Examiner, may, where such action will a claim proceeding before a Hearing
expedite the disposition of claims and Examiner, may remove the claim pro
further the ends of justice, consolidate ceeding from the Hearing Examiner.
docketed claims. Decisions of the Director under this section shall first be issued in tentative form $ 502.13 Hearings. and the Director shall fix a time within
(a) All hearings, except hearings bewhich all parties may submit exceptions fore the Director, shall be conducted by and briefs with reference thereto and
a Hearing Examiner. At any time prior after which he shall render his final
to a hearing, a Hearing Examiner may decision. In the case of non-excepted be designated to take the place of the claims, this decision shall be the decision Hearing Examiner previously designated of the Office. In the case of excepted to conduct the hearing. In the case of claims, the Director shall deliver a copy the death, illness, disqualification or of this decision to the Attorney General unavailability of the Hearing Examiner immediately upon its issuance, together presiding in any claim proceeding, anwith the record and all exceptions and other Hearing Examiner may be desigbriefs. Such decision shall become the nated to take his place. Hearing Exdecision of the Office unless within 60 aminers shall, so far as practicable, be days from the date thereof the Attorney assigned to cases in rotation. General by order directs review thereof. (b) The Hearing Examiner may withAn order for review shall fix a time draw from a case when he deems himwithin which the parties may submit self disqualified or he may be withdrawn exceptions and briefs with reference to by the Director after affidavits alleging the decision of the Director. After the personal bias or other disqualifications expiration of such time the Attorney have been filed with the Director and the
matter has been considered by the Direc- of occupation, stating that such record, tor or by a Hearing Examiner upon re- document or other writing came from ferral by the Director.
the files of such enterprise, or from the (c) Hearings shall be open to the
official files of such foreign government. public unless otherwise ordered by the All circumstances in the making of such Director or the Hearing Examiner.
record, document or writing, as well as (d) Subject to the rules of this Office, the lack of opportunity for cross-examiincluding this part, Hearing Examiners nation shall be considered by the Atpresiding at hearings shall have the torney General, the Director or the Hearhearing powers set forth in section 7(b) ing Examiner in determining its weight, of the Administrative Procedure Act. but shall not affect its admissibility. A
(e) Hearing Examiners shall act in- copy of such record, document or writing dependently in the performance of their shall be equally admissible as the origiduties as examiners and perform no nal when accompanied by a certificate of duties inconsistent with their duties and any of the persons hereinabove desigresponsibilities as examiners. Save to nated, stating that it conforms to the the extent required for the disposition of original. The methods of authenticaex parte matters, no Hearing Examiner tion provided for in this rule shall be in shall consult any person or party as to addition to, and not exclusive of, other any fact in issue unless upon notice and methods of authentication. opportunity for all parties to participate. (k) All investigative reports, affidavits, (f) The claimant shall be the moving
or other written statements of persons party and shall have the burden of proof
that reside at a distance of more than on all the issues involved in the claim 100 miles from the place of a hearing or proceeding. The claimant shall proceed
are otherwise unavailable as witnesses, first at the hearing.
when signed by an investigator of this (g) A presumption of the accuracy
Office or any other agency of the United and the validity of the findings in a vest- States, or by the person making such afing order as to ownership of the property fidavit or statement, shall be accepted immediately prior to vesting shall be as evidence and made a part of the recoperative in all claims. Such findings ord in a claim proceeding. All circumshall be deemed accurate and valid stances in the making of such investigaunless contested or put in issue by a
tive report, affidavit, or other written party, in which event such party shall statement, as well as the lack of opporhave the burden of proving his allega
tunity for cross-examination shall be tions as to ownership of the property in- considered by the Attorney General, the volved immediately prior to vesting.
Director or the Hearing Examiner in de(h) Any party and the Hearing Ex- termining its weight, but shall not affect aminer shall have the right and power to its admissibility. A copy of any invescall examine and cross-examine wit- tigative report shall be equally admisnesses, and to introduce into the record sible as the original when accompanied documentary or other evidence.
by a statement of an official of this Of(i) In a claim proceeding, the rules of fice or other agency of the United States evidence prevailing in courts of law and that it is a copy of such report. equity shall not be controlling. How- (1) In the discretion of the Hearing ever, it shall be the policy to exclude ir- Examiner, the hearing may be adjourned relevant, immaterial or unduly repeti- from day to day or adjourned to a later tious evidence.
date or to a different place by announce(j) Any record, document, or other ment thereof at the hearing by the Hearwriting, or any portion thereof, from the ing Examiner or by appropriate notice. files of any foreign industrial, business (m) In the discretion of the Hearing or commercial enterprise, or from the Examiner, any witness may be excluded oficial files of a foreign government, or until he is called upon to testify. Conany subdivision or agency thereof, shall, temptuous conduct at any hearing before if otherwise relevant, be admissible in a Hearing Examiner shall be ground for evidence in a claim proceeding as compe- exclusion from the hearing. Failure or tent evidence of the matters therein refusal of a witness to appear at any such contained, when authenticated by a cer- hearing or to answer any question which tificate of an investigator of this Office has been ruled to be proper may be or any other agency of the United States, ground for the striking out of all testior by a duly designated representative of mony which may have been previously the allied military or civilian authority given by such witness on related matters.
(n) Hearings shall be stenographically reported by a reporter designated by the Director or Chief Hearing Examiner and & transcript of such report shall be a part of the record and the sole official transcript of the proceeding. Such transcript shall include a verbatim report of the hearings. Nothing shall be omitted therefrom except as directed on the record by the Director or the Hearing Examiner. Corrections in the oficial transcript may be made with the consent of the Hearing Examiner to make it conform to the evidence presented at the hearing. Parties desiring copies of the transcript may obtain such copies from the official reporter upon payment of the fees fixed therefor.
(0) Hearings may be waived by the parties and the claim submitted to the Hearing Examiner, or to the Director, with his consent, on a stipulated record or an agreed statement of facts. § 502.14 Witnesses.
(a) Witnesses shall be examined orally under oath or affirmation, to be administered by the Hearing Examiner, except that for good cause testimony may be taken by deposition.
(b) Witnesses summoned before the Director or the Hearing Examiner shall be paid the same fees and mileage which are paid witnesses in the Courts of the United States. Witness fees and mileage shall be paid by the party at whose instance the witnesses appear. § 502.15 Subpoenas.
(a) The Director, or in the case of any docketed claim the Chief Hearing Examiner or the Hearing Examiner, shall upon application by any party, and upon & showing of general relevance and reasonable scope of the evidence sought, issue subpoenas requiring the attendance and testimony of witnesses and the production of evidence under oath, including books, records, correspondence or documents. Application for the issuance of subpoenas duces tecum shall specify the books, records, correspondence or other documents sought.
(b) The Director, Chief Hearing Examiner or the Hearing Examiner before Issuing any subpoena, may require a deposit of an amount adequate to cover the fees and mileage involved. $ 502.16 Depositions.
(a) Any party desiring to take a deposition shall make application therefor in writing, setting forth the reasons why
such deposition should be taken, the name and residence of the witness the matters concerning which it is expected the witness will testify, and the time and place proposed for the taking of the deposition. Thereupon, the Director, or in the case of a docketed claim the Chief Hearing Examiner or the Hearing Examiner, may, in his discretion, issue an order which will name the witness whose deposition is to be taken, state the scope of the testimony to be taken and specify the time when, the place where, and the officer before whom the witness is to testify. Such order shall be served upon all parties by the Director, the Chief Hearing Examiner, or the Hearing Examiner, as the case may be, a reasonable time in advance of the time fixed for taking testimony.
(b) The testimony shall be taken under oath or affirmation and shall be reduced to writing by the officer or under his direction, after which the deposition shall be subscribed by the witness and certified by the officer.
(c) Depositions may also be taken and submitted on written interrogatories in substantially the same manner as depositions taken by oral examination. When a deposition is taken upon written interrogatories and cross-interrogatories, none of the parties shall be present or represented, and no person, other than the witness, a stenographic reporter, and the officer shall be present at the examination of the witness, which fact shall be certified by the officer, who shall propound the interrogatories and crossinterrogatories to the witness in their order and reduce the testimony to writing in the witnesses' own words.
(d) Where the deposition is taken in a foreign country and the oficer designated in the authorization is unavailable, it may be taken before a secretary of an embassy or legation, consul general, consul, vice consul, or consular agent of the United States, or before such person as may be agreed upon by the parties stipulating in writing.
(e) A witness whose deposition is taken pursuant to the rules in this part and the officer taking the deposition, unless he be employed by the Office, shall be entitled to the same fees and mileage paid for like service in the Courts of the United States, which fees shall be paid by the party at whose instance the deposition is taken, who may be required to deposit in advance an amount adequate to cover the fees and mileage involved.
$ 502.17 Documents in a foreign lan
guage. Every document, exhibit or paper written in a language other than English, which is filled in any claim proceeding, shall be accompanied by complete English translation thereof duly verified to be & true and accurate translation. Each copy of every such document, exhibit or paper filed shall be accompanied by & separate copy of the translation. For good cause verification may be waived. If a document, exhibit or paper in a foreign language is offered in evidence at a hearing any dispute as to the accuracy of the translation thereof shall be determined as is any other issue of fact. $ 502.18 Motions.
(a) All motions and requests for rulings addressed to the Director, Chief Hearing Examiner or the Hearing Examiner shall state the purpose of and the relief sought, together with the reasons in support thereof.
(b) All motions and requests for rulings made during a hearing in a claim proceeding may be stated orally and shall be made a part of the transcript.
(c) Motions and requests which relate to the introduction or striking of evidence, or which relate to procedure during the course of a hearing, or to any other matters within the authority of the Hearing Examiner, may be stated orally and shall be ruled on by the Hearing Examiner. No exception need be taken to any ruling in order to entitle & party thereafter in the claim proceeding to assign a ruling as error. $ 502.19 Withdrawal of papers.
(a) No paper, document or claim oficially filed shall be returned unless the Director shall allow such return. The granting of a request to dismiss a claim or withdraw a paper, document or claim does not authorize the removal of the paper, document or claim from the records of the Office.
(b) Where the original of a record, document or other paper is offered in evidence at a hearing a photostatic or conformed copy thereof may be substituted during the course of the hearing with the approval of the Hearing Examiner. 8 502.20 Oral argument.
The Director or the Hearing Examiner, as the case may be, may grant to any
party at the close of a hearing a reasonable period for oral argument and such argument may, with the consent of the hearing officer, be included in the stenographic report of the hearing. $ 502.21 Proposed findings and conclu.
sions. At the close of the reception of evidence before the Hearing Examiner or within a reasonable time thereafter, to be fixed by the Hearing Examiner, any party may, and if directed by the Hearing Examiner shall, submit to the Hearing Examiner proposed findings and conclusions together with a brief in support thereof. Such proposals shall be in writing and shall contain appropriate references to the record. Copies thereof shall be served on all parties. Reply briefs may be filed with the permission of the Hearing Examiner within a redsonable time to be fixed by him. As far as practicable the procedure shall be followed of having claimant's brief filled first, followed by the brief of the Chief of the Claims Section with any reply briefs filed in the same order. § 502.22 Hearing Examiner's decision.
(a) The Hearing Examiner, as soon as practicable after receipt of the complete transcript, all exhibits and briefs, shall make a recommended decision which shall include proposed findings and conclusions as well as the reasons or basis therefor upon all the material issues of fact or law presented on the record. Such recommended decision shall become part of the record.
(b) At any time prior to the filing of his recommended decision, the Hearing Examiner may, for good cause, re-open the case for the reception of further evidence.
(c) A copy of the Hearing Examiner's recommended decision shall be served upon each party.
(d) In the case of the death, Illness, disqualification or unavailability of the Hearing Examiner who presided at the hearing, the Director shall make a tentative decision or shall designate another Hearing Examiner to make recommended decision.
(e) At any time prior to the filing of exceptions to a recommended decision of a Hearing Examiner and if the time for filing such exceptions has not expired pursuant to § 502.23, the Hearing Examiner shall have authority to amend, modify or vacate orders issued by him, to the extent that such amendment, modification or vacation may be desirable to correct typographical or procedural errors or to make purely ministerial changes therein, but not otherwise. 8 502.23 Review of the Hearing Ex
aminer's recommended decision. Within 30 days after service of the Hearing Examiner's recommended decision, any party objecting thereto shall file exceptions with the Director. Where exceptions are filed the Director shall fix a time for the filing of briefs. If no exceptions are filed within 30 days of the service of the Hearing Examiner's recommended decision any party shall have an additional 15 days within which to file a brief with the Director. After the expiration of the time for filing of briefs the Director shall, in non-excepted claims, render his decision which shall be the decision of the Office. After the expiration of such time in the case of excepted claims the Hearing Examiner shall certify the entire record to the Director for initial decision. The Director shall then render an initial decision which shall be served on the parties and a copy thereof immediately delivered to the Attorney General, together with the record and all exceptions and briefs. Such initial decision shall become the decision of this Office unless within 60 days from the date thereof the Attorney General by order directs review thereof. An order for review shall fix a time within which the parties may submit exceptions and briefs with reference to the initial decision of the Director. After the expiration of such time the Attorney General shall render a final decision which shall be the decision of this Office. The decision of the Attorney General shall be returned to the Director for service on all parties and for the Director's further action in accordance with the rules in this part. § 502.24 Waiver by the Director or the
Attorney General. The Director or the Attorney General, as the case may be, may, with the consent of the parties, waive any of the requirements of this part, when, in his opinion, the ends of justice would thereby be served. $ 502.25 Motion to dismiss.
(a) Motion to dismiss any claim may be made by the Chief of the Claims Section which motion shall be in writing
and shall state the reasons in support thereof and may be accompanied by supporting documents. The Chief of the Claims Section shall obtain from the Chief Hearing Examiner a date and place of hearing. Thereupon the Chief of the Claims Section shall serve a copy of the motion, together with a notice of the date and place of hearing, upon all parties, and shall docket the motion and statement of service with the Chief Hearing Examiner.
(b) Hearing on the motion shall be held at the time and place specified in the notice, or at such other time and place as may be fixed by the Hearing Examiner.
(c) The claimant shall file any afidavits, papers or documents in opposition to the motion with the Hearing Examiner, after service upon the Chief of the Claims Section not later than five (5) days prior to the date of hearing.
(d) Briefs may be submitted within the time fixed by the Hearing Examiner.
(e) Hearing before a Hearing ExamIner may be waived by the parties and, with the consent of the Director, the matter submitted to him for decision,
(f) A claim shall be dismissed when it appears that there is no genuine issue as to any material fact and the claim cannot be allowed as a matter of law or when the claim has been abandoned.
(g) A claim shall be deemed abandoned when after request to do so the claimant has not furnished relevant information in support of his claim, or where by virtue of his failure to respond to inquiries regarding the claim it appears that he does not wish to pursue it further. The Hearing Examiner may on his own motion enter a recommended order dismissing a docketed claim as abandoned when the claimant fails to produce any information or document ordered so produced by the Hearing Examiner.
(h) All decisions or orders of the Hearing Examiners on motions to dismiss shall be recommended decisions or orders only and shall be subject to review in accordance with the provisions of $ 502.23.
(i) The Chief of the Claims Section may serve a notice upon the claimant that, after the expiration of a time fixed in the notice, which time shall not be less than thirty (30) days, he intends to apply to the Director for an order dismissing the claim. The notice shall state the grounds for dismissal and the