ficer in briefs on appeal or in support of exceptions.

(4) A concise argument clearly setting forth points of fact and of law relied upon in support of or in opposition to each exception taken, together with specific references to the parts of the record and the legal or other authorities relied upon.

(f) Unless permission is granted by the Judicial Officer no brief shall exceed 50 printed or 100 typewritten pages double spaced.

(g) The Judicial Officer will extend the time to file briefs only upon written application for good cause shown. The Recorder shall promptly notify the applicant of the decision of the Judicial Officer on the application. If the appeal brief or brief in support of exceptions is not filed within the time prescribed, the defaulting party will be deemed to have abandoned the appeal or waived the exceptions, and the initial or tentative decision shall become the final Agency decision.

[36 FR 11563, June 16, 1971, as amended at 38 FR 17216, June 29, 1973; 44 FR 61961, Oct. 29, 1979]

The Judicial Officer is authorized: (a) To act as presiding officer at hearings, (b) to render tentative decisions, (c) to render final Agency decisions, (d) to issue Postal Service orders for the Postmaster General, (e) to refer the record in any proceeding to the Postmaster General or the Deputy Postmaster General for final Agency decision, (f) to remand a case to the presiding officer for consideration, (g) to revise or amend these rules of practice. In determining appeals from initial decisions or exceptions to tentative decisions (see § 952.24 (a) and (b) supra), the entire official record will be considered before a final Agency decision is rendered. Before rendering a final Agency decision, the Judicial Officer may order the hearing reopened for the presentation of additional evidence by the parties.

[44 FR 61961, Oct. 29, 1979]

within 10 days after receiving it or within such longer period as the Judicial Officer may fix. Each motion for reconsideration shall be accompanied by a brief clearly setting forth the points of fact and of law relied upon in support of said motion.

[36 FR 11563, June 16, 1971, as amended at 38 FR 17216, June 29, 1973]

§ 952.28 Orders.

If an order is issued which prohibits delivery of mail to a respondent it shall be incorporated in the record of the proceeding. The Recorder shall cause notice of the order to be published in the Postal Bulletin and cause the order to be transmitted to such postmasters and other officers and employees of the Postal Service as may be required to place the order into effect.

[36 FR 11563, June 16, 1971, as amended at 38 FR 17216, June 29, 1973; 44 FR 61961, Oct. 29, 1979]

§ 952.29 Modification or revocation of orders.

A party against whom an order has been issued may file an application for modification or revocation thereof. The Recorder shall transmit a copy of the application to the General Counsel, who shall file a written reply within 10 days after filing or such other period as the Judicial Officer may fix. A copy of the reply shall be sent to the applicant by the Recorder. Thereafter an order granting or denying such application will be issued by the Judicial Officer.

[36 FR 11563, June 16, 1971, as amended at 38 FR 17217, June 29, 1973; 44 FR 61961, Oct. 29, 1979]

§ 952.30 Supplemental orders.

When the General Counsel or his designated representative shall have reason to believe that a person is evading or attempting to evade the provisions of any such order by conducting the same or a similar enterprise under a different name or at a different address he may file a petition with accompanying evidence setting forth the alleged evasion or attempted evasion and requesting the issuance of a sup

90-124 0-82--13

plemental order against the name or names allegedly used. Notice shall then be given by the Recorder to the person that the order has been requested and that an answer may be filed within 10 days of the notice. The Judicial Officer, for good cause shown, may hold a hearing to consider the issues in controversy, and shall, in any event, render a final decision granting or denying the supplemental order.

[36 FR 11563, June 16, 1971, as amended at 44 FR 61961, Oct. 29, 1979]

Sec.

953.4 Service of Notice of Appeal, Reply. 953.5 Reply.

953.6 Hearings.

953.7 Compromise and informal dispositions.

953.8 Default; appearances. 953.9 Location of hearing.

953.10 Change of place of hearing. 953.11 Presiding officers.

953.12 Proposed findings of fact. 953.13 Initial decision.

953.14 Appeal.

953.15 Final Agency decision. 953.16 Expedition.

953.17 Disposition.

953.18 Ex parte communications. AUTHORITY: 39 U.S.C. 204, 401.

SOURCE: 42 FR 5357, Jan. 28, 1977, unless otherwise noted.

§ 953.1 Authority for rules.

These rules of practice are issued by the Judicial Officer of the U.S. Postal Service pursuant to authority delegated by the Postmaster General.

§ 953.2 Initiation.

Mailability proceedings are initiated upon the filing with the Docket Clerk of a Notice of Appeal.

§ 953.3 Notice of Appeal.

The Notice of Appeal shall: (a) Be accompanied by a copy or description of the determination or ruling upon which the appeal is based; (b) specify the character or content of the matter sought to be mailed; (c) request review of the mailability determination, and (d) specify whether an oral hearing is desired or whether the matter is to be submitted on the written record.

§ 953.4 Service of Notice of Appeal, Reply. Upon receipt of the Notice of Appeal, the Docket Clerk shall issue a notice setting forth the date for filing a Reply to the Notice of Appeal, the date of the hearing, if one is requested, and the name of the presiding officer. This notice, together with copies of the Notice of Appeal, shall be sent promptly to the General Counsel and to the postmaster at the place of mailing to be served upon the appellant or his agent. A receipt for service upon the appellant shall be obtained and forwarded immediately to the Docket

Clerk. If, after 3 days, the postmaster or his agent can find no person to accept service of the notice, it may be delivered in the same manner as other mail addressed to the appellant. A statement, showing the time and place of delivery, signed by the postal employee who delivered the notice shall be forwarded to the Docket Clerk and such statement shall constitute evidence of service.

§ 953.5 Reply

The General Counsel shall Reply to the Notice of Appeal within the time established unless extended by the presiding officer for good cause shown. The Reply shall be filed in triplicate with the Docket Clerk. Allegations not answered shall be deemed admitted.

§ 953.6 Hearings.

(a) The Federal Rules of Evidence (28 App. U.S.C. (Supp. V, 1975)) shall be applicable to the hearings conducted under this part, except that the rules may be relaxed to the extent that the presiding officer deems proper to assure a fair hearing. Evidence presented at the hearing shall be limited to material evidence relevant to the issues as drawn by the pleadings or as defined in the prehearing conference, if any, subject to such later modifications of the issues as may be necessary to protect the public interest or to prevent injustice and shall not be unduly repetitious.

(b) Objections to the admission or exclusion of evidence shall be in short form, stating the grounds of objections relied upon, and the transcript shall not include argument or debate thereon except as ordered by the presiding officer. Rulings on such objections shall be a part of the transcript.

(c) Formal exceptions to the rulings of the presiding officer made during the course of the hearing are unnecessary. For all purposes for which an exception otherwise would be taken, it is sufficient that a party, at the time the ruling of the presiding officer is made or sought, makes known the action he desires the presiding officer to take or his objection to an action taken, and his grounds therefor.

§ 953.7 Compromise and informal dispositions.

Either party may request the other to consider informal disposition of any question of mailability, and the scheduled hearing date may be postponed for such period of time as may be necessary to accommodate settlement discussions between the parties.

§ 953.8 Default; appearances.

If no Reply to the Notice of Appeal is filed, the General Counsel shall be deemed in default and the Judicial Officer shall instruct the postmaster of the disposition to be made of the matter. If an oral evidentiary hearing is to be held, the appellant may appear at the hearing in person or by counsel. If either party fails to appear at the hearing, the presiding officer shall receive the evidence of the party appearing and render a decision.

§ 953.9 Location of hearing.

Unless otherwise ordered by the presiding officer, the hearing shall be held at the headquarters of the Postal Service, 475 L'Enfant Plaza West, S.W., Washington, D.C. 20260, on the date set in the notice.

§ 953.10 Change of place of hearing.

Not later than the date fixed for the filing of the Reply, a party may file a request that a hearing be held to receive evidence in his behalf at a place other than that designated for hearing in the notice. He shall support his request with a statement outlining: (a) The evidence to be offered in such place; (b) the names and addresses of the witnesses who will testify; (c) the reasons why such evidence cannot be produced at Washington, D.C. The presiding officer shall give consideration to the convenience and necessity of the parties and the relevancy of the evidence to be offered.

§ 954.2 Scope of rules.

The rules of practice shall apply to all Postal Service proceedings concerning applications, denials, suspensions and revocations of second-class mailing privileges arising under former title 39 U.S.C. 4351, 4352, 4353, 4354, 4355, 4356, and 4369 as continued by sec. 3 of the Postal Reorganization Act (Pub. L. 91-375).

§ 954.3 Informal dispositions.

These rules do not preclude the informal dispositions of second-class mailing privilege matters before or after institution of proceedings.

§ 954.4 Office business hours.

The offices of the officials mentioned in these rules are located at the U.S. Postal Service, 475 L'Enfant Plaza West, SW., Washington, D.C. 20260, and are open Monday through Friday from 8:15 a.m. to 4:45 p.m.

[38 FR 17217, June 29, 1973, as amended at 42 FR 7955, Feb. 8, 1977]

§ 954.5 Application.

A publisher may file an application for second-class mailing privileges. (See Part 132 of this chapter.) An authorized administrative official of the Postal Service (hereinafter called "the authorized official") rules upon all applications. If he denies the application he shall notify the publisher specifying the reasons for his denial and attaching a copy of these rules. Before taking action on an application, the authorized official may call upon the publisher for additional information or evidence to support or clarify the application. Failure of the publisher to furnish such information or evidence may be cause for the authorized official to deny the application as incomplete or, on its face, not fulfilling the requirements for entry.

[36 FR 11567, June 16, 1971, as amended at 38 FR 17217, June 29, 1973; 42 FR 30504, June 15, 1977]

§ 954.6 Revocation or suspension.

When the authorized official determines that a publication is no longer entitled to second-class mailing privileges, he shall issue a ruling of suspension or revocation to the publisher at

the last known address of the office of publication stating the reasons and attaching a copy of these rules.

[36 FR 11567, June 16, 1971, as amended at 38 FR 17217, June 29, 1973]

§ 954.7 Failure to appeal proposed action.

A ruling of the authorized official shall become final upon failure of the publisher to file a petition in accordance with the requirements of § 954.8(b).

[36 FR 11567, June 16, 1971, as amended at 38 FR 17217, June 29, 1973]

§ 954.8 Pleading.

(a) Place of filing. Parties shall file an original and three copies of all documents of record, unless otherwise ordered by the presiding officer with the Docket Clerk of the Postal Service, who shall cause copies to be delivered to the other parties and to the presiding officer. Service is ordinarily made on the private parties by certified mail and delivery is deemed complete when a document or notice of its arrival is left at the designated address. The Docket Clerk shall maintain a docket and the files in all proceedings.

(b) Petition. A publisher may appeal from a ruling of the authorized official by filing a petition within 15 days of the receipt of the ruling unless the time is extended by the authorized official. The petition shall state the reasons why the publisher (designated "Petitioner" in the proceeding) believes the ruling of the authorized official is erroneous and shall provide the address at which documents may be served on the Petitioner. The petition shall also allege facts showing compliance with each provision of law or regulation on which the publisher's claim to second-class mail privileges is based. The publisher shall attach to his petition a copy of the letter of the authorized official denying, suspending or revoking second class mail privileges.

(c) Notice of hearing. Upon receipt of the petition the Docket Clerk shall set a date for the hearing and issue a notice of hearing to the parties stating the time and place of the hearing, the date for filing an answer, and the name of the presiding officer.