« ÎnapoiContinuă »
§ 502.21 Proposed findings and conclusions.
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 reasonable time to be fixed by him. As far as practicable the procedure shall be followed of having claimant's brief filed 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, reopen 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 a 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.
§ 502.23 Review of the Hearing Examiner'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 affidavits, 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 Examin
(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 claimant may, within the time indicated in the notice, file a statement specifying his objections to dismissal, together with his reasons in support thereof; any evidence or other material in support of the claim which has not previously been filed with this Office shall be filed by the claimant with the statement of objections. Upon application by the Chief of the Claims Section for an Order dismissing the claim, the Director will consider the objections if any which may have been filed. The Director thereafter may remand the application to the Chief of the Claims Section for further proceeding under the rules in this part, or in the case of non-excepted claims if it appears to him that there is no genuine issue may issue an order dismissing the claim. In cases of excepted claims where the Director is of the opinion there is no genuine issue he shall transmit the record together with any objections which have been filed to the dismissal of the claim to the Attorney General, and upon approval by the Attorney General, the Director shall enter an order dismissing the claim.
(a) By the Chief Hearing Examiner. Decisions, notices of hearing, and orders shall be served by the Chief Hearing Examiner by registering and mailing a copy thereof to the parties, addressed to the claimant, his agent or attorney. Notices of all other actions may be served by ordinary mail, except where other methods are specifically required by the rules of this part. When service is not made by registered mail, it may be made by anyone duly authorized by the Chief Hearing Examiner by delivering a copy thereof at the principal place of business of the party to be served
within reasonable office hours. The return of the person making service shall be proof of such service.
(b) By the Chief of the Claims Section. Service by the Chief of the Claims Section of a notice of the date and place of hearing of a motion or of a notice pursuant to § 502.25(i) shall be by registered mail.
(c) By the Director. Any action taken by the Attorney General or the Director in a claim proceeding shall be served by the Director in the manner provided in paragraph (a) of this section.
(d) By parties. Motions, briefs, proposed findings and conclusions, notices and all other papers filed in a claim proceeding, when filed with the Director or Hearing Examiner, shall show service thereof upon the parties to the claim proceeding. Such service shall be made by delivering in person or by mailing except as otherwise provided by the rules of this part.
(e) Service upon attorneys or agents. When any party has appeared by attorney or agent, service upon the attorney or agent shall be deemed service upon the party.
(f) Date of service. The date of service shall be the day when the matter is deposited in the United States mail or delivered in person, as the case may be.
§ 502.27 Computation of time.
In computing any period of time prescribed or allowed by this part, the last day of the period so computed is to be included, unless it is a Saturday, Sunday or legal holiday, in which event the period runs until the end of the last day which is neither a Saturday, Sunday nor legal holiday.
§ 502.28 Continuances and extensions.
Continuance with respect to any claim proceeding or hearing and extension of time for filing, or performing any act required or allowed to be done within a specified time, may be granted by the Attorney General, the Director, Chief Hearing Examiner or the Hearing Examiner upon motion, for good cause shown, except where time for performance or filing is limited by the act.
§ 502.29 Filing of debt claims by depositors of Yokohama Specie Bank, Ltd., Honolulu Branch.
Notices of Claim for Return of Property heretofore filed by depositors of the Yokohama Specie Bank, Ltd., Honolulu Branch, in respect of principal and interest accruing to the date of the closing of said bank on December 7, 1941, shall be considered as including Notices of Claim for Payment of Debt under section 34 of the act covering interest accruing subsequent to the closing of said bank. Releases and receipts executed by such claimants on account of return orders issued in connection with their Notices of Claim for Return of Property shall not be a bar to the allowance of their debt claims for post-closing interest in the event the Director subsequently determines that such post-closing interest is payable. The foregoing shall not be construed as a present determination by the Director as to the validity of such debt claims.
(E.O. 9567, June 8, 1945, 10 FR 6917; 3 CFR 1943-1948 Comp.)
§ 502.30 Filing of claim as condition precedent to suit under the Trading With the Enemy Act, as amended.
The filing heretofore or hereafter, of a claim under section 32 of the Trading With the Enemy Act, as amended, shall constitute the filing of notice required by section 9 of that act as a condition precedent to the filing of a suit in equity for the return of property vested in or transferred to the Attorney General of the United States pursuant to that act.
§ 502.31 Effect of disallowance of claim in determining period of limitations for filing suit under the Trading With the Enemy Act, as amended.
The final disallowance under the rules of this part of any claim for the return of property filed under the Trading With the Enemy Act, as amended, shall constitute a disallowance for the purpose of determining the period of limitations, prescribed in section 33 of that act, within which a suit pursuant to section 9 of that act may be instituted.
Subpart B-Title Claims
As used in 33502.100 to 502.110, applicable solely to title claims, unless the context otherwise requires:
(a) The term "taxes" refers to taxes as defined under section 36(d) of the Trading With the Enemy Act, as amended, or section 212(d) of the International Claims Settlement Act of 1949, as amended.
(b) The term "national interest" means the interest of the United States under section 32(a)(5) of the Trading With the Enemy Act, as amended.
(c) The term "conservatory expenses" means expenses expended or incurred in the conservation, preservation or maintenance of vested property.
502.101 Order of processing.
Except in cases where hardship or other special circumstances exist, claims shall be processed, as nearly as practicable, in the order of their filing.
502.102 Procedure for allowance without hearing.
(a) The Chief of the Claims Section may initiate a proceeding for allowance of a claim, or a separable part thereof, which he deems entitled to allowance without the necessity of a hearing thereon, by submitting to the Director a recommendation for allowance.
(b) The record in a claim proceeding under this procedure shall include the Notice of Claim, the evidence with respect thereto, and the recommendation for allowance.
(c) In the case of non-excepted claims the Director shall consider the record and may allow the claim. In the case of excepted claims the Director shall transmit the record with his recommendation for allowance to the Attorney General who may approve the recommendation. In such cases the claim shall be returned to the Director for further proceedings in accordance with the rules in this part.
(d) If the Attorney General or the Director shall disagree with a recommendation for allowance, the claim
shall be remanded to the Chief of the Claims Section for such action as may be appropriate.
(e) A claim under this procedure may be allowed notwithstanding the fact that the Chief of the Claims Section makes no recommendation with respect to taxes or conservatory expenses. However, no return will be made prior to a determination of such matters and adequate provision made therefor.
§ 502.103 Requirement for hearing.
No claim shall be allowed or disallowed except after hearing, unless the claim has been determined pursuant to § 502.25(1), § 502.102 or § 502.105.
§ 502.104 Hearing calendar.
The Chief Hearing Examiner shall maintain a hearing calendar and docket of all docketed claim proceedings.
8502.105 National interest under the Trading With the Enemy Act, as amended.
(a) In the case of non-excepted claims where it appears to the satisfaction of the Director that a return of vested property is not in the national interest pursuant to section 32(a)(5) of the Trading With the Enemy Act, as amended, he may (1) by order disallow the claim by citation of this section, or (2) by order suspend, for a fixed or indefinite time, further action by the Office in the claim proceeding by citation of this section. In the case of excepted claims where it appears to the satisfaction of the Director that a return of vested property is not in the national interest as aforesaid he shall transmit the record to the Attorney General for his consideration and the Attorney General may (i) by order disallow the claim by citation of this section, (ii) by order suspend for a fixed or indefinite time further action by the Office of Alien Property in the claim proceeding by citation of this section, or (iii) return the claim to the Director for such action as the Attorney General deems appropriate.
(b) The Director may direct with respect to any question of fact relating to national interest, that a hearing be held before himself, a Hearing Exam
iner or such other person or persons as he may designate. In such a hearing the officer or officers shall prepare recommended findings of fact only which shall be submitted to the Director with a transcript of the hearing.
§ 502.106 Publication of notice of intention to return vested property under the Trading With the Enemy Act, as amended.
In compliance with section 32(f) of the Trading With the Enemy Act, as amended, prior to the return of vested property the Director will issue and file for publication with the FEDERAL REGISTER a notice of intention to return vested property, except that no such notice need be published where the return is to be made to a resident of the United States or a corporation organized under the laws of the United States, or any State, Territory, or possession thereof, or the District of Columbia.
§ 502.107 Revocation of notice of intention to return vested property under the Trading With the Enemy Act, as amended.
(a) The notice of intention to return vested property may be revoked by the Director at any time prior to return.
(b) Notice of such revocation shall be served on the parties and filed for publication with the FEDERAL REGIS
$502.108 Return order.
Where no notice of intention to return vested property has been issued, an order directing return will issue at the time the claim is allowed or as soon thereafter as practicable. Where notice of intention to return vested property has been issued under the Trading With the Enemy Act, as amended, an order directing return will issue as soon as practicable after the expiration of thirty (30) days following the publication of the notice, except where the notice has been revoked in accordance with § 502.107.
§ 502.109 Final audit.
Prior to making full and final return of property pursuant to return order, a final audit with respect to the property involved will be made. Any trans
action occurring in the administration of such property shall be given effect in determining the actual amount of cash and other property to be returned pursuant to the return order.
§ 502.110 Return of vested property.
After issuance of the return order, completion of the final audit and final administrative determination with respect to taxes, fees and conservatory expenses, appropriate instruments and papers will issue returning the property claimed. The claimant receiving such property shall execute papers in such form as the Director shall determine acknowledging receipt of the property returned.
Subpart C-Debt Claims
§ 502.200 Definitions.
As used in §§ 502.200 to 502.205 applicable solely to debt claims, unless the context otherwise requires:
(a) The term "vested property of a debtor" means property of a debtor which he owned immediately prior to its becoming vested property.
(b) The term "money available for payment of claims" means such money included in, or received as net proceeds from the sale, use, or other disposition of vested property of a debtor as shall remain after deduction of expenses and taxes.
(c) The term "expenses" means the amount of the expenses of the Office of Alien Property, the former Office of Alien Property Custodian, and the former Philippine Alien Property Administration, including both expenses in connection with vested property of the debtor involved and such portion as the Director shall fix of the other expenses of these agencies, and such amount, if any, as the Director may establish as a cash reserve for the future payment of such expenses.
(d) The term "taxes" means taxes as defined in section 36(d) of the Trading With the Enemy Act, as amended, or section 212(d) of the International Claims Settlement Act of 1949, as amended, and includes taxes paid by the Director in respect of vested property of the debtor involved and such amount, if any, as the Director may