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and 805(a) of the Merchant Marine Act, will be furnished upon application to 1936, as amended, shall be conducted in the Secretary of the Administration. accordance with part 203 of this chapter except as may be provided other- $201.8 Use of gender and number. wise by the Administration.
Words importing the singular number [55 FR 12358, Apr. 3, 1990)
may extend and be applied to several
persons or things; words importing the 8 201.2 Mailing address; hours.
plural number may include the sinDocuments required to be filed in,
gular; and words importing the masand correspondence relating to, pro
culine gender may be applied to feceedings governed by the regulations in
males. this part should be addressed to “Secretary, Maritime Administration, De
§ 201.9 Suspension, amendment, etc., of
rules. partment of Transportation, Washington, DC 20590.” The Office of the The regulations in this part may, Secretary, Maritime Administration, from time to time, be suspended, including the public document reading amended, or revoked, in whole or in room, located in room 7210, 400 Seventh part. Notice of any such action will be Street, SW., Washington, DC 20590, is published in the FEDERAL REGISTER. open from 8:30 a.m. to 5:00 p.m.
Also, any regulation in this part may
be waived by the Administration or the [55 FR 12358, Apr. 3, 1990, as amended at 63
Presiding Officer to prevent undue FR 9157, Feb. 24, 1998]
hardship in any particular case. 8 201.3 Authentication of rules, orders,
determinations and decisions of the Subpart B-Appearance and Administration.
Practice Before the AdminisAll rules, orders, determinations or tration (Rule 2) decisions issued in any proceeding covered by the regulations in this part 8 201.15 Appearance in person or by shall, unless otherwise specifically pro- representative. vided by the Administration, be signed
A party may appear in person or by and authenticated by seal by the Sec
an officer, partner, or regular employee retary of the Administration in the
of the party, or by or with counsel or name of the Administration.
other duly qualified representative, in $$ 201.4–201.5 (Reserved]
any proceeding under the regulations
in this part. A party may offer testi8 201.6 Documents in foreign
lan- mony, produce and examine witnesses, guages.
and be heard upon brief and at oral arEvery document, exhibit, or other
gument if oral argument is granted. paper written in a language other than
Any person compelled to appear in a English and filed with the Administra
proceeding pursuant to subpoena may tion or offered in evidence in any pro
be accompanied, represented, and adceeding before the Administration
vised by counsel and may purchase a under the regulations in this part or in
transcript of his testimony. response to any rule or order of the Ad
201.16 Authority for representation. ministration pursuant to the regulations in this part, shall be filed or of
Any individual acting in a representfered in the language in which it is
ative capacity in any proceeding before written and shall be accompanied by an
the Administration may be required by English translation thereof duly sub- the Administration or the Presiding scribed.
Officer to show his authority to act in
such capacity. $201.7 Information; special instructions.
8 201.17 Written appearance. Information as to procedure under Persons who appear at any hearing the regulations in this part, and in- shall deliver a written notation of apstructions supplementing the regula- pearance to the reporter, stating for tions in this part in special instances, whom the appearance is made. The written appearance shall be made a before the Administration or a prepart of the record.
siding officer shall constitute grounds
for immediate exclusion from said $201.18 Practice before the Adminis- hearing by the Presiding Officer. Any tration defined.
person who has been admitted to pracPractice before the Administration tice before the Administration may be shall be deemed to comprehend all disbarred from such practice only after matters connected with any presen
he has been afforded an opportunity to tation to the Administration or its be heard. staff.
8 201.25 Statement of interest. 8 201.19 Presiding officers.
The Administration, in its discretion, Hearings on any matter before the may call upon any practitioner for a Administration will be held by a duly full statement of the nature and extent designated Member or Members there- of his interest in the subject matter of, or a Hearing Examiner qualified presented by him before the Adminisunder section 11 of the Administrative tration. Attorneys retained on a conProcedure Act, assigned by the Chief
tingent fee basis shall file with the AdHearing Examiner, who shall be des- ministration a copy of the contract of ignated as the Presiding Officers.
employment. Where appropriate the Administration
(General Order 41, 3d Rev., 29 FR 14475, Oct. may designate other members of the
22, 1964; 29 FR 15374, Nov. 17, 1964, as amended staff to serve as Presiding Officers in at 60 FR 38735, July 28, 1995) hearings not required by statute, as provided in 8 201.86.
8 201.26 Former employees.
(a) No former officer or employee of 8 201.20 Attorneys at law.
the Administration, after his or her Attorneys at law who are admitted employment with the Administration to practice before the Federal courts or has ceased, shall act as agent or attorbefore the courts of any State or terri- ney for anyone other than the United tory of the United States may practice
States in connection with any parbefore the Administration. An attor
ticular matter in which a specific party ney's own representation that he is or parties are involved and in which such in good standing before any of the
the United States is a party or has a dicourts herein referred to will be suffi
rect and substantial interest and in cient proof thereof.
which the former officer or employee
participated personally and substan$201.21 [Reserved]
tially as an officer or employee of the
Maritime Administration through deci8 201.22 Firms and corporations.
sion, approval, disapproval, recExcept as regards law firms, practice ommendation, the rendering of advice, before the Administration by firms or investigation, or otherwise while so corporations on behalf of others shall employed by the Maritime Administranot be permitted.
(b) No former officer or employee of 201.23 [Reserved]
the Administration shall practice, ap
pear, or represent anyone, directly or $201.24 Suspension or disbarment.
indirectly, other than the United The Administration may, in its dis- States, before the Administration in cretion, deny admission to, suspend, or any matter for a period of 1 year subsedisbar any person from practice before quent to the termination of his or her the Administration who it finds does employment with the Administration not possess the requisite qualifications in connection with any proceeding, apto represent others or is lacking in plication, request for a ruling or other character, integrity, or to have en- determination, contract, claim, congaged in unethical or improper profes- troversy, or other particular matter insional conduct. Disrespectful, dis- volving a specific party or parties in orderly, or contumacious language or which the United States is a party or contemptuous conduct at any hearing directly and substantially interested
in such proceedings. In addition the General Counsel may designate any member of his staff to serve as Staff Counsel in contract appeal cases or any other proceeding governed by the regulations in this part. Public Counsel or Staff Counsel shall participate in any proceeding to which he is a party, to the extent he deems required in the public interest, subject to the separation of functions required by section 5(c) of the Administrative Procedure Act.
and which was under his or her official responsibility as an officer or employee of the Administration at any time during the last year of his or her service.
(C) Any person in doubt as to the applicability of paragraph (a) or (b) of this $201.26 to a particular case or to the postemployment activities of a former officer or employee of the Administration may address an application to the Administration for the Administration's consent to appear, stating his former connection with the Administration or predecessor agency, identifying the matter in which he or she desires to appear and describe in detail his or her participation in or responsibility for the particular matter and the specific party or parties involved and the extent, if any, in which the former officer or employee had participated while employed by the Administration. The applicant shall be promptly advised as to his or her privilege to appear in the particular matter. Separate consents to appear must be obtained in each particular matter. [G.O. 41, 3d Rev., Amdt. 3, 36 FR 4377, Mar. 5, 1971]
$ 201.32 Substitution of parties.
Upon petition and for good cause shown, the Administration may order a substitution of parties; except that in case of death of a party substitution may be ordered upon suggestion and without the filing of a petition.
Subpart D-Form, Execution and Service of Documents (Rule 4)
Subpart C-Parties (Rule 3)
$201.30 Parties; how designated.
The term party, whenever used in these Rules, shall include any natural person, corporation, association, firm, partnership, trustee, receiver, agency, public or private organization, or governmental agency. A party requesting official action subject to these Rules shall be designated as applicant. A party whose petition for leave to intervene is granted pursuant to $201.78 shall be designated as intervenor. Only a party as designated in this section may introduce evidence or examine witnesses at hearings.
$ 201.41 Form and appearance of docu
ments filed with the Administra.
tion. All papers to be filed under the regulations in this part may be reproduced by printing or by any other process, provided the copies are clear and legible; shall be dated, the original signed in ink, and shall show the docket description and title of the proceeding, and the title, if any, and address of the signatory. If typewritten, the impression shall be on only one side of the paper and shall be double spaced, except that quotations shall be single spaced and indented. Documents not printed, except correspondence and exhibits, should be on strong, durable paper and shall not be more than 872 inches wide and 12 inches long, with a left margin 142 inches wide. Printed documents shall be printed in clear type (never smaller than pica or 11point type) adequately leaded, and the paper shall be opaque and unglazed. Briefs, if printed, shall be printed on paper not less than 648 inches wide and 974 inches long, with inside margin not less than 1 inch wide. All briefs over 15 pages shall contain a subject index with page references and a list of authorities cited.
8 201.31 Public counsel.
The Assistant General Counsel, Chief, Division of Operating Subsidy Contracts, shall be a party to all proceedings involving operating-differential subsidy contracts. The Assistant General Counsel and his representatives shall be designated as Public Counsel and shall be served with copies of all papers, pleadings, and documents
8 201.42 Subscription, authentication
of documents. (a) Documents filed shall be subscribed: (1) By the person or persons filing same, (2) by an officer thereof if it be a corporation, (3) by an officer or employee if it be a government instrumentality, or (4) by an attorney or other person having authority with respect thereto.
(b) Documents submitted pursuant to stipulation of counsel where no sponsoring witness will be used must be verified.
$ 201.46 Copies of documents for use of
the Administration. Except as otherwise provided in the regulations in this part, an original and fifteen copies of every document shall be filed for use of the Administration, except written testimony and exhibits to be made a part of a record, which shall be filed in triplicate unless otherwise directed.
$201.43 Service by parties.
All documents, when tendered for filing should show that service has been made upon all parties to the proceeding. Such service shall be made by delivering one copy to each party in person or by mailing by first-class mail properly addressed with postage prepaid. When a party has appeared by attorney or other representative, service upon such attorney or other representative will be deemed service upon the party. All documents served by mail preferably should be mailed in sufficient time to reach the parties on the date on which the original is due to be filed and should be air mailed if addressee is more than 300 miles distant.
Subpart E-Time (Rule 5) $201.51 Computation.
In computing any period of time under these Rules, the time begins with the day following the act, event, or default, and includes the last day of the period, unless it is a Saturday, Sunday, or national legal holiday. When the period of time prescribed or allowed is less than seven (7) days, intermediate Saturdays, Sundays, and holidays shall be excluded from the computation.
8 201.52 Additional me after service
by mail. Whenever service of a document has been made by mail in accordance with 8 201.43 three (3) days shall be added to the prescribed period for answer.
201.44 Date of service.
The date of service of documents shall be the day when the matter served is deposited in the United States mail, shown by the postmark thereon, or is delivered in person, as the case may be.
$ 201.53 Extension of time to file docu.
ments. Applications for extension of time for the filing of any document shall set forth the reasons for the application and may be granted upon a showing of good cause on the part of applicant. Answers to such applications are permitted.
8 201.45 Certificate of service.
The original of every document filed with the Administration and required to be served upon all parties to a proceeding shall be accompanied by a certificate of service signed by the party making service, stating that such service has been made upon each party to the proceeding. Certificates of service may be in substantially the following form:
I hereby certify that I have this day served the foregoing document upon all parties of record in this proceeding by mailing, postage prepaid (or by delivering in person) a copy to each such party. Dated at this day of
$ 201.54 Reduction of time to file docu.
ments. Except as prohibited by law, for good cause the Administration, or the Presiding Officer with respect to matters pending before him, may reduce any time limit prescribed in the regulations in this part.
8 201.55 Postponement of hearing.
Applications for postponement of any hearing date may be granted upon a showing of good cause on the part of