Title 39--POSTAL SERVICE
Chapter I--UNITED STATES POSTAL SERVICE


12, 1970, Public Law 91-375, 84 Stat. 719, as an independent establishment of the executive branch of the Government of the United States, under the direction of a Board...


under such terms, conditions, and limitations, including the power of redelegation, as it finds desirable. The bylaws of the Board are the framework of the system...


shall be the function of this Office to provide staff support for the Board, as directed by the Chairman of the Board, to enable the Board to carry out effectively its...


and as agent for the receipt of legal process against the Board of Governors or a member of the Board, in his or her official capacity, and all other officers and...


[Code of Federal Regulations] [Title 39, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 39CFR2.3] [Page 10] TITLE 39--POSTAL SERVICE CHAPTER I--UNITED STATES POSTAL SERVICE PART 2--GENERAL AND TECHNICAL PROVISIONS (ARTICLE II)--Table of Contents Sec. 2.3 Offices. The principal office of the Postal Service is located in Washington, DC, with such regional and other offices and places of business as the Postmaster General establishes from time to time, or the business of the Postal Service requires. ...


judicially noticed. The Seal shall be in the custody of the General Counsel, who shall affix it to all commissions of officers of the Postal Service, and use it to...


[Code of Federal Regulations] [Title 39, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 39CFR2.5] [Page 10] TITLE 39--POSTAL SERVICE CHAPTER I--UNITED STATES POSTAL SERVICE PART 2--GENERAL AND TECHNICAL PROVISIONS (ARTICLE II)--Table of Contents Sec. 2.5 Authority. These bylaws are adopted by the Board under the authority conferred upon the Postal Service by 39 U.S.C. 401(2) and 5 U.S.C. 552b(g). ...


and for this purpose these bylaws are severable. The Board may amend or repeal these bylaws at any special or regular meeting, provided that each member of the...


the practices and policies of the Postal Service, and directs and controls the expenditures of the Postal Service. Consistent with the broad delegation of authority to...


[Code of Federal Regulations] [Title 39, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 39CFR3.2] [Page 11] TITLE 39--POSTAL SERVICE CHAPTER I--UNITED STATES POSTAL SERVICE PART 3--BOARD OF GOVERNORS (ARTICLE III)--Table of Contents Sec. 3.2 Compensation of Board. Section 202(a) of title 39 provides for the compensation of the Governors and for reimbursement for travel and reasonable expenses incurred in attending Board meetings. Compensation is provided for not more than 42 days of meetings per year. ...


of the Board. (b) Adoption of, and amendments to, the bylaws of the Board. (c) (1) Approval of the annual Postal Service budget program in both tentative and...


removal of the Postmaster General, 39 U.S.C. 202(c). (b) Appointment, term of service, and removal of the Deputy Postmaster General (by the Governors and the...


Postal Service to the extent that this delegation of authority does not conflict with powers reserved to the Governors or to the Board by law, these bylaws, or resolutions...


periods for which data are available, postal management shall furnish the Board (on a monthly basis) financial and operating statements for the fiscal year to...


Board information on all aspects of the Postal Service budget plan, including: (1) The tentative and final annual budgets submitted to the Office of Management and Budget...


shall bring to the Board's attention the following matters: (a) Major developments in personnel areas, including but not limited to equal employment opportunity,...


and special meetings of the Board, and shall set the agenda for such meetings; (2) Shall select and appoint the Chairman and members of any committee properly...


the Chairman's absence or disability. The Vice Chairman serves a term that commences upon election and expires at the end of the first annual meeting following the meeting...


[Code of Federal Regulations] [Title 39, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 39CFR4.3] [Page 15] TITLE 39--POSTAL SERVICE CHAPTER I--UNITED STATES POSTAL SERVICE PART 4--OFFICERS (ARTICLE IV)--Table of Contents Sec. 4.3 Postmaster General. The appointment and role of the Postmaster General are described at 39 U.S.C. 202(c), 203. The Governors set the salary of the Postmaster General by resolution, subject to the limitations of 39 U.S.C. 1003(a). ...


Postmaster General during the Postmaster General's absence or disability, and when a vacancy exists in the office of Postmaster General. The Governors set the salary of the...


Chief Postal Inspector, and such number of officers, described in 39 U.S.C. 204 as Assistant Postmasters General, whether so denominated or not, as the Board authorizes...


responsible for carrying out the functions of the Office of the Board of Governors, under the direction of the Chairman of the Board. The Secretary shall also issue notices of...


specify, in the resolution establishing any committee, whether the committee is authorized to submit recommendations or preliminary decisions to the Board, to conduct...


[Code of Federal Regulations] [Title 39, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 39CFR5.2] [Page 15-16] TITLE 39--POSTAL SERVICE CHAPTER I--UNITED STATES POSTAL SERVICE PART 5--COMMITTEES (ARTICLE V)--Table of Contents Sec. 5.2 Committee procedure. Each committee establishes its own rules of procedure, consistent with [[Page 16]] these bylaws, and meets as provided in its rules. A majority of the members of a committee constitute a quorum. [61 FR 36499, July 11, 1996] ...


of each calendar year is designated as the annual meeting. Consistent with the provisions of Sec. 7.5 of these bylaws, the time or place of a regular or annual meeting may...


not less than 8 days' notice to the other members of the Board and to the Secretary, specifying the time, date, place, and subject matter of the meeting. By recorded vote...


to a member may be delivered by telephone and is sufficient if made to the member personally or to a responsible person in the member's home or office. Any oral notice to...


or similar communications equipment which enables all persons participating in the meeting to hear each other and which permits full compliance with the provisions of...


the Board, the Secretary shall promptly make available to the public, in the Communications Department at Postal Service Headquarters, or...


vote of the members of the Board. Any 6 members constitute a quorum for the transaction of business by the Board, except: (a) In the appointment or removal of the...


the Board authorized to take action on behalf of the Board. (b) The term meeting means the deliberations of at least the number of individual members required to take...


Law 94-409, 90 Stat. 1241, that the public is entitled to the fullest practicable information regarding the decisionmaking processes of the Federal Government. The...


which otherwise would be required to be disclosed to the public, if the Board properly determines that the public interest does not require otherwise, and that such portion of...


a meeting under the provisions of Sec. 7.3 of these bylaws. The members shall take a separate vote with respect to each meeting a portion of which is proposed to be...


place, and subject matter of the meeting, whether it is to be open or closed to the public, and the name and phone number of the official designated by the Board to respond...


bylaws, the General Counsel shall publicly certify that, in his or her opinion, the meeting or portion of the meeting may be closed to the public, stating each relevant...


provisions of these bylaws which are not in accord with the requirements of 5 U.S.C. 552b (a)-(f) and to require the promulgation of provisions that are in accord with...


the Sunshine Act, govern in the case of any request under the Freedom of Information Act, 5 U.S.C. 552, to copy or to inspect the transcripts or electronic recordings described...


(a) To represent the public interest generally and to insure that the Postal Service meets the needs of the mailing public, the Governors must be free to hold uninhibited discussions...


Once the Commission issues a recommended decision, and until the Governors have acted on that recommended decision by approving, rejecting, allowing under protest...


on the public record pursuant to these guidelines shall be available for public inspection at the Office of the Board of Governors, United States Postal Service, Room...


As special employees within the meaning of 18 U.S.C. 202(a), the members of the Board are also subject to the Standards of Ethical Conduct for Employees of the...


Official for purposes of the Ethics in Government Act, as amended, and the implementing regulations of the Office of Government Ethics, including 5 CFR part 2638. (b)...


imposed by 18 U.S.C. 207. Guidance concerning post-employment restrictions applicable to Governors may be obtained in accordance with Sec. 10.2(b). [61 FR...


financial disclosure report which, under the practice of the Senate Governmental Affairs Committee, is kept confidential. Because the Director of the Office of Government...


[Code of Federal Regulations] [Title 39, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 39CFR11.1] [Page 23] TITLE 39--POSTAL SERVICE CHAPTER I--UNITED STATES POSTAL SERVICE PART 11--ADVISORY BOARDS [ARTICLE XI]--Table of Contents Sec. 11.1 Establishment. The Board of Governors may create such advisory boards as it may deem appropriate and may appoint persons to serve thereon or may delegate such latter authority to the Postmaster General. [59 FR 18454, Apr. 18, 1994] [[Page 24]] ...


information requirements of the Administrative Procedure Act, provides in pertinent part that ``* * * matter reasonably available to the class of persons affected thereby...


Headquarters and regional offices of the U.S. Postal Service and at all United States Post Offices and classified stations and branches during normal business hours....


changes made in the International Mail Manual will periodically be published in the Federal Register. A complete issue of the International Mail Manual, including the text of...


[Code of Federal Regulations] [Title 39, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 39CFR20.4] [Page 25] TITLE 39--POSTAL SERVICE CHAPTER I--UNITED STATES POSTAL SERVICE PART 20--INTERNATIONAL POSTAL SERVICE--Table of Contents Sec. 20.4 Approval of the Director of the Federal Register. Incorporation by reference of the publication now titled the International Mail Manual was approved by the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR Part 51 on June 24, 1981. [49 FR 47389, Dec. 4, 1984] ...


Services (1) Subchapter 110--General Information (i) Part 111--Scope (ii) Part 112--Mailer Responsibility (iii) Part...


public information requirements of the Administrative Procedure Act, provides in pertinent part that ``* * * matter reasonably available to the class of persons affected...


hours for reference and public inspection at the U.S. Postal Service Library, National Headquarters in Washington, DC. Copies of only the current issue are available...


notices rather than complete text of changes made to the Domestic Mail Manual are published in the Federal Register. These notices are published in the form of one...


the Director of the Federal Register under 5 U.S.C 552(a) and 1 CFR part 51 on March 29, 1979. (5 U.S.C. 552(a); 39 U.S.C. 401, 404, 407, 408, 3001-3011,...


Alternative Addressing Formats A060 Detached Address Labels (DALs) A800 Addressing for Barcoding A900 Customer Support A910 Mailing List Services A920...


in effect as regulations of the Postal Service by section 5(f) of the Postal Reorganization Act, are revoked. This revocation does not apply to postal regulations...


the U.S. Postal Service and the bylaws of the Board of Governors; (2) The Domestic Mail Manual, the Postal Operations Manual, the Administrative Support Manual, the...


Postal Reorganization Act, certain executive orders, and other executive pronouncements and certain circulars, bulletins, and other issuances of the Office of Management and Budget...


with officers and employees, in effect at the time the U.S. Postal Service commenced operations, continue in effect according to their terms until modified or repealed...


the United States under the provisions of the Postal Reorganization Act of August 12, 1970, Pub. L. 91-375, 84 Stat. 719. (b) As a complement to the information in...


policies of the Postal Service; and directs and controls its expenditures. (b) For composition of the Board of Governors, see Sec. 3.1 of this chapter. [38...


PMG is named and can be removed by a majority of the nine Governors. (b) The Postmaster General determines appeals from the actions of staff and department heads,...


can be removed by the Postmaster General and the Governors. The Deputy is a voting member of the Board of Governors. (b) The Deputy Postmaster General is required to...


[Code of Federal Regulations] [Title 39, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 39CFR221.5] [Page 36] TITLE 39--POSTAL SERVICE CHAPTER I--UNITED STATES POSTAL SERVICE PART 221--GENERAL PRINCIPLES OF ORGANIZATION--Table of Contents Sec. 221.5 Associate Postmasters General. (a) The Associate Postmasters General are appointed and can be removed by the Postmaster General. (b) The Associate Postmasters General are required to perform all tasks as assigned by the Postmaster General. [54 FR 29706, July 14, 1989] ...


Communications, and Administrative Services. Each group is headed by a Senior Assistant Postmaster General (SAPMG). The SAPMG for Finance reports directly to the...


and has overall responsibility for operational activities (except those reserved to Headquarters) of the Postal Service within the region. (b) Each RPMG's...


officers are appointed by the Postmaster General: (1) Associate Postmaster General; (2) Senior Assistant Postmasters General; (3) Assistant...


Except for the emblem on official stationery, the emblem must bear one of the following notations: ``Reg. U.S. Pat. Off.'', ``Registered in U.S. Patent Office'', or...


Service, in the PMG, or in any other Postal Service employee. (b) The Deputy Postmaster General is the full alternate to the Postmaster General. (c) When,...


authorize postmasters to deviate from published instructions, except in emergencies. An oral authorization must be confirmed by a memorandum or order dated subsequent to...


executive acting in the absence of a principal has the principal's full authority. (b) When authority is delegated to an officer, the officers above that officer shall...


(1) Heads of groups, functions, or offices at Headquarters are authorized to redelegate any authority vested in them. (2) Regional Postmasters General or heads of regional...


oaths of office for employment, and take other personnel actions: (1) Senior Assistant Postmaster General, Human Resources, Assistant Postmasters...


(a) Postal inspectors with regard to any matter coming before them in the performance of their official duties; (b) Any member of a board who is assigned to conduct hearings...


the items specified: (1) The Chief Postal Inspector, for: (i) Payment from his special deposit account; (ii) disbursements for rewards based on Postmaster General Notices...


Inspection Service regions and divisions: (1) The Chief Postal Inspector, for obligations of the Inspection Service. (2) Postal Data Center Directors for obligations...


action on: (1) Claims for overpayment of pay. (2) Relief of accountable officers of liability for loss. (3) Relief of accountable officers of liability for...


Mail agreements with foreign postal administrations, and to sign technical agreements for the exchange of postal personnel and property with foreign...


regional officials in its area of responsibility. (b) Between Postal Region Offices and Field Divisions. The Regional Postmaster General shall provide guidance...


to provide guidance to regional officials. Direction of regional officials is provided on employee and labor relations matters by the Senior Assistant...


of three departments, each headed by an Assistant Postmaster General, and the Office of the Treasurer and the USPS Records Office. The SAPMG, Finance, participates in...


the Chief Security Officer and Defense Coordinator for the Postal Service. (b) The Postal Inspection Service is responsible for: (1) Protecting mail matter,...


the General Counsel. (b) Law Department. The Law Department is responsible for: (1) Serving as legal advisor to the entire Postal Service and interpreting laws as...


and internal, which may have an impact on the Postal Service environment. (b) Assisting departments in developing plans in accordance with...


reporting to the SAPMG. (a) Delivery, Distribution, and Transportation Department. The Delivery, Distribution, and Transportation Department is responsible for: ...


[Code of Federal Regulations] [Title 39, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 39CFR226.1] [Page 47] TITLE 39--POSTAL SERVICE CHAPTER I--UNITED STATES POSTAL SERVICE PART 226--GROUPS AND DEPARTMENTS REPORTING TO THE ASSOCIATE POSTMASTERS GENERAL--Table of Contents Sec. 226.1 The Associate Postmaster General (Systems). The Associate Postmaster General (Systems) is responsible for managing groups, headed by an SAPMG, and departments which make up the support functions of the Postal Service. [54 FR 29709, July 14, 1989] ...


by an Assistant Postmaster General and one department headed by the Judicial Officer. (b) Facilities Department. The Facilities Department is responsible for: ...


the SAPMG. (b) Employee Relations Department. The Employee Relations Department is responsible for: (1) Managing programs and policies for new and revised...


group consists of three departments, each reporting to the SAPMG. (b) Marketing Department. The Marketing Department is responsible for: (1) Market...


for directing activities designed to increase international postal business, and for the relationship with foreign postal administrations. (b) International...


[Code of Federal Regulations] [Title 39, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 39CFR227.1] [Page 49] TITLE 39--POSTAL SERVICE CHAPTER I--UNITED STATES POSTAL SERVICE PART 227--HEADQUARTERS RELATED FIELD UNITS--Table of Contents Sec. 227.1 General. Headquarters Related Field Units are typically single function organizations that report directly to Headquarters and serve the entire Postal Service. [52 FR 47000, Dec. 11, 1987, as amended at 54 FR 29709, July 14, 1989] ...


Service at the regional level is responsible for: (1) Protecting the mails, enforcement of Postal laws, facility and employee security, and internal auditing. ...


at Topeka, Kansas. Materiel Distribution Centers are responsible for: (1) Procuring, storing, and issuing basic supplies for use in all postal facilities. ...


OK, is responsible for: (1) Developing policies, programs, methods, and standards for the maintenance of mail processing equipment. (2) Issuing guidelines to...


(a) Receipt and processing of requests to give examinations. (b) Preparing and distributing registers of eligible applicants and notices of...


(1) Developing training materials for craft employees in maintenance and related crafts. (2) Performing training for technical employees. (b) William F. Bolger...


Raleigh, NC, is responsible for: (1) Designing new large-scale automated systems and writing the supporting program code. (2) Managing the nationwide voice and...


(a) Developing policies for and providing technical guidance and computer support to field address Information Systems units and field Computerized Forwarding System...


area, including representation before the Board of Contract Appeals, liaison with U.S. Attorneys on contract, real estate, and tort litigation, as well...


and auditing international mail handling and transportation accounts for contracts and agreements entered into by the Postal service. [54 FR 29710,...


sales operation for stamps and other philatelic products; it is supported by an order fulfillment unit in Kansas City, MO, which is responsible for the filling...


[Code of Federal Regulations] [Title 39, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 39CFR228.1] [Page 51] TITLE 39--POSTAL SERVICE CHAPTER I--UNITED STATES POSTAL SERVICE PART 228--SERVICE CENTERS--Table of Contents Sec. 228.1 General. Service Centers typically serve a regional area only and report to headquarters, providing technical guidance and support to field division employees and carrying out the day-to-day responsibilities of a function. ...


(a) Refurbishing mail processing equipment such as letter sorting machines, facer cancellers, and related equipment. (b) Providing technical advice...


(a) Procuring mail transportation services between mail processing centers. (b) Controlling the inventory of empty mail equipment. (c) Coordinating the movement...


facilities. (b) Investigating and evaluating sites for proposed postal facilities. [[Page 52]] (c) Purchasing, leasing, disposing of, and managing...


(a) Contracting for supplies, services, and equipment. (b) Maintaining systems for inventorying equipment and supplies. [54 FR 29711, July...


related to rates schedules, mail classification, and statistical systems, including guiding and monitoring bulk mail acceptance, mailing requirements, data...


and the service centers. (b) Implementing the Human Resources Information System (HRIS) in the field and training all users. (c) Providing administrative...


performing long-range operational planning. (b) Functional Units. Each region is headed by a Regional Postmaster General who reports to the Deputy Postmaster General. Each...


division is headed by a Field Division General Manager/ Postmaster who reports to the Regional Postmaster General. (b) Functional Units. Each division is organized into...


a Field Division General Manager/ Postmaster. (b) Functional Units. Each Management Sectional Center is organized into six functions: Finance, City Operations,...


General Manager/Postmaster. BMCs are responsible for processing certain types of second- and third-class mail in bulk form and parcel post mail, normally in bulk or...


independent Office of Inspector General. [[Page 55]] (b) The Inspector General reports directly to the nine presidentially appointed Governors and shall not...


papers, information, and other material relating to any matter related to the responsibilities of the Inspector General; (b) The Inspector General shall be...


the Office of Inspector General. Deliberately submitting information known to be false or misleading to the Office of Inspector General or failing to cooperate with all...


are authorized to perform the following functions in connection with their official duties: (1) Serve warrants and subpoenas issued under the authority of the...


records management, retention, and disclosure requirements. (b) The Inspector General or a designee serves as the official custodian of the records and documents of...


designated as the Security Officer for the U.S. Postal Service. That official is responsible for the issuance of instructions and regulations pertaining to security...


Officer shall be responsible for the general security of the post office, its stations and branches, in accordance with rules and regulations issued by the Chief...


and to all persons entering in or on such property. This section shall be posted and kept posted at a conspicuous place on all such property. [[Page 57]] ...


their official duties: (1) Serve warrants and subpoenas issued under the authority of the United States; (2) Make arrests without warrant for offenses against...


these circulars in the most conspicuous place in the post office lobby and in other prominent places. Post near the Notice of Reward sign. Telephone or...


for law enforcement or the protection of national security. (b) Scope. These regulations constitute the sole authority and procedure for initiating a mail cover, and...


acting upon a satisfactory evidentiary basis, may issue a mail-stop order against anyone seeking mailed remittance of money or property by means of a false-representation...


the Right to Financial Privacy Act of 1978, Title XI of Pub. L. 95-630. Act means the Right to Financial Privacy Act of 1978. (b) Purpose. The purpose of these regulations...


test purchases or test purchase procedures. It is limited to test purchases conducted according to 39 U.S.C. 3005(e). (b) Definitions--(1) Test purchase....


test purchases or test purchase procedures. It is limited to test purchases conducted according to 39 U.S.C. 3005(e). (b) Definitions--(1) Test purchase....
...


Definitions. As used in this section, the following terms have the meanings specified: (1) Appraised Value means the estimated domestic price at the time of seizure at...


conveyance. Where a conveyance has been [[Page 82]] seized and is being forfeited in a judicial proceeding for a drug- related offense, the owner may petition the...


personal use quantities of a controlled substance, written notice will be provided to the possessor of the property regarding applicable statutes and Federal regulations...


a credible threat that certain mail may contain a bomb, explosives, or other material that would endanger life or property, including firearms which are not mailable under...


upon a satisfactory evidentiary basis, may issue a mail return and/or a cease and desist order against anyone engaged in conducting a scheme or device for obtaining money...


providing postal service to the Armed Forces. (b) The Chief Inspector is responsible for military liaison. (c) Postal inspectors provide liaison between postmasters...


natural disaster, or disruptive domestic crisis. (b) Emergency Coordinator. The Chief Inspector is designated Emergency Coordinator for the Postal Service....


by the Postmaster General based on the allowable postal revenue units for the second preceding fiscal year as follows: (1) First Class. Post offices having 950 or...


the corporate limits or boundary of the city, town, or village in which the main post office is located. Stations and branches may be designated by number, letter...


of whether an existing post office should be discontinued. The rules cover any proposal to replace a post office with a community post office, station or...


of the following projects with respect to a customer service facility: expansion, relocation to another existing building, or new construction, except when the project is to meet...


one copy in files. If new location is one-fourth of a mile or more from existing location, furnish a statement signed by majority of customers approving change. When...


and Management Labor Organization Agreements. (b) Location of offices. Postal units may not be located in, or directly connected to, a room in which intoxicating liquor is...


of the Rehabilitation Act of 1973, as amended. Section 504 prohibits discrimination on the basis of disability in programs or activities conducted by executive agencies or by...


the Postal Service. (b) Area/functional vice president also includes his or her designee. (c) Electronic and information technology (EIT) includes...


the Postal Service. In accordance with section 504 of the Rehabilitation Act, no qualified individual with a disability shall, solely by reason of his or...


(a) In accordance with section 508 of the Rehabilitation Act, the Postal Service shall ensure, absent an undue burden, that the electronic and information technology the...


on the basis of disability, be subjected to discrimination in employment with the Postal Service. The definitions, requirements, and procedures of section 501 of...


provided in paragraph (b)(1) of this section, this section applies to all section 504 allegations of discrimination based upon disability in the programs or...


the public who are unable to use or who have difficulty using certain postal services may be eligible under postal regulations for special arrangements. Some of the...


policy. (1) ABA standards. Where the design standards of the Architectural Barriers Act (ABA) of 1968, 42 U.S.C. 4151 et seq., do not apply, the Postal Service may perform...


This part supplements all other postal regulations. Nothing in this part is intended to authorize any postal manager or employee to violate or exceed...


a number of special projects and programs is provided when the knowledge and abilities of postal employees are helpful. (b) Reimbursement. The Postal Service...


of disaster. This applies only to natural disasters such as those caused by floods, tornados, hurricanes, earthquakes, fires, explosions, etc., and not to those caused...


Federal Records Act of 1950, or any of its supporting regulations which provide for the conduct of records management in Federal agencies. The objective of Parts 261 through...


its business and to hold, maintain, sell, lease or otherwise dispose of such property. (b) 39 CFR 224.1(f) assigns to the Postal Service Records Office, located...


proper documentation of the organization, functions, policies, decisions, operations, procedures, activities and transactions of the Postal Service, (b) To reduce to...


of information and privacy of information programs with the assistance of FOIA coordinators in the finance function of area and district offices. (b) The...


[Code of Federal Regulations] [Title 39, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 39CFR262.1] [Page 102] TITLE 39--POSTAL SERVICE CHAPTER I--UNITED STATES POSTAL SERVICE PART 262--RECORDS AND INFORMATION MANAGEMENT DEFINITIONS--Table of Contents Sec. 262.1 Purpose and scope. This part contains the official definition of those basic records and information management terms that are frequently used throughout Postal Service regulations and directives. [[Page 103]] ...


head of a postal installation or department who maintains Postal Service records. Vice presidents are the custodians of records maintained at Headquarters. Senior medical...


information. Information which has been identified by the USPS as restricted or critical. (1) Critical information. Information that must be available in order that...


received by the Postal Service in connection with the transaction of its business and retained in its custody; for machine-readable records, a collection of logically...


lists, from which information is retrieved by the name of an individual or by some identifying number or symbol assigned to the individual, such as a Social...


Postal Service; it provides maintenance, retention, transfer, and disposal instructions for each series listed, and serves as the authority for Postal officials to implement...


other directives as well as any material not directly associated with the transaction of Postal Service business. (b) Personal papers. Those materials created or...


[Code of Federal Regulations] [Title 39, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 39CFR263.1] [Page 105] TITLE 39--POSTAL SERVICE CHAPTER I--UNITED STATES POSTAL SERVICE PART 263--RECORDS RETENTION AND DISPOSITION--Table of Contents Sec. 263.1 Purpose and scope. This part contains the policy and general regulations pertaining to the retention and disposition of records and information throughout all organizational levels and components. ...


duplicate record copies. Furthermore, it is the policy that all duplicate record copies and non-record material will be disposed of as soon as they have served...


has the authority to approve them. Furthermore, that office has the authority to dispose of Postal Service records by transfer or destruction. (b)...


to the USPS, and [[Page 106]] maintenance of accounting records regarding such disposal, must be accomplished in accordance with procedures issued by...


475 L'Enfant Plaza, SW., Washington, DC 20260-5240, or, by telephone, to the Records Specialist, (202) 268-4869. [64 FR 41290, July...


its employees, contractors or customers. To ensure that these records are available when needed, specific controls are required which affect all organizational components...


the rights and interests of the Postal Service, its employees, contractors, and customers. Vital records shall be routinely maintained at predesignated off-site locations...


Chief Postal Inspector/Emergency Coordinator shall establish and maintain the vital records program, and ensure compliance with supportive procedures. (b) Chief...


of Corporate Accounting or the USPS Emergency Coordinator, as appropriate. [44 FR 51224, Aug. 31, 1979, as amended at 60 FR 57344, Nov. 15, 1995; 64 FR 41290, July...


this part are the regulations which implement section 552 of title 5, U.S.C., the ``Freedom of Information Act,'' insofar as it applies to the Postal Service. ...


This policy requires a practice of full disclosure subject only to the specific exemptions required or authorized by law. (b) The exemptions from mandatory...


defined at Sec. 262.2(a) of this chapter. These custodians are responsible for responding in the first instance to requests from members of the public for Postal...


is not known, inquiries should be directed to the USPS Freedom of Information/Privacy Acts Officer, U.S. Postal Service, 475 L'Enfant Plaza SW., Washington, DC...


which are listed in paragraphs (a)(2), (3), (4) and (5) of Sec. 265.6 as available for public inspection and copying. Such of this material as has been created by...


request of any person, in accordance with the provisions of this part, except as otherwise provided by law or regulations, including but not limited to paragraphs (b) through...


in accordance with the provisions of this part, a request to inspect or to obtain a copy of an identifiable Postal Service record shall be in writing and bear the...


information to the Postal Service can request that the information not be disclosed pursuant to a request under the Freedom of Information Act. This section does...


while recovering the full allowable direct costs incurred by the Postal Service. The Postal Service will use the most efficient and least costly methods available to it...


States on or before February 1 of each year, with the first such report, for fiscal year 1998, due on or before February 1, 1999. Data for the report will be collected on...


of the Postal Service only in compliance with a subpoena duces tecum or appropriate court order. (2) Time, leave, and payroll records of postal employees are subject...


followed if the Postal Service or any Postal Service employee receives a demand for testimony concerning or disclosure of: (i) Records contained in the files of the...


any other federal agency is not a party. (a) Applicability of this section. The rules in this section apply to all federal, state, and local court proceedings, as well...


activities of the entire U.S. Postal Service. This includes the information interface of Postal Service employees to other employees, to individuals from the public at...


information about an individual or that affords a basis for inferring personal characteristics, or things done by or to such individual, including the record of...


will ensure Postal Service-wide compliance with this policy. (b) Custodian. Custodians are responsible for adherence to this part within their respective units and...


operations; (1) The Postal Service will: (i) Collect, solicit and maintain only such information about an individual as is relevant and necessary to accomplish...


Postal Service. (1) Upon written request, the Postal Service will notify any individual whether a specific system named by him contains a record pertaining to him. See...


have access and request amendment to personal information within a Privacy Act System of Records. (a) Submission of Requests--(1) Manner of submission. Inquiries regarding...


the period prescribed by this part, the requester shall appeal to the General Counsel, U.S. Postal Service, Washington, DC 20260-1100. (2) The requester should submit...


authorized representatives) while recovering the full allowable direct costs incurred by the Postal Service. (b) Duplication. (1) For duplicating any paper or...


other subsections of section 552a. With respect to systems of records so exempted, nothing in this part shall require compliance with provisions hereof implementing...


computerized comparison with other postal or non-postal records must submit its proposal to the USPS Freedom of Information/Privacy Acts Officer. Computer matching programs...


[Code of Federal Regulations] [Title 39, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 39CFR267.1] [Page 145] TITLE 39--POSTAL SERVICE CHAPTER I--UNITED STATES POSTAL SERVICE PART 267--PROTECTION OF INFORMATION--Table of Contents Sec. 267.1 Purpose and scope. This part addresses the protection of information and records in the custody of the Postal Service throughout all phases of information flow and within all organization components, and includes micromated, manual and data processing information. [40 FR 45726, Oct. 2, 1975] ...


the public interest, and to ensure the security, confidentiality, and integrity of official records containing sensitive or national security information, it is the policy of...


Officer will ensure within their respective areas of jurisdiction: (1) Postal Service-wide compliance with this policy and related standards and procedures; and ...


of information flow and management: (1) Information system development, (2) Information collection, (3) Information handling and processing, ...


Information (hereinafter referred to as the Executive Order) which deals with the protection, handling and classification of national security information. ...


about its customers, employees and other individuals. Information of this nature has been entrusted to the Postal Service, and employees handling it have a...


U.S. District Court to obtain judicial review of the failure of the Postal Service to comply with the requirements of the Act or its implementing regulations. In...


1986 (codified at 31 U.S.C. 3801-3812) against any person who makes, submits, or presents, or causes to be made, submitted, or presented, a false fictitious, or fraudulent...


(including money representing grants, loans, insurance, or benefits); or (2) Made to a recipient of property, services, or money from the Postal Service or to a party to...


(a) Claims. (1) Any person who makes, presents, or submits, or causes to be made, presented, or submitted, a claim that the person knows or has reason to know-- (i)...


person is liable under 31 U.S.C 3802, or a final determination that a person is liable under such statute, may provide the Postal Service with grounds for commencing...


the Investigating Official. (b)(1) For purposes of an investigation under this part, the Investigating Official may issue a subpoena requiring the production of all...


shall determine whether there is adequate evidence to believe that a person is liable under 31 U.S.C. 3802, and , if so, whether prosecution would likely result in...


notice described in Sec. 273.6 within 90 days. The Reviewing Official may refer allegations of liability to the Judicial Officer only if the Attorney General or his...


the Reviewing Official shall serve on the Respondent, pursuant to paragraph (b) of this section, a Complaint, which: (1) Specifies the allegations of liability...


be recovered in a civil action brought by the Attorney General. In any such action, no matter that was raised or that could have been raised in a hearing conducted under part 962...


subcommittees of the Congress an annual report summarizing actions taken under the Program Fraud Civil Remedies Act during the most recent 12- month period ending...


or catastrophes, such as train or highway accidents, fire, flood, etc., it will be the responsibility of the sectional center director of customer services at the office...


the scene of an accident or catastrophe are responsible for giving timely notification of the incident to the sectional center director of customer services at the office...


the processing postal officials are fulfilling their notification responsibilities on a timely basis. Should the situation arise where no postal officials are involved...


to notify firm mailers in accordance with this part of damage to or destruction of firm mailings. [39 FR 20974, June 17,...


(1) Tangible objects used for letters include, but are not limited to, paper (including paper in sheet or card form), recording disks, and magnetic tapes....


in any manner to send or carry a letter on a post route or in any manner to cause or assist such activity. Violation may result in injunction, fine or imprisonment or both...


part of the cargo or to the ordering, shipping or delivering of the cargo. (b) Letters of the carrier. (1) The sending or carrying of letters is permissible if they are...


suspension, and conditions contained in this part and in part 320 of this chapter. They should take reasonable measures to inform their customers of the contents of...


person or persons who engage in, cause, or assist such activity to pay an amount or amounts not exceeding the total postage to which it would have been entitled had...


Law Department, U.S. Postal Service, Washington, DC 20260. A numbered series of advisory opinions is available for inspection by the public in the Library of the U.S....


[Code of Federal Regulations] [Title 39, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 39CFR310.7] [Page 159] TITLE 39--POSTAL SERVICE CHAPTER I--UNITED STATES POSTAL SERVICE PART 310--ENFORCEMENT OF THE PRIVATE EXPRESS STATUTES--Table of Contents Sec. 310.7 Amendment of regulations. Amendments of the regulations in this part and in part 320 may be made only in accordance with the rulemaking provisions of the Administrative Procedure Act. [40 FR 23295, May 29, 1975] ...


\1\ Several of the items enumerated in Sec. 310.1(a)(7) do not self- evidently lie outside of the definition of ``letter''. To the extent, however, that there is...


this chapter is suspended on all post routes for data processing materials defined in paragraph (c) of this section on the terms detailed in paragraph (b) of this section,...


pursuant to Sec. 320.2 shall, as a condition to the right to operate under the suspension, notify the Private Express Liaison Officer, Customer Services...


(6) of this chapter is suspended on all post routes to permit colleges and universities to carry in their internal mail systems the letters of their bona fide student...


through (6) [[Page 162]] of this chapter is suspended on all post routes for documents, sent by a shipper or an ocean carrier from a foreign origin to a...


chapter is suspended on all post routes for extremely urgent letters if the conditions of either paragraph (b) or (c) of this section, and of the other paragraphs of this...


through (6) of this chapter is suspended on all post routes for advertisements enclosed with merchandise in parcels or accompanying periodicals under the...


suspended on all post routes to permit the uninterrupted carriage of letters from a point within the United States to a foreign country for deposit in its domestic...


provided in Sec. 320.2 will curtail operations of particular carriers existing at the time of the revocation to a level of operations (in dollar or volume terms,...


This part contains rules of conduct for the employees of the Postal Service. Employees are required to comply with the regulations in this part, and violations of...


(a) Postal Service. The United States Postal Service as established by 39 U.S.C. 201. (b) Employee. An individual appointed to a position, temporary or permanent, within...


in teaching, lecturing, or writing for the purpose of the special preparation of a person or class of persons for an examination of the Office of Personnel Management...


(a) The Ethical Conduct Officer is responsible for the administration of the ethics program of the Postal Service. In the exercise of that responsibility, the Ethical...


(a) Restrictions on the post-employment activities of persons who have been employed by the Postal Service are imposed by 18 U.S.C. 207. The Ethics Reform Act of 1989...


of this section, are subject, at all times to restrictions on their participation in political activity (5 U.S.C. subchapter III of chapter 73, and 18 U.S.C. 602, 603, and...


activities mentioned in Sec. 447.51, an employee may not: (1) Display a political picture or sticker on property owned or leased by the Postal Service. He is...


Board investigate and adjudicate allegations of political activity in violation of the regulations of the Office of Personnel Management by Postal Service...


the extent consistent with the proper performance of his postal duties and with applicable laws and regulations. Nothing in this section shall prevent an employee from serving...


seek, accept, or hold a nonpartisan State or local office subject to the provisions of this Code and in particular this section. A ``nonpartisan'' office is one filled by...


Postal Service, Washington, DC 20260: (1) Any instance in which a person either within or outside the Postal Service uses or attempts to use a bribe, undue influence,...


chapter, of the General Counsel as agent for the receipt of legal process against the Postal Service, the sole agent for service of garnishment process directed to the pay...


person or by certified or registered mail, with return receipt requested, at the address of the Authorized Agent. Service may also be made on the Authorized Agent by means of...


it can be determined from the face of the document that it is legal process in the nature of garnishment; that it is issued by a court of competent jurisdiction or...


permit prompt identification of the employee and the payments involved. Garnishment of an employee whose name and social security number is similar to but not identical with...


be added to each garnishment and the costs recovered shall be retained as offsetting collections. The Postal Service reserves the right to redetermine the administrative cost of...


legal form and contains sufficient information to identify the employee, the Authorized Agent shall send written notice that garnishment process has been served, together with...


garnishments shall release information in response to a garnishment until it is determined that sufficient information, as required in Sec. 491.4, has been received in writing...


time stamped by the Authorized Agent when received for the purpose of determining [[Page 173]] the order of receipt of process which is sufficient as to legal...


15 U.S.C. 1671-1677, including limits on the amounts which can be withheld from an employee's pay and the priority of...


submit a request to the Postal Service in person or in writing. Upon qualification and approval, the applicant is authorized in writing to manufacture meters and to lease them...


licensees under Domestic Mail Manual P030 must: (a) Satisfy the Postal Service of its integrity and financial responsibility; (b) Obtain approval of at least one...


[Code of Federal Regulations] [Title 39, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 39CFR501.3] [Page 175] TITLE 39--POSTAL SERVICE CHAPTER I--UNITED STATES POSTAL SERVICE PART 501--AUTHORIZATION TO MANUFACTURE AND DISTRIBUTE POSTAGE METERS--Table of Contents Sec. 501.3 Changes in ownership or control. Any person or concern wanting to acquire ownership or control of an authorized postage meter manufacturer must provide the Postal Service with satisfactory evidence of that person's or concern's integrity and financial responsibility. ...


Secs. 501.5 and 501.12 and administrative sanctions under Secs. 501.14 and 501.23. Except as otherwise indicated in those sections, the standard of proof shall be...


distribute any or all of a manufacturer's postage meters if the manufacturer engages in any unlawful scheme or enterprise, fails to comply with any provision in this...


is the postage printing die and postage registering mechanism of a mailing machine. It may be integral with the mailing machine or separable. In either case, the licensee must...


submit a detailed test plan to the Postal Service for approval at least 60 days before conducting the tests. The test plan must include tests that, if passed by a meter,...


the manufacturer's expense. A preliminary working model that meets the specifications in Sec. 501.6 may be submitted for tentative approval. No meter of any model may...


[Code of Federal Regulations] [Title 39, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 39CFR501.9] [Page 178] TITLE 39--POSTAL SERVICE CHAPTER I--UNITED STATES POSTAL SERVICE PART 501--AUTHORIZATION TO MANUFACTURE AND DISTRIBUTE POSTAGE METERS--Table of Contents Sec. 501.9 Security testing. The Postal Service reserves the right to require or conduct additional examination and testing at any time, without cause, of any meter submitted to the Postal Service for approval or approved by the Postal Service for manufacture and distribution. ...


to ensure that each meter model and every meter in service protects the Postal Service against loss of revenue at all times. A grant of approval of a model does...


of approved meters be deposited with the Postal Service. (b) The manufacturer must provide copies of resetting and inspection media to each licensing post office...


Postal Service has probable cause to believe that a manufacturer's meter or class of meters poses an unreasonable risk to postal revenue. Suspension of approval to manufacture...


Sec. 501.1 and its foreign affiliates, subsidiaries, assigns, dealers, independent dealers, employees, and parent corporations. (b) Each authorized meter manufacturer...


30, 1995, an authorized postage meter manufacturer may be subject to an administrative sanction for failing to comply with Sec. 501.13. (b) The Postal Service...


[Code of Federal Regulations] [Title 39, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 39CFR501.15] [Page 180] TITLE 39--POSTAL SERVICE CHAPTER I--UNITED STATES POSTAL SERVICE PART 501--AUTHORIZATION TO MANUFACTURE AND DISTRIBUTE POSTAGE METERS--Table of Contents Sec. 501.15 Materials and workmanship. All meters must adhere to the quality in materials and workmanship of the approved production model and must be manufactured with suitable jigs, dies, tools, etc., to ensure proper maintenance and interchangeability of parts. ...


following described printing cycle endurance test, which includes operation of the printing mechanism with proper registration of the selected postage value in both the...


must exercise due care to prevent loss or theft of keys or of serially numbered postage-printing dies or component parts (such as denomination-printing dies, or auxiliary...


methods approved in advance by the manager of Postage Technology Management. The postage meter must be rendered completely inoperable by the destruction process and...


[Code of Federal Regulations] [Title 39, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 39CFR501.19] [Page 181] TITLE 39--POSTAL SERVICE CHAPTER I--UNITED STATES POSTAL SERVICE PART 501--AUTHORIZATION TO MANUFACTURE AND DISTRIBUTE POSTAGE METERS--Table of Contents Sec. 501.19 Destruction of meter stamps. All meter stamps printed in the process of testing dies or meters must be collected and destroyed daily. [60 FR 30726, June 9, 1995. Redesignated at 66 FR 55097, Nov. 1, 2001] ...


[Code of Federal Regulations] [Title 39, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 39CFR501.20] [Page 181] TITLE 39--POSTAL SERVICE CHAPTER I--UNITED STATES POSTAL SERVICE PART 501--AUTHORIZATION TO MANUFACTURE AND DISTRIBUTE POSTAGE METERS--Table of Contents Sec. 501.20 Inspection of new and rebuilt meters. All new and rebuilt meters must be inspected carefully before leaving the manufacturer's meter service station. [60 FR 30726, June 9, 1995. Redesignated at 66 FR 55097, Nov. 1, 2001] ...


to all post offices under whose jurisdiction its meters are licensed for use. These items must be protected and must not be furnished to persons not authorized by the...


control, storage, maintenance, repair, replacement, and destruction or disposal of all meters and their components to enable [[Page 182]] accurate...


all meters of its manufacture except those purchased by the Postal Service. (b) On behalf of applicants, transmit electronically copies of completed PS Forms...


meter manufacturer under Sec. 501.1 that is not owned or leased by the Postal Service. (b) An authorized manufacturer that, without just cause, fails to conduct...


[Code of Federal Regulations] [Title 39, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 39CFR501.25] [Page 188] TITLE 39--POSTAL SERVICE CHAPTER I--UNITED STATES POSTAL SERVICE PART 501--AUTHORIZATION TO MANUFACTURE AND DISTRIBUTE POSTAGE METERS--Table of Contents Sec. 501.25 Meter replacement. The manufacturer must keep its postage meters in proper operating condition for licensees by replacing them when necessary or desirable to prevent mechanical breakdown. [60 FR 30726, June 9, 1995. Redesignated at 66 FR 55097, Nov. 1, 2001] ...


to the following schedule. A high-volume mailer is defined as one who has annual metered postage in excess of $12,000. [GRAPHIC] [TIFF OMITTED] TR09JN95.008 ...


undertake reasonable efforts to locate the meters by following a series of Postal Service-specified actions designed to locate the meters. If these efforts are...


a meter, as well as any access to software or security parameters, must be conducted within an approved factory or meter repair facility under the manufacturer's direct...


permits postal licensees using specially designed postage meters to reset their meters at their places of business via telephonic communications. Authorized...


Forms 3601-A, Application for a License to Lease and Use Postage meters, to the designated Postal Service central data processing facility. (b) The Postal Service...


by Public Law 107-67, section 652, 115 Stat. 514 (2001). The Office of Stamp Services has primary responsibility for administering the Semipostal Stamp Program. The Office...


value of semipostal stamps, also known as the differential, less an offset for reasonable costs, as determined by the Postal Service, consists of a contribution to...


receive funds raised through the sale of semipostal stamps. The procedure for selection of causes and recipient executive agencies is as follows: (a) In advance of the...


(1) Interested persons must timely submit an original and 20 copies of the proposal. For purposes of this section, interested persons include, but are not limited to,...


are first sold to the public under 39 U.S.C. 416. The 10-year period will commence after the sales period of the Breast Cancer Research stamp is concluded in...


is the rate of postage that would otherwise regularly apply, plus a differential of not less than 15 percent. The price of a semipostal stamp shall be an amount that is...


the Semipostal Authorization Act, as specified in Sec. 551.8. These costs are offset against the revenue received through sale of each semipostal stamp in excess of...


attributable to the semipostal stamp and that would not normally be incurred for commemorative stamps having similar sales; physical characteristics; and marketing,...


Act, provides in pertinent part that ``* * * matter reasonably published in the Federal Register when incorporated by reference therein with the approval of...


the Postal Service. However, the Procurement Manual is being implemented on the following phased basis: Headquarters Office of Procurement and Office of Design...


[Code of Federal Regulations] [Title 39, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 39CFR601.102] [Page 198] TITLE 39--POSTAL SERVICE CHAPTER I--UNITED STATES POSTAL SERVICE PART 601--PROCUREMENT OF PROPERTY AND SERVICES--Table of Contents Sec. 601.102 Applicability and coverage. (a) The Procurement Manual applies to all Postal Service procurements of property and services. (b) When fully effective, the Procurement Manual supersedes the Postal Contracting Manual. ...


and Policy--covers general procurement policies, including the delegation of procurement authority and responsibility. (b) Chapter...


be obtained, from the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402-9325. The Manual may be examined during normal business hours at the...


text of such changes will be filed with the Director, Office of the Federal Register. Subscribers to the Basic Manual will receive from time to time the amendments from...


(hereinafter, intellectual properties) having significant economic or other business value, except when to do so would be contrary to the best interest of the...


Philatelic and Retail Services Department, formulates the program for the management of the Postal Service's rights in intellectual property (except patents and technical...


property other than patents and technical data rights in Postal Service contracts must be sent to: Office of Licensing, Philatelic and Retail Services Department,...


(other than subpart O), as amended from time to time, shall apply insofar as appropriate to obligations of the U.S. Postal Service to the extent they are consistent with the...


Federal Reserve Bank which agrees to issue Postal Service securities in book-entry form) as fiscal agent of the United States acting on behalf of the Postal Service and...


means of entries on its records which shall include the name of the depositor, the amount, the loan title (or series) and maturity date; (b) effect conversions...


provided for in this part to any Postal Service securities which have been or are hereafter deposited for any purpose in accounts with it in its individual...


United States) or to the United States, or to any transferee or pledgee eligible to maintain an appropriate book-entry account in its name with a Reserve bank under this part,...


like definitive Postal Service securities to itself or on its order to a transferee. (b) Postal Service securities which are actually to be delivered upon withdrawal may...


delivered them according to the instructions of its depositor is not liable for conversion or for participation in breach of fiduciary duty even though the depositor had...


by a Reserve Bank (in either its individual capacity or as fiscal agent of the United States) on the effective date of this part for any purpose specified in...


be charged in the Postal Service Fund on the interest due date and remitted or credited in accordance with the depositor's instructions. Such securities shall be...


order, designated a Disbursement Postal Money Order in payment of Postal Service obligations. Disbursement Postal Money Orders are distinguishable on their face from...


Money Order means a money order (described in Part 762) issued by the Postal Service to pay one of its own obligations. (b) Federal Reserve Bank means a Federal...


solely for the purpose of paying Postal Service obligations. Accordingly, Disbursement Postal Money Orders may be issued in lieu of U.S....


Orders may be issued for any amount appropriate to pay Postal Service Obligations. There is no maximum amount above which a Disbursement Postal Money Order may not...


not made by Disbursement Postal Money Order are made by cash, U.S. Treasury Check, or by regular postal money order, and may be made by electronic...


The regulations in this subpart prescribe the requirements for endorsement and the conditions for payment of Disbursement Postal Money Orders drawn by the...


[Code of Federal Regulations] [Title 39, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 39CFR762.22] [Page 206] TITLE 39--POSTAL SERVICE CHAPTER I--UNITED STATES POSTAL SERVICE PART 762--DISBURSEMENT POSTAL MONEY ORDERS--Table of Contents Subpart B--Endorsements, Payment, Guaranties, Warranties and Processing of Disbursement Postal Money Orders Sec. 762.22 Definitions. For definitions applicable to this subpart see Sec. 762.12 of this chapter. ...


All Disbursement Postal Money Orders drawn by the Postal Service are payable without limitation of time. The Postal Service shall have the usual right of a drawee to...


The presenting bank and the endorsers of a Disbursement Postal Money Order presented to the Postal Service for payment shall be deemed to guarantee to the...


paid disbursement postal money orders. The Postal Service shall have the right to demand refund from the presenting bank of the amount of a paid Disbursement Postal...


cash disbursement postal money orders. Post offices and other postal facilities shall not be expected to cash Disbursement Postal Money Orders or to return cash for...


money orders by Federal Reserve Banks. In accordance with an agreement between the Postal Service and the Federal Reserve Banks as depositaries and fiscal agents...


postal money orders. An original Disbursement Postal Money Order may be released to a responsible endorser only upon receipt of a properly authorized...


money orders by payees. (a) General requirements. Disbursement Postal Money Orders shall be endorsed by the payee or the payees named, or by another on behalf...


orders issued to incompetent payees. (a) If the Disbursement Postal Money Order is endorsed by a legal guardian or other fiduciary and presented for payment by a bank it...


orders issued to deceased payees. (a) If the Disbursement Postal Money Order is endorsed by an Executor or Administrator and presented for payment by a bank it will...


loss, destruction, or mutilation. (a) In the event of the non-receipt, loss, or destruction of a Disbursement Postal Money Order, or the mutilation or defacement of...


postal money orders; requirements for undertaking of indemnity. In the case of a request for a substitute Disbursement Postal Money Order: (a)...


postal money order. Upon approval of the undertaking of indemnity, application, or statement of claim, the Money Order Division shall issue to the claimant...


original disbursement postal money order. (a) If the original Disbursement Postal Money Order is received or recovered by the owner after he has requested the Postal Service...


payment. Requests for removal of stoppage of payment shall be addressed to the Money Order Division. No request for removal of stoppage of payment shall be accepted...


[Code of Federal Regulations] [Title 39, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 39CFR775.1] [Page 210] TITLE 39--POSTAL SERVICE CHAPTER I--UNITED STATES POSTAL SERVICE PART 775--NATIONAL ENVIRONMENTAL POLICY ACT PROCEDURES--Table of Contents Sec. 775.1 Purpose. These procedures implement the National Environmental Policy Act (NEPA) regulations (40 CFR part 1500) issued by the Council on Environmental Quality (CEQ). [63 FR 45719, Aug. 27, 1998] ...


the United States in accordance with the policies set forth in the National Environmental Policy Act, as amended, and the NEPA Regulations. (b) Make the NEPA process...


The officer in charge of the facilities or real estate organization is responsible for the development of NEPA policy as it affects real estate or...


40 CFR part 1508, the following definitions apply to this part: Approving official means the person or group of persons, who authorizes funding as established through...


EIS when necessary based on the factors identified in 40 CFR 1508.27. (b) Actions requiring an environmental assessment. Classes of actions that will require an...


cumulatively have a significant impact on the human environment. To be categorically excluded, it must be determined that a proposed action fits within a class listed...


that may be attributable to the proposed action. Operational and facility personnel must cooperate in the early concept stages of a program or project. If it...


coordinators, planners, decision makers, and other officials responsible for actions, will, as appropriate: (1) Use a systematic approach that integrates natural...


of environmental consideration as the determination that the proposed action does not require an environmental assessment. An environmental assessment must be prepared for...


(2) A description of the proposed action, (3) For each reasonable alternative, a description of the affected environment, the environmental consequences, the mitigation...


be followed to determine what issues are to be addressed and in what depth: (1) Affected Federal, State, and local agencies and other interested persons are invited...


final environmental impact statements received in that office during the preceding week. The minimum time periods for decision on an action, specified in paragraphs (b) through (d)...


environmental impact statements, and the [[Page 220]] availability of environmental documents (that is, environmental assessments, findings of no significant...


a request for a hearing by any responsible individual or organization; (2) A request for a hearing by an agency with jurisdiction over or special expertise...


11990, Protection of Wetlands, and 11988, Floodplain Management, and are [[Page 221]] adopted pursuant to the Postal Reorganization Act, as the...


the Postal Service's facilities organization, in conjunction with the appropriate Vice President, Area Operations, or functional equivalent within the Postal...


buildings, structures and improvements. Contending site means a site or existing building for a proposed postal facility action, which meets the requirements of the...


facility actions located in a floodplain: (1) New construction, owned or leased; or (2) Construction projects at an existing facility that would increase...


through (f) of this section, when a facility action may involve floodplain issues. Under certain circumstances, this process may be carried out with fewer steps if...


in a floodplain, construction must conform, at a minimum, to the standards and criteria of the National Flood Insurance Program (NFIP), except where those standards...


property in floodplains is proposed for lease, easement, right-of-way, or disposal to non-federal public or private parties, the Postal Service shall: (a) Reference in...


facility actions located in a wetland: (1) New construction, owned or leased; or (2) Construction projects at an existing facility that would alter the...


require construction in a wetland, public notice must be provided. (b) Finding of no practicable alternative. The Postal Service shall avoid construction located in...


wetlands or portions of wetlands are proposed for lease, easement, right-of-way, or disposal to non-federal public or private parties, the Postal Service shall: ...


Service to comply voluntarily with the provisions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Pub. L. 91-646; 84 Stat....


[Code of Federal Regulations] [Title 39, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 39CFR777.12] [Page 224] TITLE 39--POSTAL SERVICE CHAPTER I--UNITED STATES POSTAL SERVICE PART 777--RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION POLICIES-- Table of Contents Subpart A--General Policy, Purpose and Definitions Sec. 777.12 Purpose. The purpose of these regulations is to update policy and procedures for the Postal Service's voluntary compliance with the Act. ...


and Real Property Acquisition Policies Act of 1970 (Pub. L. 91-646; 84 Stat. 1894). (b) Business. Any lawful activity, except a farm operation, that is: ...


shall take no indirect, coercive, or deceptive actions to cause persons to move from real property in an effort to avoid the circumstances under which such persons would...


Selection. When acquisition of a site under consideration would likely involve displacement of a person eligible under Sec. 777.13 for relocation assistance, the Postal...


The Postal Service carries out an advisory assistance program for displaced persons. (b) Relocation Information. The Postal Service must contact each displaced person...


persons are entitled to benefits under paragraphs (b) and (c) of this section. (2) Business and farm displaced persons are entitled to benefits under paragraphs...


persons are eligible for replacement housing payments as follows: (1) Residential displaced persons who lawfully and continuously owned and occupied a...


(a) Multiple Owners. When a single family dwelling is owned by more than one person and occupied by only some of the 180 day owners (for example, when the dwelling is owned by...


who are occupants of mobile homes are eligible for moving expenses under Sec. 777.23 subject to the following: (1) If the person owns the mobile home, moving expenses...


Provide Last Resort Housing. A displaced person cannot be required to move from his or her dwelling unless at least one comparable replacement dwelling is made available to him...


relocation representative should assist eligible displaced persons in the preparation of claims for moving assistance and relocation housing assistance. Preliminary review...


The Postal Service, as a matter of policy, acquires interests in real property through voluntary agreements with owners. Only under unusual and compelling circumstances,...


Improvements. When acquiring any interest in real property, [[Page 242]] the Postal Service must acquire at least an equal interest in all buildings, structures,...


(a) Reimbursement. When property is acquired through the exercise or the threat of the exercise of eminent domain, the owner shall be reimbursed for all reasonable expenses he or...


rules for voluntary purchases are set out in Handbook RE-1, Realty Acquisition and Management and cover such areas as appraisal and negotiation procedures. ...


prevent a person from making a gift or donation of real property or any part thereof, or any interest therein, or of any compensation paid therefor, to the Postal Service....


of Federal Programs,'' issued July 14, 1982 and amended on April 8, 1983. These regulations also implement applicable provisions of section 401 of the...


1983, and titled ``Intergovernmental Review of Federal Programs.'' State means any of the 50 states, the District of Columbia, the Commonwealth of Puerto Rico,...


[Code of Federal Regulations] [Title 39, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 39CFR778.3] [Page 243] TITLE 39--POSTAL SERVICE CHAPTER I--UNITED STATES POSTAL SERVICE PART 778--INTERGOVERNMENTAL REVIEW OF POSTAL SERVICE FACILITY ACTIONS-- Table of Contents Sec. 778.3 What categories of facility project actions of the Postal Service are subject to these regulations? The Postal Service publishes in the Federal Register a list of its categories of facility project actions that are subject to these regulations. ...


consultation by elected officials of those state and local governments that would be directly affected by the Postal Service's facility project actions. (b) If a...


practicable, consults with and seeks advice from other federal departments and agencies substantially affected by Postal Service facility project actions covered under...


categories of facility project actions published in the Federal Register in accordance with Sec. 778.3 for intergovernmental review under these regulations. Each state,...


(a) [Reserved] (b) The Postal Service provides notice directly to affected state, areawide, regional, and local entities in a state of a proposed direct...


unusual circumstances, the Postal Service gives state processes or directly affected state, areawide, regional and local officials and entities: (1) [Reserved] (2)...


if: [[Page 245]] (1) A state office or official is designated to act as a single point of contact between a state process and all federal agencies, and ...


state process recommendation to the Postal Service through its single point of contact, the Postal Service either: (1) Accepts the recommendation; (2) Reaches...


(1) Identifying proposed direct federal development projects that have an impact on interstate areas; (2) Notifying appropriate officials and entities in states which...


[Code of Federal Regulations] [Title 39, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 39CFR778.13] [Page 246] TITLE 39--POSTAL SERVICE CHAPTER I--UNITED STATES POSTAL SERVICE PART 778--INTERGOVERNMENTAL REVIEW OF POSTAL SERVICE FACILITY ACTIONS-- Table of Contents Sec. 778.13 May the Postal Service waive any provision of these regulations? In an emergency, the Postal Service may waive any provision of these regulations. ...


settlement of claims made against the U.S. Postal Service under the Federal Tort Claims Act and 39 U.S.C. 2603, with authority to redelegate the functions to...


of chapter 171 and all other provisions of title 28, U.S.C., relating to tort claims shall apply to tort claims arising out of the activities of the Postal Service. (39...


Federal Tort Claims Act must be presented within two years from the date the claim accrues. (b) Suit. Suit must be filed within six months after the date of mailing...


postmaster of the office within the delivery limits of where the accident happened, but may be filed at any office of the Postal Service, or sent directly to the Assistant...


of this part, a claim shall be deemed to have been presented when the U.S. Postal Service receives from a claimant, his duly authorized agent or legal representative,...


injury to or loss of property may be presented by the owner of the property, his duly authorized agent, or legal representative. (b) A claim for personal injury may...


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...


In order to exhaust the administrative remedy provided, a claimant shall submit substantial evidence to prove the extent of any losses incurred and any injury sustained, so as...


shall be in writing and sent to the claimant, his attorney, or legal representative by certified or registered mail. The notification of final denial may include...


General Counsel or his designee, upon consideration of all the evidence submitted, finds that compensation is due a claimant, payment will be made by the U.S. Postal Service and...


2679(b) provide that the remedy against the United States, as provided by sections 1346(b) and 2672 of title 28, for injury or loss or personal injury or death resulting from...


Service to adjust, determine, compromise, and settle a claim under the provisions of the Federal Tort Claims Act shall, if the amount of a proposed compromise, settlement,...


[Code of Federal Regulations] [Title 39, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 39CFR912.13] [Page 250] TITLE 39--POSTAL SERVICE CHAPTER I--UNITED STATES POSTAL SERVICE PART 912--PROCEDURES TO ADJUDICATE CLAIMS FOR PERSONAL INJURY OR PROPERTY DAMAGE ARISING OUT OF THE OPERATION OF THE U.S. POSTAL SERVICE--Table of Contents Sec. 912.13 Attorneys' fees. The provisions of 28 U.S.C. 2678 should be consulted in determining the amount of the attorneys' fees. [36 FR 12448, June 30, 1971. Redesignated at 45 FR 43720, June 30, 1980] ...


of the full amount claimed or acceptance by the claimant, his agent, or legal representative, of any award, compromise, or settlement made pursuant to the provisions of...


responsible for the issuance of subpoenas in investigations conducted under 39 U.S.C. 3005(a), with authority to delegate that function to a Deputy General Counsel. ...


a person designated under section 3061 of title 18 at any place within the territorial jurisdiction of any court of the United States. (b) Foreign service. Any such subpoena...


to comply with any subpoena duly served upon him, the General Counsel may request that the Attorney General seek enforcement of the subpoena in the district court of the...


[Code of Federal Regulations] [Title 39, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 39CFR913.4] [Page 252] TITLE 39--POSTAL SERVICE CHAPTER I--UNITED STATES POSTAL SERVICE PART 913--PROCEDURES FOR THE ISSUANCE OF ADMINISTRATIVE SUBPOENAS UNDER 39 U.S.C. 3016--Table of Contents Sec. 913.4 Disclosure. Any documentary material provided pursuant to any subpoena issued under this section shall be exempt from disclosure under section 552 of title 5, United States Code. PART 916 [RESERVED] ...


a carrier of mail by vessel which has transported mail pursuant to the provisions of Chapter 4, USPS Purchasing Manual, has unreasonably or unnecessarily delayed the mails,...


be reported in the prescribed format by the cognizant postal official or designated representative. As soon as possible the reporting authority will ask the...


assess penalties, fines, deductions, or damages. This part does not limit other remedies available to the Postal Service, including such remedies as summary action to withhold tender...


be deposited with the Manager, Accounting Division or the appropriate postal data center. If the offer in compromise is rejected the amount deposited will be returned....


governing the disposition of recovered stolen mail matter and any other property (real, personal, tangible or intangible) obtained by the Postal Inspection Service...


Where an apparent owner of property subject to this part is known, the Chief Postal Inspector or delegate will mail, by certified mail to the apparent owner's last...


Claims submitted with respect to property subject to this part, possession of which is unlawful, must be denied, in writing, by certified mail and the...


(a) Where no apparent owner of property subject to this part is known, except property described in Sec. 946.3, and the Chief Postal Inspector or delegate estimates that...


$200. Where the owner of property subject to this part is unknown and the Chief Postal Inspector or delegate estimates that fair market value of such property is...


for filing claims. (a) Upon expiration of the time provided in Secs. 946.2 and 946.4(a)(3) for the filing of claims or any extension thereof, and without...


to this part must be submitted on Postal Service Form 1503 which may be obtained from the Inspector in Charge who has custody of the...


of a claim under this part, the Postal Inspection Service must conduct an investigation to determine the merits of the claim. The results of the investigation must be submitted...


for reconsideration of denied claims may be submitted within 10 days of the postmarked date of the mailing denying the claim. Such requests must be addressed to the...


subject to this part will be retained for a period of 3 years following return of the property to its owner or a determination that the property...


Property declared abandoned, including cash, and proceeds from the sale of property subject to this part may be shared by the Postal Inspection Service with federal,...


[Code of Federal Regulations] [Title 39, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 39CFR951.1] [Page 256] TITLE 39--POSTAL SERVICE CHAPTER I--UNITED STATES POSTAL SERVICE PART 951--PROCEDURE GOVERNING THE ELIGIBILITY OF PERSONS TO PRACTICE BEFORE THE POSTAL SERVICE--Table of Contents Sec. 951.1 Authority for rules. The Judicial Officer promulgates these rules pursuant to authority delegated by the Postmaster General. ...


the Board of Contract Appeals or an Administrative Law Judge may appear for himself or by an attorney at law. (b) The head of any department of the Postal...


Service or in any other executive department of any of the governmental entities mentioned in Sec. 951.2(c) will be eligible to practice before the Postal Service until...


the Postal Service or any Administrative Law Judge may require any person to present satisfactory evidence of his authority to represent the person for whom...


or if complaint be made to him, that any person is guilty of conduct subjecting him to suspension or disbarment, the head of such office shall report the same to the...


disbar any person against whom a complaint has been made and upon whom charges have been served as provided in Sec. 951.5 if he finds that such person: (1) Does not possess...


be given to the heads of the departments of the Postal Service and to the other Executive Departments, and thereafter, until otherwise ordered, such disbarred persons will...


[Code of Federal Regulations] [Title 39, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 39CFR951.8] [Page 258] TITLE 39--POSTAL SERVICE CHAPTER I--UNITED STATES POSTAL SERVICE PART 951--PROCEDURE GOVERNING THE ELIGIBILITY OF PERSONS TO PRACTICE BEFORE THE POSTAL SERVICE--Table of Contents Sec. 951.8 Ex parte communications. The provisions of 5 U.S.C. 551(14), 556(d) and 557(d) prohibiting ex parte communications are made applicable to proceedings under these rules of practice. [42 FR 5357, Jan. 28, 1977] ...


[Code of Federal Regulations] [Title 39, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 39CFR952.1] [Page 258] TITLE 39--POSTAL SERVICE CHAPTER I--UNITED STATES POSTAL SERVICE PART 952--RULES OF PRACTICE IN PROCEEDINGS RELATIVE TO FALSE REPRESENTATION AND LOTTERY ORDERS--Table of Contents Sec. 952.1 Authority for rules. These rules of practice are issued by the Judicial Officer of the U.S. Postal Service (See Sec. 952.26) pursuant to authority delegated by the Postmaster General. ...


Postal Service, 39 U.S.C. 3005, including such cases instituted under prior rules of practice pertaining to these or predecessor statutes, unless timely shown to be prejudicial...


the parties either before or after the filing of a complaint when time, the nature of the proceeding, and the public...


Boulevard, Suite 600, Arlington, VA 22201-3078, and are open Monday through Friday except holidays from 8:15 a.m. to 4:45 p.m. [63 FR 66050, Dec....


that a person is using the mails in a manner requiring formal administrative action under 39 U.S.C. 3005, he shall prepare and file with the Recorder a complaint which names...


U.S.C. 3005, mail addressed to a respondent may be impounded upon obtaining an appropriate order from a U.S. District Court, as provided in 39...


is within the United States, the Recorder shall issue a notice of answer and hearing stating the date for filing an answer which shall not exceed 15 days from the...


cause a notice of answer and hearing and a copy of the complaint to be transmitted to the postmaster at any office of address of the Respondent or to the inspector in charge...


orders and other documents for the record. The Recorder shall cause copies to be delivered promptly to other parties to the proceeding and to the presiding officer. ...


of the allegations set forth in the complaint. (b) Any facts alleged in the complaint which are not denied or are expressly admitted in the answer may be considered...


of answer and hearing, he shall be deemed in default, and to have waived hearing and further procedural steps. The Judicial Officer shall thereafter issue orders and/or assess...


Amendments proposed thereafter shall be filed with the presiding officer. (b) By consent of the parties a pleading may be amended at any time. Also, a party may...


[Code of Federal Regulations] [Title 39, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 39CFR952.13] [Page 261] TITLE 39--POSTAL SERVICE CHAPTER I--UNITED STATES POSTAL SERVICE PART 952--RULES OF PRACTICE IN PROCEEDINGS RELATIVE TO FALSE REPRESENTATION AND LOTTERY ORDERS--Table of Contents Sec. 952.13 Continuances and extensions. Continuances and extensions will not be granted by the presiding officer except for good cause shown. ...


[Code of Federal Regulations] [Title 39, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 39CFR952.14] [Page 261] TITLE 39--POSTAL SERVICE CHAPTER I--UNITED STATES POSTAL SERVICE PART 952--RULES OF PRACTICE IN PROCEEDINGS RELATIVE TO FALSE REPRESENTATION AND LOTTERY ORDERS--Table of Contents Sec. 952.14 Hearings. Hearings are held at 2101 Wilson Boulevard, Suite 600, Arlington, VA 22201-3078, or other locations designated by the presiding officer. [63 FR 66050, Dec. 1, 1998] ...


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...


attorney may practice before the Postal Service in accordance with applicable rules issued by the Judicial Officer. See part 951 of this chapter. (c) When a respondent...


qualified in accordance with law or the Judicial Officer (39 U.S.C. 204). The Chief Administrative Law Judge shall assign cases to Administrative Law Judges upon rotation so...


govern. However, such rules may be relaxed to the extent that the presiding officer deems proper to insure a fair hearing. The presiding officer shall exclude irrelevant,...


263]] on his own initiative, the presiding officer may issue a subpoena requiring: (1) Testimony at a deposition. The deposing of a witness in the...


[Code of Federal Regulations] [Title 39, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 39CFR952.20] [Page 264] TITLE 39--POSTAL SERVICE CHAPTER I--UNITED STATES POSTAL SERVICE PART 952--RULES OF PRACTICE IN PROCEEDINGS RELATIVE TO FALSE REPRESENTATION AND LOTTERY ORDERS--Table of Contents Sec. 952.20 Witness fees. The Postal Service does not pay fees and expenses for respondent's witnesses or for depositions requested by respondent. ...


(a) Not later than 5 days after the filing of Respondent's answer, any party may file application with the Recorder for the taking of testimony by deposition. In support of...


Service under the supervision of the assigned presiding officer. Argument upon any matter may be excluded from the transcript by order of the presiding officer. A copy of...


answer the complaint or, having answered, either fails to appear at the hearing or indicates in the answer that he does not desire to appear, may, unless at the discretion of...


be rendered by an Administrative Law Judge with all due speed. The initial decision shall include findings and conclusions with the reasons therefor upon all the material issues...


by an Administrative Law Judge, except a party who failed to file an answer, may appeal to the Judicial Officer by filing exceptions in a brief on appeal within 15 days...


(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...


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...


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...


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...


to believe that a person is evading or attempting to evade the provisions of any such orders by conducting the same or a similar enterprise under a different name or at...


and includes the last day of the period unless the last day is a Saturday, Sunday, or legal holiday, in which event the period runs until the close of business on the...


[Code of Federal Regulations] [Title 39, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 39CFR952.32] [Page 269] TITLE 39--POSTAL SERVICE CHAPTER I--UNITED STATES POSTAL SERVICE PART 952--RULES OF PRACTICE IN PROCEEDINGS RELATIVE TO FALSE REPRESENTATION AND LOTTERY ORDERS--Table of Contents Sec. 952.32 Official record. The transcript of testimony together with all pleadings, orders, exhibits, briefs and other documents filed in the proceeding shall constitute the official record of the proceeding. ...


Library copies of all initial, tentative and final Agency decisions and orders. The Recorder maintains the complete official record of every proceeding. [48 FR 55127,...


[Code of Federal Regulations] [Title 39, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 39CFR952.34] [Page 269] TITLE 39--POSTAL SERVICE CHAPTER I--UNITED STATES POSTAL SERVICE PART 952--RULES OF PRACTICE IN PROCEEDINGS RELATIVE TO FALSE REPRESENTATION AND LOTTERY ORDERS--Table of Contents Sec. 952.34 Ex parte communications. The provisions of 5 U.S.C. 551(14), 556(d) and 557(d) prohibiting ex parte communications are made applicable to proceedings under these rules of practice. [42 FR 5357, Jan. 28, 1977] ...


[Code of Federal Regulations] [Title 39, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 39CFR953.1] [Page 269] TITLE 39--POSTAL SERVICE CHAPTER I--UNITED STATES POSTAL SERVICE PART 953--RULES OF PRACTICE IN PROCEEDINGS RELATIVE TO MAILABILITY--Table of Contents Sec. 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. ...


[Code of Federal Regulations] [Title 39, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 39CFR953.2] [Page 269] TITLE 39--POSTAL SERVICE CHAPTER I--UNITED STATES POSTAL SERVICE PART 953--RULES OF PRACTICE IN PROCEEDINGS RELATIVE TO MAILABILITY--Table of Contents Sec. 953.2 Initiation. Mailability proceedings are initiated upon the filing of a written appeal with the Recorder, Judicial Officer Department, U.S. Postal Service, 2101 Wilson Boulevard, Suite 600, Arlington, VA 22201-3078. [63 FR 66050, Dec. 1, 1998] ...


or ruling being appealed; (c) Describe the character or content of the matter the appellant wishes to have carried and delivered by the U.S. Postal Service; ...


issue a notice specifying that the Postal Service General Counsel's reply shall be filed within 15 days of receipt of the notice; and the time and place of the hearing (if...


relevant evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, or by considerations of undue delay, or...


mailability, and the scheduled hearing date may be postponed by the presiding officer for such period of time as may be necessary to accommodate settlement discussions between...


the Judicial Officer, who [[Page 271]] may find that the General Counsel is in default. Whenever the General Counsel has been deemed to be in default, the Judicial...


[Code of Federal Regulations] [Title 39, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 39CFR953.8] [Page 271] TITLE 39--POSTAL SERVICE CHAPTER I--UNITED STATES POSTAL SERVICE PART 953--RULES OF PRACTICE IN PROCEEDINGS RELATIVE TO MAILABILITY--Table of Contents Sec. 953.8 Location of hearing. Unless otherwise ordered by the presiding officer, the hearing shall be held at 2101 Wilson Boulevard, Suite 600, Arlington, VA 22201-3078, on the date set in the notice. [63 FR 66050, Dec. 1, 1998] ...


the scheduled hearing be held at a place other than that designated in the notice. The motion shall include a supporting statement outlining: (1) The evidence to be offered...


law (5 U.S.C. 3105) and assigned by the Judicial Officer (39 U.S.C. 204), or the Judicial Officer, may at his discretion, elect to preside at the reception of evidence....


[Code of Federal Regulations] [Title 39, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 39CFR953.11] [Page 271] TITLE 39--POSTAL SERVICE CHAPTER I--UNITED STATES POSTAL SERVICE PART 953--RULES OF PRACTICE IN PROCEEDINGS RELATIVE TO MAILABILITY--Table of Contents Sec. 953.11 Proposed findings of fact and conclusions of law. Proposed findings of fact and conclusions of law shall be submitted orally or in writing at the conclusion of the hearing, or otherwise, as ordered by the presiding officer. ...


decision as expeditiously as practicable after the conclusion of the hearing and the receipt of the proposed findings and conclusions, if any. The initial decision...


days after receipt of the initial decision unless additional time is granted. A reply brief may be filed within 5 days after the receipt of the appeal brief by the...


[Code of Federal Regulations] [Title 39, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 39CFR953.14] [Page 271] TITLE 39--POSTAL SERVICE CHAPTER I--UNITED STATES POSTAL SERVICE PART 953--RULES OF PRACTICE IN PROCEEDINGS RELATIVE TO MAILABILITY--Table of Contents Sec. 953.14 Final Agency decision. The Judicial Officer shall render a final Agency decision. The decision shall be served upon the parties and the postal official having custody of any mail detained pursuant to the determination or ruling. ...


than that specified in the notice. Either party may also move to have the initial decision (if an Administrative Law Judge or the Judicial Officer is presiding) or the...


from the date of the Postal Service decision, unless that period is extended by the Judicial Officer. During this holding period, the appellant may apply for the withdrawal...


[Code of Federal Regulations] [Title 39, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 39CFR953.17] [Page 272] TITLE 39--POSTAL SERVICE CHAPTER I--UNITED STATES POSTAL SERVICE PART 953--RULES OF PRACTICE IN PROCEEDINGS RELATIVE TO MAILABILITY--Table of Contents Sec. 953.17 Ex parte communications. The provisions of 5 U.S.C. 551(14), 556(d), and 557(d) prohibiting ex parte communications are made applicable to proceedings under these rules of practice. ...


[Code of Federal Regulations] [Title 39, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 39CFR954.1] [Page 272] TITLE 39--POSTAL SERVICE CHAPTER I--UNITED STATES POSTAL SERVICE PART 954--RULES OF PRACTICE IN PROCEEDINGS RELATIVE TO THE DENIAL, SUSPENSION, OR REVOCATION OF PERIODICALS MAIL PRIVILEGES--Table of Contents Sec. 954.1 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. ...


concerning applications, denials, suspensions and revocations of Periodicals mailing privileges arising under former title 39 U.S.C. 4351, 4352, 4353, 4354,...


Periodicals mailing privilege matters before or after institution of proceedings. [36 FR 11567, June 16, 1971, as amended at 62 FR 66998, Dec....


rules are located at 2101 Wilson Boulevard, Suite 600, Arlington, VA 22201-3078 and are open Monday through Friday from 8:15 a.m. to 4:45 p.m. [63 FR 66050, Dec....


privileges. (See Sec. E213 of the Domestic Mail Manual.) An authorized administrative official of the Postal Service (hereinafter called ``the authorized...


a publication is no longer entitled to Periodicals mailing privileges, he or she shall issue a ruling of suspension or revocation to the publisher at the last known address...


become final upon failure of the publisher to file a petition in accordance with the requirements of Sec. 954.8(b). [36 FR 11567, June 16, 1971, as amended at 38...


copies of all documents of record, unless otherwise ordered by the presiding officer with the Recorder of the Postal Service, who shall cause copies to be delivered to the...


may: (a) Dismiss the petition; (b) order the petitioner to show cause within 30 days from the date of the order why an order of dismissal should not be entered,...


in a proceeding, any person may file a timely application in accordance with Sec. 954.8(a). A timely application is one which will not unduly delay the proceeding....


[Code of Federal Regulations] [Title 39, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 39CFR954.11] [Page 274] TITLE 39--POSTAL SERVICE CHAPTER I--UNITED STATES POSTAL SERVICE PART 954--RULES OF PRACTICE IN PROCEEDINGS RELATIVE TO THE DENIAL, SUSPENSION, OR REVOCATION OF PERIODICALS MAIL PRIVILEGES--Table of Contents Sec. 954.11 Hearings. Hearings are held at 2101 Wilson Boulevard, Suite 600, Arlington, VA 22201-3078, or other locations designated by the presiding officer. [63 FR 66050, Dec. 1, 1998] ...


of the answer, a party may file a request that a hearing be held to receive evidence in his or her behalf at a place other than that designated for hearing in the notice....


of his or her staff designated by him or her shall represent the authorized official. (b) A publisher or intervenor may appear and be heard in person or by...


assign each case to an Administrative Law Judge qualified in accordance with law to preside over the hearing. Such assignments shall be made, so far as practical,...


presiding officer at hearings and (b) to render a final Postal Service Decision for the Postmaster General. On appeal from an Initial Decision of an Administrative Law Judge,...


proceedings in matters not involving trial by jury in the courts of the United States apply. The rules may be relaxed to the extent that the presiding officer may...


supervision of the presiding officer shall report hearings. The reporter shall supply the parties with copies of the transcript at rates not to exceed those fixed by...


submit proposed findings of fact and conclusions of law to the presiding officer. The presiding officer shall determine whether they shall be oral or written. The presiding...


may render an oral initial decision at the close of the hearing when the nature of the case and the public interest warrant. If a party desires an oral initial...


decision by filing exceptions in a brief on appeal within 15 days from the receipt of a written or oral initial decision. (b) The time for the filing of the reply brief...


[Code of Federal Regulations] [Title 39, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 39CFR954.21] [Page 277] TITLE 39--POSTAL SERVICE CHAPTER I--UNITED STATES POSTAL SERVICE PART 954--RULES OF PRACTICE IN PROCEEDINGS RELATIVE TO THE DENIAL, SUSPENSION, OR REVOCATION OF PERIODICALS MAIL PRIVILEGES--Table of Contents Sec. 954.21 Motion for reconsideration. Within 10 days from the date thereof, or such longer period as may be fixed by the Judicial Officer, either party may file a motion for reconsideration of a final Agency decision. ...


[Code of Federal Regulations] [Title 39, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 39CFR954.22] [Page 277] TITLE 39--POSTAL SERVICE CHAPTER I--UNITED STATES POSTAL SERVICE PART 954--RULES OF PRACTICE IN PROCEEDINGS RELATIVE TO THE DENIAL, SUSPENSION, OR REVOCATION OF PERIODICALS MAIL PRIVILEGES--Table of Contents Sec. 954.22 Continuances. For good cause shown, continuances or extensions may be granted by the presiding officer. Similar action may be taken by the Judicial Officer when the proceeding is on appeal. ...


the day the period begins, and includes the last day of the period unless the last day is a Saturday, Sunday, or holiday, in which event the period runs until the close...


[Code of Federal Regulations] [Title 39, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 39CFR954.24] [Page 277] TITLE 39--POSTAL SERVICE CHAPTER I--UNITED STATES POSTAL SERVICE PART 954--RULES OF PRACTICE IN PROCEEDINGS RELATIVE TO THE DENIAL, SUSPENSION, OR REVOCATION OF PERIODICALS MAIL PRIVILEGES--Table of Contents Sec. 954.24 Official record. The pleadings, orders, exhibits, transcript of testimony, briefs, decisions and other documents filed in the proceeding constitute the official record of the proceeding. ...


public inspection in the Library copies of all initial and final Agency decisions. The Recorder of the Postal Service maintains a complete official record of every proceeding....


[Code of Federal Regulations] [Title 39, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 39CFR954.26] [Page 277] TITLE 39--POSTAL SERVICE CHAPTER I--UNITED STATES POSTAL SERVICE PART 954--RULES OF PRACTICE IN PROCEEDINGS RELATIVE TO THE DENIAL, SUSPENSION, OR REVOCATION OF PERIODICALS MAIL PRIVILEGES--Table of Contents Sec. 954.26 Ex parte communications. The provisions of 5 U.S.C. 551(14), 556(d) and 557(d) prohibiting ex parte communications are made applicable to proceedings under these rules of practice. [42 FR 5358, Jan. 28, 1977] ...


Contract Appeals (Board) shall consider and determine appeals from decisions of contracting officers arising under contracts which contain provisions requiring the...


contracting officer from whose decision the appeal is taken. The notice of appeal must be mailed or otherwise filed within the time specified therefor in the contract or...


contract (by number), the department and agency or bureau cognizant of the dispute, and the decision from which the appeal is taken. The notice of appeal should be...


the date of mailing (or date of receipt, if otherwise conveyed) and within 10 days shall forward said notice of appeal to the Board. Following receipt by the Board of...


days of receipt of an appeal, or advice that an appeal has been filed, the contracting officer shall assemble and transmit to the Board through Postal Service counsel an...


the motion shall be afforded on application of either party, unless the Board determines that its decision on the motion will be deferred pending hearing on both the merits and...


Board an original and one copy of a complaint setting forth simple, concise and direct statements of each of his claims, alleging the basis, with appropriate reference...


order a party to make a [[Page 281]] more definite statement of the complaint or answer, or to reply to an answer. (b) The Board may, in its...


shall advise whether he desires a hearing as prescribed in Secs. 955.18 through 955.26, or whether, in the alternative, he elects to submit his case on the record without...


whether the arguments and authorities addressed to the issues are adequately set forth therein, the Board may, in its discretion, require the parties to submit...


Secs. 955.18 through 955.26, the Board may upon its own initiative or upon the application of either party, call upon the parties to appear before a Board Member for a conference...


Board, as settled pursuant to Sec. 955.14. Submission of the case without hearing does not relieve the parties from the necessity of proving the facts supporting their...


the appellant. (b) Elections to Utilize SMALL CLAIMS (EXPEDITED) and ACCELERATED Procedure. (1) In appeals where the amount in dispute is $50,000 or less,...


in Sec. 955.5, and to the extent the following items have been filed, pleadings, prehearing conference memoranda or orders, prehearing briefs, depositions or...


In connection with any deposition or other discovery procedure, the Board may make any order which justice requires to protect a party or person from...


an appeal has been filed with the Board, a party may serve on the other party written interrogatories to be answered separately in writing, signed under oath and...


to be made. Copies of complaints, answers and simultaneous briefs shall be filed directly with the Board. The party filing any other paper with the Board...


and upon good cause shown, the Board may set the hearing at another location. Hearings will be scheduled at the discretion of the Board with due consideration to the regular...


the Board will give due regard to the desires of the parties and to the requirement for just and inexpensive determination of appeals without unnecessary delay....


delay. In the event of such absence, the hearing will proceed and the case will be regarded as submitted by the absent party as provided in...


respondent may offer at a hearing on the merits such relevant evidence as they deem appropriate and as would be admissible under the generally accepted rules of...


stipulated, or the presiding officer shall otherwise order. If the testimony of a witness is not given under oath, the Board may warn the witness that his statements may be...


[Code of Federal Regulations] [Title 39, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 39CFR955.23] [Page 285] TITLE 39--POSTAL SERVICE CHAPTER I--UNITED STATES POSTAL SERVICE PART 955--RULES OF PRACTICE BEFORE THE BOARD OF CONTRACT APPEALS--Table of Contents Sec. 955.23 Copies of papers. When books, records, papers, or documents have been received in evidence, a true copy thereof or of such part thereof as may be material or relevant may be substituted therefor, during the hearing or at the conclusion thereof. ...


officer at the conclusion of the hearing. Ordinarily, they will be simultaneous briefs, exchanged within 30 days after receipt of...


Transcripts or copies of the proceedings shall be supplied to the parties at such rates as may be fixed by contract between the Reporter and the U.S....


its discretion, permit the withdrawal of original exhibits, or any part thereof, by the party entitled thereto. The substitution of true copies of exhibits or any part...


or joint venture by a member thereof, or any of these by an attorney at law duly licensed in any State, commonwealth, territory, or in the District of Columbia. An...


the Board. Counsel shall file a notice of appearance with the Board, and notice thereof will be given appellant or his attorney in the form specified by the Board from...


both parties. The rules of the Board and all final orders and decisions shall be open for public inspection at the offices of the Board in Arlington, VA. Decisions of...


or grounds relied upon to sustain the motion, and shall be filed within 30 days from the date of the receipt of a copy of the decision of the Board by the party filing...


and the Board is unable to proceed with disposition thereof for reasons not within the control of the Board. In any such case where the suspension has continued, or it...


these rules, respond to notices or correspondence from the Board, comply with orders of the Board, or otherwise indicates an intention not to continue the prosecution or defense...


indirectly involved in an appeal submit to the Board or the Board's staff, off the record, any evidence, explanation, analysis, or advice, whether written or oral, regarding...


[Code of Federal Regulations] [Title 39, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 39CFR955.34] [Page 287] TITLE 39--POSTAL SERVICE CHAPTER I--UNITED STATES POSTAL SERVICE PART 955--RULES OF PRACTICE BEFORE THE BOARD OF CONTRACT APPEALS--Table of Contents Sec. 955.34 Sanctions. If any party fails or refuses to obey an order issued by the Board, the Board may make such order in regard to the failure as it considers necessary to the just and expeditious conduct of the appeal. Effective Date and Applicability ...


Judge to whom a case is assigned or who is otherwise designated by the Chairman may issue a subpoena requiring: (1) Testimony at a deposition. The deposing of...


the Contract Disputes Acts of 1978 (41 U.S.C. 601- 613), Secs. 955.13 and 955.35 apply to appeals relating to contracts entered into on or after March 1, 1979. All other provisions...


[Code of Federal Regulations] [Title 39, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 39CFR956.1] [Page 288] TITLE 39--POSTAL SERVICE CHAPTER I--UNITED STATES POSTAL SERVICE PART 956--RULES OF PRACTICE IN PROCEEDINGS RELATIVE TO DISCIPLINARY ACTION FOR VIOLATION OF RESTRICTIONS ON POST-EMPLOYMENT ACTIVITY--Table of Contents Sec. 956.1 Authority for rules. The rules in this part are issued by the Judicial Officer of the Postal Service pursuant to authority delegated by the Postmaster General (39 U.S.C. 204, 401). ...


all formal proceedings before the Postal Service pertaining to proposed disciplinary action initiated under Sec. 447.34(e) of this...


same meaning as in Sec. 447.31 of this title and includes his authorized representative. (b) Respondent means any individual who has been served a written notice of...


shall initiate a proceeding by serving upon the proposed respondent a written notice of proposed disciplinary action in the manner hereinafter (Sec. 956.9(d)) provided for...


disciplinary action, the respondent may file an answer setting forth simple, concise, and direct statements admitting, denying or explaining each of the allegations...


the filing of the respondent's answer, request a hearing. If a timely request is not made, the case shall be submitted on the record without a hearing. Submission of...


filed, a notice of hearing, stating the time and place thereof and advising the respondent of the consequences of a failure to appear at the hearing, will be issued (see...


[Code of Federal Regulations] [Title 39, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 39CFR956.8] [Page 289] TITLE 39--POSTAL SERVICE CHAPTER I--UNITED STATES POSTAL SERVICE PART 956--RULES OF PRACTICE IN PROCEEDINGS RELATIVE TO DISCIPLINARY ACTION FOR VIOLATION OF RESTRICTIONS ON POST-EMPLOYMENT ACTIVITY--Table of Contents Sec. 956.8 Reply. Not more than 15 days from the service of the answer, the Ethical Conduct Officer may submit a reply. ...


(a) Each party shall file with the Recorder pleadings, motions, orders and other documents for the record. The Recorder shall cause copies to be served promptly on other parties to...


respondent shall fail to appear at the hearing, the presiding officer shall receive the Ethical Conduct Officer's evidence and render a decision without requirement of further...


pleading may be amended at any time. Also, a party may move to amend a pleading at any time prior to the close of the hearing, provided that the proposed amendment...


[Code of Federal Regulations] [Title 39, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 39CFR956.12] [Page 290] TITLE 39--POSTAL SERVICE CHAPTER I--UNITED STATES POSTAL SERVICE PART 956--RULES OF PRACTICE IN PROCEEDINGS RELATIVE TO DISCIPLINARY ACTION FOR VIOLATION OF RESTRICTIONS ON POST-EMPLOYMENT ACTIVITY--Table of Contents Sec. 956.12 Continuances and extensions. Continuances and extensions will not be granted by the presiding officer except for good cause shown. ...


Suite 600, Arlington, VA 22201-3078, or other locations designated by the presiding officer. (b) A party may, not later than 7 days prior to the scheduled date...


person or by attorney. (b) An attorney may practice before the Postal Service in accordance with applicable rules issued by the Judicial Officer (see part 951 of...


an Administrative Law Judge qualified in accordance with law. The Chief Administrative Law Judge shall assign cases under this part upon rotation so far as practicable....


and examine witnesses and submit physical evidence. The Ethical Conduct Officer has the burden of proof in any proceeding under this part and must establish a violation by...


engage in voluntary discovery procedures. In connection with any deposition or other discovery procedure, the presiding officer may make any order which justice...


documents. (a) After an answer has been filed, a party may serve on the other party written interrogatories to be answered separately in writing, signed under oath...


reported verbatim, unless the presiding officer otherwise orders. Transcripts or copies of the proceedings shall be supplied to the parties at such rates as may be fixed...


a proceeding, except one who fails to appear at the hearing may, unless the presiding officer orders otherwise, submit proposed findings of fact, conclusions of law and...


Judge shall be rendered with all due speed. The initial decision shall include findings of fact and conclusions of law, with the reasons therefor, upon all...


(a) A party in a proceeding presided over by an Administrative Law Judge, except a party who failed to file an answer, may appeal to the Judicial Officer by filing exceptions in...


(a) To act as presiding officer at hearings; (b) To render tentative decisions; (c) To render final decisions of the Postal Service; (d) To refer the record...


thereof, or such longer period as may be fixed by the Judicial Officer, either party may file a motion for reconsideration of the final agency decision. Each motion...


an order has been issued may file an application setting forth reasons which he believes warrant the modification or revocation of the order. The Recorder shall transmit...


the rules of this part excludes the day the period begins and includes the last day of the period unless the last day is a Saturday or Sunday or legal holiday, in which event...


[Code of Federal Regulations] [Title 39, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 39CFR956.27] [Page 294] TITLE 39--POSTAL SERVICE CHAPTER I--UNITED STATES POSTAL SERVICE PART 956--RULES OF PRACTICE IN PROCEEDINGS RELATIVE TO DISCIPLINARY ACTION FOR VIOLATION OF RESTRICTIONS ON POST-EMPLOYMENT ACTIVITY--Table of Contents Sec. 956.27 Official record. The transcript of testimony together with all pleadings, orders, exhibits, briefs, and other documents filed in the proceeding shall constitute the official record of the proceeding. ...


[Code of Federal Regulations] [Title 39, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 39CFR956.28] [Page 294] TITLE 39--POSTAL SERVICE CHAPTER I--UNITED STATES POSTAL SERVICE PART 956--RULES OF PRACTICE IN PROCEEDINGS RELATIVE TO DISCIPLINARY ACTION FOR VIOLATION OF RESTRICTIONS ON POST-EMPLOYMENT ACTIVITY--Table of Contents Sec. 956.28 Ex parte communications. The provisions of 5 U.S.C. 551(14), 556(d) and 557(d) prohibiting ex parte communications are made applicable to proceedings under these rules of practice. ...


pursuant to authority delegated by the Postmaster General (39 U.S.C. secs. 204, 401; chapter 3, section 7 of the Postal Service Purchasing Manual). [36 FR 11574,...


Postal Service pertaining to hearings initiated under chapter 3, section 7 [[Page 295]] of the Postal Service Purchasing Manual. [36 FR 11574, June...


the Postal Service or the Vice President's representative for the purpose of carrying out the provisions of chapter 3, section 7 of the Postal Service Purchasing Manual. ...


serving upon the proposed Respondent a written notice of proposed debarment in the manner hereinafter (Sec. 957.8(d)) provided for the service of all other papers. ...


of proposed debarment, file a request for a hearing before the Judicial Officer. The request shall be addressed to the presiding officer through the Vice President...


for a hearing, establishing the time and place thereof and advising the Respondent of the consequences of a failure to appear at the hearing (see Sec. 957.9)....


may submit a reply on behalf of the Vice President who initiated the debarment proceeding. [36 FR 11574, June 16, 1971, as amended at 63 FR 66051, Dec....


orders and other documents for the record. The Recorder shall cause copies to be served promptly on other parties to the proceeding and on the Judicial Officer. ...


the Judicial Officer shall receive the Vice President's evidence and render a Postal Service Decision without requirement of further notice to the Respondent. [36...


debar a firm or individual already debarred by another Government agency for a term concurrent with such debarment, the debarment proceedings before the Postal Service may...


a party may move to amend a pleading at any time prior to the close of the hearing: Provided, That the proposed amendment is reasonably within the scope of...


[Code of Federal Regulations] [Title 39, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 39CFR957.12] [Page 297] TITLE 39--POSTAL SERVICE CHAPTER I--UNITED STATES POSTAL SERVICE PART 957--RULES OF PRACTICE IN PROCEEDINGS RELATIVE TO DEBARMENT AND SUSPENSION FROM CONTRACTING--Table of Contents Sec. 957.12 Continuances and extensions. Continuances and extensions will not be granted by the Judicial Officer except for good cause shown. ...


other locations designated by the Judicial Officer. (b) A party may, not later than 7 days prior to the scheduled date of a hearing, file a request that such hearing...


(b) An attorney may practice before the Postal Service in accordance with applicable rules issued by the Judicial Officer (see part 951 of this chapter). (c) When a Respondent...


and affirmations; (b) Examine witnesses; (c) Rule upon offers of proof, admissibility of evidence, and matters of procedure; (d) Order any pleading amended...


civil proceedings in matters not involving trial by jury in the courts of the United States shall govern. However, such rules may be relaxed to the extent that the...


[Code of Federal Regulations] [Title 39, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 39CFR957.17] [Page 298] TITLE 39--POSTAL SERVICE CHAPTER I--UNITED STATES POSTAL SERVICE PART 957--RULES OF PRACTICE IN PROCEEDINGS RELATIVE TO DEBARMENT AND SUSPENSION FROM CONTRACTING--Table of Contents Sec. 957.17 Witness fees. The Postal Service does not pay fees and expenses for Respondent's witnesses or for depositions requested by Respondent. ...


may file application with the Recorder for the taking of testimony by deposition. In support of such application the applicant shall submit under oath or affirmation a...


the Postal Service under the supervision of the Judicial Officer. Argument upon any matter may be excluded from the transcript by order of the Judicial Officer. A copy of...


at the hearing may, unless at the discretion of the Judicial Officer such is not appropriate, submit proposed findings of fact, conclusions of law and supporting reasons...


findings and conclusions, with the reasons therefor, upon all the material issues of fact or law presented on the record, and the...


be fixed by the Judicial Officer, either party may file a motion for reconsideration of the final agency decision. Each motion for reconsideration shall be accompanied by a...


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....


the period begins, and includes the last day of the period unless the last day is a Saturday, Sunday, or legal holiday, in which event the period runs until the close of...


[Code of Federal Regulations] [Title 39, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 39CFR957.25] [Page 300] TITLE 39--POSTAL SERVICE CHAPTER I--UNITED STATES POSTAL SERVICE PART 957--RULES OF PRACTICE IN PROCEEDINGS RELATIVE TO DEBARMENT AND SUSPENSION FROM CONTRACTING--Table of Contents Sec. 957.25 Official record. The transcript of testimony together with all pleadings, orders, exhibits, briefs, and other documents filed in the proceeding shall constitute the official record of the proceeding. ...


the Library copies of all final decisions. The Recorder maintains the complete official record of every proceeding. [36 FR 11574, June 16, 1971, as amended at 63 FR...


Service Purchasing Manual who believes that the suspension has not been in accordance with the provisions [[Page 301]] thereof, or with applicable laws or...


[Code of Federal Regulations] [Title 39, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 39CFR957.28] [Page 301] TITLE 39--POSTAL SERVICE CHAPTER I--UNITED STATES POSTAL SERVICE PART 957--RULES OF PRACTICE IN PROCEEDINGS RELATIVE TO DEBARMENT AND SUSPENSION FROM CONTRACTING--Table of Contents Sec. 957.28 Ex parte communications. The provisions of 5 U.S.C. 551(14), 556(d) and 557(d) prohibiting ex parte communications are made applicable to proceedings under these rules of practice. [42 FR 5358, Jan. 28, 1977] ...


[Code of Federal Regulations] [Title 39, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 39CFR958.1] [Page 301] TITLE 39--POSTAL SERVICE CHAPTER I--UNITED STATES POSTAL SERVICE PART 958--RULES OF PRACTICE IN PROCEEDINGS RELATIVE TO THE REFUSAL TO PROVIDE POST OFFICE BOX OR CALLER SERVICE AND THE TERMINATION OF POST OFFICE BOX OR CALLER SERVICE--Table of Contents Sec. 958.1 Authority for rules. The Judicial Officer promulgates the rules in this part pursuant to authority delegated by the Postmaster General. ...


The rules in this part shall be applicable to cases in which a postmaster has issued a Determination denying an application for post office box or caller service, or terminating the box...


summary judgment. (a) Petition. Any applicant or customer who receives a postmaster's Determination may oppose it by filing, in triplicate, a written...


held at 2101 Wilson Boulevard, Suite 600, Arlington, VA 22201-3078, or such other location as may be designated by the presiding officer. Not later than 5 days prior to the...


If both parties so elect, they may waive an oral hearing and submit the matter for decision on the basis of the appeal and answer, with the approval of the presiding officer...


has not waived oral hearing fails, without notice or without adequate cause, satisfactory to the presiding officer, to appear at the hearing, the presiding officer shall issue...


The presiding officer at any hearing shall be an Administrative Law Judge qualified in accordance with law, or the Judicial Officer (39 U.S.C. 204). The Chief Administrative Law...


of law. Unless otherwise ordered by the presiding officer, proposed findings of fact and conclusions of law and supporting arguments shall be submitted orally...


Unless given orally at the conclusion of the hearing, the Administrative Law Judge shall render an initial decision as expeditiously as practicable following the conclusion of...


may file exceptions in a brief on appeal to the Judicial Officer within 5 days after receipt of the initial or tentative decision unless additional time is granted. A reply...


The Judicial Officer shall render a final agency decision or he shall refer the matter to the Postmaster General or the Deputy Postmaster General for such final decision....


Nothing in these rules precludes the compromise, settlement, and informal disposition of proceedings initiated under these rules at any time prior to the issuance...


modify. A party against whom an order has been issued may file a petition for the revocation, amendment or modification thereof. The Recorder shall transmit a copy of...


The provisions of 5 U.S.C. 551(14), 556(d) and 557(d) prohibiting ex parte communications are made applicable to proceedings under these rules of practice. [42 FR...


[Code of Federal Regulations] [Title 39, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 39CFR959.1] [Page 303] TITLE 39--POSTAL SERVICE CHAPTER I--UNITED STATES POSTAL SERVICE PART 959--RULES OF PRACTICE IN PROCEEDINGS RELATIVE TO THE PRIVATE EXPRESS STATUTES--Table of Contents Sec. 959.1 Authority for rules. These rules are issued by the Judicial Officer of the U.S. Postal Service pursuant to authority delegated by the Postmaster General. [[Page 304]] ...


appeals to the Judicial Officer from demands for postage for matter carried in violation of the Private Express Statutes, and in proceedings to revoke, as to any person,...


[Code of Federal Regulations] [Title 39, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 39CFR959.3] [Page 304] TITLE 39--POSTAL SERVICE CHAPTER I--UNITED STATES POSTAL SERVICE PART 959--RULES OF PRACTICE IN PROCEEDINGS RELATIVE TO THE PRIVATE EXPRESS STATUTES--Table of Contents Sec. 959.3 Office, business hours. The offices of the officials mentioned in these rules are located at 2101 Wilson Boulevard, Suite 600, Arlington, VA 22201-3078 and are open Monday through Friday from 8:15 a.m. to 4:45 p.m. [63 FR 66052, Dec. 1, 1998] ...


rules and will: (a) State that the demand is final unless appealed under these rules within 15 days after receipt of the demand; (b) Describe the transaction on which...


filing a petition, in triplicate, with the Recorder, Judicial Officer Department, within 15 days after receipt of the demand. (b) The petition shall: (1) Be...


be designated, may initiate a revocation of the suspension of the Private Express Statutes as provided in part 320 of this title as to any person, by filing, in triplicate, a...


and place of the hearing and the date for filing an answer which shall not exceed 15 days from the date of service of the petition, and a reference to the effect of failure to...


petition to be transmitted to the postmaster at any office of address of the respondent in which the respondent is doing business, which shall be delivered to the respondent...


other documents for the record. The Recorder shall cause copies to be delivered promptly to other party(ies) to the proceeding and to the presiding officer. (b) The...


the respondent shall be deemed in default and to have waived hearing and further procedural steps. The Judicial Officer shall thereafter issue an order without further...


proposed thereafter shall be filed with the presiding officer. (b) By consent of the parties, a pleading may be amended at any time. Also, a party may move...


[Code of Federal Regulations] [Title 39, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 39CFR959.12] [Page 306] TITLE 39--POSTAL SERVICE CHAPTER I--UNITED STATES POSTAL SERVICE PART 959--RULES OF PRACTICE IN PROCEEDINGS RELATIVE TO THE PRIVATE EXPRESS STATUTES--Table of Contents Sec. 959.12 Continuances and extensions. Continuances and extensions will not be granted by the presiding officer except for good cause found. ...


[Code of Federal Regulations] [Title 39, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 39CFR959.13] [Page 306] TITLE 39--POSTAL SERVICE CHAPTER I--UNITED STATES POSTAL SERVICE PART 959--RULES OF PRACTICE IN PROCEEDINGS RELATIVE TO THE PRIVATE EXPRESS STATUTES--Table of Contents Sec. 959.13 Hearings. Hearings are held at 2101 Wilson Boulevard, Suite 600, Arlington, VA 22201-3078, or other locations designated by the presiding officer. [63 FR 66052, Dec. 1, 1998] ...


a written request that a hearing be held at a place other than that designated in the notice. The party shall support the request with a statement outlining: (a)...


practice before the Postal Service in accordance with the rules in part 951 of this title. (c) When a respondent is represented by an attorney, all pleadings and other...


accordance with law, or the Judicial Officer. The Chief Administrative Law Judge shall assign cases to Administrative Law Judges upon rotation so far as practicable. The...


matters not involving trial by jury in the District courts of the United States shall govern. However, such rules may be relaxed to the extent that the presiding officer...


testimony of witnesses or the production of documents. This does not affect the authority of the Chief Postal Inspector to issue subpoenas for the production of documents...


[Code of Federal Regulations] [Title 39, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 39CFR959.19] [Page 307] TITLE 39--POSTAL SERVICE CHAPTER I--UNITED STATES POSTAL SERVICE PART 959--RULES OF PRACTICE IN PROCEEDINGS RELATIVE TO THE PRIVATE EXPRESS STATUTES--Table of Contents Sec. 959.19 Witness fees. The Postal Service does not pay fees and expenses for a respondent's witnesses or for depositions requested by a respondent. ...


an application with the Recorder for the taking of testimony by deposition. In support of such application, the applicant shall submit under oath or affirmation, a statement...


the supervision of the assigned presiding officer. Argument upon any matter may be excluded from the transcript by order of the presiding officer. A copy of the...


either fails to appear at the hearing or indicates in the answer that he or she does not desire to appear, may submit proposed findings of fact, conclusions of law...


(an initial decision by an Administrative Law Judge, or a tentative or final decision by the Judicial Officer) at the close of the hearing. A party who desires an...


Administrative Law Judge, except a party who failed to file an answer, may appeal to the Judicial Officer by filing exceptions in a brief on appeal within 15 days from the...


to render tentative decisions, (c) to render final decisions of the Postal Service, (d) to refer the record in any proceedings to the Postmaster General or the Deputy Postmaster...


Service 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...


application for modification or revocation, addressed to the Judicial Officer. The Recorder shall transmit a copy of the application to the General Counsel, who shall file...


last day of the period unless the last day is a Saturday, Sunday, or legal holiday, in which event the period runs until the close of business on the next...


[Code of Federal Regulations] [Title 39, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 39CFR959.29] [Page 310] TITLE 39--POSTAL SERVICE CHAPTER I--UNITED STATES POSTAL SERVICE PART 959--RULES OF PRACTICE IN PROCEEDINGS RELATIVE TO THE PRIVATE EXPRESS STATUTES--Table of Contents Sec. 959.29 Official record. The transcript of testimony together with all pleadings, orders, exhibits, briefs and other documents filed in the proceedings shall constitute the official record of the proceeding. ...


of all initial, tentative and final decisions of the Postal Service. The Recorder maintains the complete official record of every proceeding. [39 FR 33213, Sept....


[Code of Federal Regulations] [Title 39, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 39CFR959.31] [Page 310-311] TITLE 39--POSTAL SERVICE CHAPTER I--UNITED STATES POSTAL SERVICE PART 959--RULES OF PRACTICE IN PROCEEDINGS RELATIVE TO THE PRIVATE EXPRESS STATUTES--Table of Contents Sec. 959.31 Ex parte communications. The provisions of 5 U.S.C. 551(14), 556(d) and 557(d) prohibiting ex parte communications are made applicable [[Page 311]] to proceedings under these rules of practice. [42 FR 5358, Jan. 28, 1977] ...


[Code of Federal Regulations] [Title 39, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 39CFR961.1] [Page 318] TITLE 39--POSTAL SERVICE CHAPTER I--UNITED STATES POSTAL SERVICE PART 961--RULES OF PRACTICE IN PROCEEDINGS RELATIVE TO EMPLOYEE HEARING PETITIONS UNDER SECTION 5 OF THE DEBT COLLECTION ACT--Table of Contents Sec. 961.1 Authority for rules. These rules are issued by the Judicial Officer pursuant to authority delegated by the Postmaster General. ...


provided by section 5 of the Debt Collection Act of 1982, as amended, 5 U.S.C. 5514(a), on the Postal Service's determination of the existence or amount of an employee debt to...


the Postal Service or another Federal agency who is alleged to be indebted to the Postal Service or another creditor Federal agency and whose hearing under section 5 of the...


(a) If an employee desires a hearing, prescribed by section 5 of the Debt Collection Act, on the Postal Service's determination of the existence or amount of a debt, or on...


and docketing of the employee's Petition for a hearing, the Recorder will notify the Postmaster/Installation Head and the General Counsel that the Petition has been filed and...


representation of parties. (a) Filing. All documents relating to the Debt Collection Act hearing proceedings must be filed by the employee or the General Counsel with...


employee's Petition states reasons to support the employee's position, within 15 days from notice of the Petition, the General Counsel shall file an Answer to the Petition, and attach...


Hearing Official shall provide a full and fair hearing. The proceedings must be expedited to ensure issuance of the final decision no later than 60 days after the filing of the...


The Hearing Official's decision shall be the final administrative determination on the employee's debt or repayment schedule. No reconsideration of the decision will...


determine the employee has waived his or her right to a hearing and the employee's pay shall be offset in accordance with the Postal Service's offset schedule, if the employee: ...


a Hearing Official or his staff and a party shall not be made. This prohibition does not apply to procedural matters. A memorandum of any communication between the Hearing...


hearing and appeal rights of any person alleged to be liable for civil penalties and assessments under the Program Fraud Civil Remedies Act of 1986 (codified at 31...


the United States or the District of Columbia or a territory of the United States. (b) Complaint refers to the administrative Complaint served by the Reviewing Official on...


pursuant to Sec. 273.8 of this title, alleging liability under 31 U.S.C. 3802, the Respondent may request a hearing under the Program Fraud Civil Remedies Act by filing a...


period, the Reviewing Official shall transmit the Complaint to the Judicial Officer for referral to a Presiding Officer, who shall issue an initial decision based upon...


the Presiding Officer on the record (1) to determine whether the Respondent is liable under 31 U.S.C. 3802, and (2) if so, to determine the amount of any civil penalty...


and the Complaint, the Presiding Officer shall serve, in accordance with Sec. 962.23, upon the Respondent and the Reviewing Official, a Notice of Hearing containing...


of the United States in which the Respondent resides or transacts business; or (b) In the judicial district of the United States in which the claim or statement...


(a) To be accompanied, represented, and advised, by a representative of his own choosing; (b) To participate in any prehearing or post-hearing conference held by the...


a fair and impartial hearing, avoid delay, maintain order, and assure that a record of the proceeding is made. (b) The Presiding Officer's authority includes, but is...


with adequate notice to all parties, the Presiding Officer may conduct, in person or by telephone, one or more prehearing conference to discuss the following: (1) Simplification...


this section, the Respondent, at any time after receiving the Notice of Hearing required by Sec. 962.6, may review, and upon payment of a duplication fee established under Sec....


(a) General Policy and protective orders. The parties are encouraged to engage in voluntary discovery procedures. In connection with any discovery procedure permitted...


or on his own initiative, the Presiding Officer may issue a subpoena requiring: (1) Testimony at a deposition. The deposing of a witness in the city or county where he...


pursuant to Secs. 962.9(b)(5) and 962.13, the district courts of the United States have jurisdiction to issue an appropriate order for the enforcement of such subpoena. Any...


representative, for (1) Failing to comply with a lawful order or prescribed procedure; (2) Failing to prosecute or defend an action; or (3) Engaging in other misconduct...


good faith, that the Reviewing Official or Presiding Officer should be disqualified because of personal bias, or other reason, the Respondent may file a timely and...


not be made on any matter in issue unless on notice and opportunity for all parties to participate. This prohibition does not apply to procedural matters. A memorandum of...


[Code of Federal Regulations] [Title 39, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 39CFR962.18] [Page 327] TITLE 39--POSTAL SERVICE CHAPTER I--UNITED STATES POSTAL SERVICE PART 962--RULES OF PRACTICE IN PROCEEDINGS RELATIVE TO THE PROGRAM FRAUD CIVIL REMEDIES ACT--Table of Contents Sec. 962.18 Post-hearing briefs. Post-hearing briefs and reply briefs may be submitted upon such terms as established by the Presiding Officer at the conclusion of the hearing. ...


unless the Presiding Officer orders otherwise. Transcripts or copies of the proceedings may be obtained by the parties at such rates as may be fixed by contract between...


any, from the parties, the Presiding Officer shall issue a written initial decision, including his or her findings and determinations. Such decision shall include the findings...


(1) A Respondent may appeal an adverse initial decision by filing, within 30 days after the Presiding Officer issues an initial decision, a Notice of Appeal with the...


must (1) Contain a caption setting forth the title of the action, the docket number (after assignment by the Recorder), and a designation of the document (e.g., ``Motion to...


a Notice of Hearing or any other document under this part must be effected by registered or certified mail, return-receipt requested, or by personal delivery. In the case of...


any order issued pursuant to this part, 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,...


[Code of Federal Regulations] [Title 39, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 39CFR962.25] [Page 328] TITLE 39--POSTAL SERVICE CHAPTER I--UNITED STATES POSTAL SERVICE PART 962--RULES OF PRACTICE IN PROCEEDINGS RELATIVE TO THE PROGRAM FRAUD CIVIL REMEDIES ACT--Table of Contents Sec. 962.25 Continuances and extensions. Continuances and extensions may be granted under these rules for good cause shown. ...


any time. [[Page 329]] (b) The Reviewing Official has the exclusive authority to compromise or settle any allegations or determinations of liability under 31...


presented, or submitted in violation of 31 U.S.C. 3802 shall be commenced within six years after the date on which such claim or statement is made, presented,...


These rules of practice are issued by the Judicial Officer of the U.S. Postal Service pursuant to authority delegated by the Postmaster General (39...


cases in which the Prohibitory Order Processing Center Manager (hereinafter, ``Manager'') has issued a complaint, pursuant to 39 U.S.C. 3008(d), alleging violation of a...


summary judgment. (a) Petition. Anyone against whom a complaint has been issued pursuant to 39 U.S.C 3008(d) may submit to the Manager a petition for hearing on...


Administrative Law Judge or an Administrative Judge qualified in accordance with law. The Judicial Officer assigns cases under this part. Judicial Officer includes Associate...


be heard in person or by attorney. An attorney may practice before the Postal Service in accordance with applicable rules issued by the Judicial Officer (see Part 951 of this...


rules means calendar days, excludes the day the period begins, and includes the last day of the period unless the last day is a Saturday, Sunday, or legal holiday, in which case...


[Code of Federal Regulations] [Title 39, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 39CFR963.7] [Page 330] TITLE 39--POSTAL SERVICE CHAPTER I--UNITED STATES POSTAL SERVICE PART 963--RULES OF PRACTICE IN PROCEEDINGS RELATIVE TO VIOLATIONS OF THE PANDERING ADVERTISEMENTS STATUTE, 39 U.S.C. 3008--Table of Contents Sec. 963.7 Location of hearing. Hearings are held at 2101 Wilson Boulevard, Suite 600, Arlington, VA 22201-3078, or other locations designated by the presiding officer. [63 FR 66053, Dec. 1, 1998] ...


for the filing of the answer, a party may file a request that a hearing be held to receive evidence in his or her behalf at a place other than that designated for hearing in...


may be waived and the matter submitted for decision on the basis of the petition and answer, and of any documentary evidence or briefs requested by the presiding officer....


[Code of Federal Regulations] [Title 39, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 39CFR963.10] [Page 331] TITLE 39--POSTAL SERVICE CHAPTER I--UNITED STATES POSTAL SERVICE PART 963--RULES OF PRACTICE IN PROCEEDINGS RELATIVE TO VIOLATIONS OF THE PANDERING ADVERTISEMENTS STATUTE, 39 U.S.C. 3008--Table of Contents Sec. 963.10 Continuances and extensions. Continuances and extensions will be granted by the presiding officer for good cause shown. ...


to the presiding officer, fails to appear at the hearing or comply with any of the provisions of these rules or an order issued by the presiding officer, the petitioner may...


[Code of Federal Regulations] [Title 39, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 39CFR963.12] [Page 331] TITLE 39--POSTAL SERVICE CHAPTER I--UNITED STATES POSTAL SERVICE PART 963--RULES OF PRACTICE IN PROCEEDINGS RELATIVE TO VIOLATIONS OF THE PANDERING ADVERTISEMENTS STATUTE, 39 U.S.C. 3008--Table of Contents Sec. 963.12 Settlement agreements. These rules do not preclude the disposition of any matter by agreement between the parties at any stage of the proceeding. ...


is not authorized to issue subpoenas requiring the attendance or testimony of witnesses, nor to pay fees and expenses for a petitioner's witnesses or for depositions requested by...


to the extent possible. The presiding officer may, upon application of either party, order such discovery as he or she deems reasonable and necessary. Discovery may include one...


relevancy and materiality. However, relevant evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, or by considerations of...


reported verbatim, unless the presiding officer otherwise orders. Transcripts or copies of the proceedings are supplied to the parties at such rate as may be fixed by contract...


(a) Each party who participates in the hearing may, unless the presiding [[Page 332]] officer orders otherwise, submit proposed findings of fact, conclusions of law, orders,...


the hearing, the presiding officer shall render an initial decision as expeditiously as practicable following the conclusion of the hearing and the receipt of the proposed...


appeal to the Judicial Officer within 15 days after receipt of the initial or tentative decision unless additional time is granted. A reply brief may be filed within 15 days after...


the Associate Judicial Officer, renders the final agency decision which will be served upon the parties. If the decision is that the Postal Service's prohibitory order...


[Code of Federal Regulations] [Title 39, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 39CFR963.21] [Page 332] TITLE 39--POSTAL SERVICE CHAPTER I--UNITED STATES POSTAL SERVICE PART 963--RULES OF PRACTICE IN PROCEEDINGS RELATIVE TO VIOLATIONS OF THE PANDERING ADVERTISEMENTS STATUTE, 39 U.S.C. 3008--Table of Contents Sec. 963.21 Official record. The transcript of testimony together with all pleadings, orders, exhibits, briefs, and other documents filed in the proceeding constitute the official record of the proceeding. ...


for public inspection in the Library copies of all initital, tentative, and final agency decisions and orders. The Recorder maintains the complete official record of...


of practice are issued by the Judicial Officer of the United States Postal Service pursuant to authority delegated by the Postmaster General (39...


of cases in which the Chief Postal Inspector or his delegate, acting pursuant to 39 U.S.C. 3003(a), has withheld from delivery mail which he believes is involved in a...


(a) Petition. Any addressee who receives notice from the Chief Postal Inspector or his delegate that his mail has been withheld pursuant to 39 U.S.C. 3003(a) or 3004 may oppose such...


Arlington, VA 22201-3078, or other locations designated by the presiding officer. Not later than 10 days prior to the date fixed for the hearing, a party may file a request that...


oral hearing and submit the matter for decision on the basis of the Petition and Answer, subject to the authority of the presiding officer to require the parties to furnish such...


or without adequate cause the presiding officer may issue an order dismissing the Petition and refer the matter to the Judicial Officer for issuance of the order provided...


Judge qualified in accordance with law. The Judicial Officer shall assign cases upon rotation as far as practicable. The Judicial Officer may on his own initiative or...


not authorized to issue subpoenas requiring the attendance or testimony of witnesses, nor to pay fees and expenses for a Petitioner's witnesses or for depositions requested by...


documents. (a) General policy and protective orders. The parties are encouraged to engage in voluntary discovery procedures. In connection with any discovery...


materiality. However, relevant evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, or by considerations of undue...


unless the presiding officer orders otherwise. Transcripts or copies of the proceedings are supplied to the parties at such rate as may be fixed by contract between...


means calendar days, excludes the day the period begins, and includes the last day of the period unless the last day is a Saturday, Sunday, or legal holiday, in which case...


[Code of Federal Regulations] [Title 39, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 39CFR964.13] [Page 335] TITLE 39--POSTAL SERVICE CHAPTER I--UNITED STATES POSTAL SERVICE PART 964--RULES OF PRACTICE GOVERNING DISPOSITION OF MAIL WITHHELD FROM DELIVERY PURSUANT TO 39 U.S.C. 3003, 3004--Table of Contents Sec. 964.13 Continuances and extensions. Continuances and extensions will be granted by the presiding officer for good cause shown. ...


party to a proceeding, except one who fails to answer the Petition or, having answered, either fails to appear at the hearing or indicates in [[Page 336]] the answer that he...


written initial decision shall be rendered by an Administrative Law Judge with all due speed. The initial decision shall include findings and conclusions with the reasons therefor...


to the Judicial Officer within 15 days after receipt of the initial or tentative decision unless additional time is granted. A reply brief may be filed within 15 days after...


decision and order which will be served upon the parties and upon the postmaster at the office where the mail at issue is being held. [52 FR 36763, Oct. 1, 1987, as amended...


precludes the compromise, settlement, and informal disposition of proceedings initiated under these rules at any time prior to [[Page 337]] the issuance of the final...


delivery of mail to a Petitioner 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...


order or orders have 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...


[Code of Federal Regulations] [Title 39, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 39CFR964.21] [Page 337] TITLE 39--POSTAL SERVICE CHAPTER I--UNITED STATES POSTAL SERVICE PART 964--RULES OF PRACTICE GOVERNING DISPOSITION OF MAIL WITHHELD FROM DELIVERY PURSUANT TO 39 U.S.C. 3003, 3004--Table of Contents Sec. 964.21 Official record. The transcript of testimony together with all pleadings, orders, exhibits, briefs, and other documents filed in the proceeding constitute the official record of the proceeding. ...


public inspection in the Library copies of all initial, tentative, and final agency decisions and orders. The Recorder maintains the complete official record of...


[Code of Federal Regulations] [Title 39, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 39CFR964.23] [Page 337] TITLE 39--POSTAL SERVICE CHAPTER I--UNITED STATES POSTAL SERVICE PART 964--RULES OF PRACTICE GOVERNING DISPOSITION OF MAIL WITHHELD FROM DELIVERY PURSUANT TO 39 U.S.C. 3003, 3004--Table of Contents Sec. 964.23 Ex parte communications. The provisions of 5 U.S.C. 551(14), 556(d), and 557(d) prohibiting ex parte communications are made applicable to proceedings under these rules of practice. ...


[Code of Federal Regulations] [Title 39, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 39CFR965.1] [Page 337] TITLE 39--POSTAL SERVICE CHAPTER I--UNITED STATES POSTAL SERVICE PART 965--RULES OF PRACTICE IN PROCEEDINGS RELATIVE TO MAIL DISPUTES--Table of Contents Sec. 965.1 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. (39 CFR 224.1(c)(4)). ...


Department by the chief field counsel pursuant to Postal Operations Manual section 616.21. [52 FR 29012, Aug. 5, 1987, as amended at 63 FR 66053, Dec....


Department, United States Postal Service, 2101 Wilson Boulevard, Suite 600, Arlington VA 22201-3078, will send a notice of docketing and submittal due date to the parties...


qualified in accordance with law. The Judicial Officer assigns cases under this part. Judicial Officer includes Associate Judicial Officer upon delegation thereto. The Judicial...


Recorder a sworn statement of the facts supporting its claim to receipt of the mail together with a copy of each document on which it relies in making such claim. All such...


Recorder a statement setting forth in detail its disagreements, if any, with its opponent's statement and documents. The Recorder will send to each party a copy of the other...


[Code of Federal Regulations] [Title 39, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 39CFR965.7] [Page 338] TITLE 39--POSTAL SERVICE CHAPTER I--UNITED STATES POSTAL SERVICE PART 965--RULES OF PRACTICE IN PROCEEDINGS RELATIVE TO MAIL DISPUTES--Table of Contents Sec. 965.7 Default. A party who fails to file the submittal required by Sec. 965.5 may be held in default and the presiding officer may issue an initial decision that mail be delivered to the other party. ...


either, or both, parties or on the presiding officer's own initiative if there is a dispute as to a material issue of fact which can only be resolved by examination of witnesses. ...


be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, or by considerations of undue delay, waste of time, or needless presentation...


[Code of Federal Regulations] [Title 39, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 39CFR965.10] [Page 338] TITLE 39--POSTAL SERVICE CHAPTER I--UNITED STATES POSTAL SERVICE PART 965--RULES OF PRACTICE IN PROCEEDINGS RELATIVE TO MAIL DISPUTES--Table of Contents Sec. 965.10 Transcript. Testimony and argument at hearings shall be reported verbatim, unless the presiding officer otherwise orders. Transcripts or copies of the proceedings are supplied to the parties at such rate as may be fixed by contract between the reporter and Postal Service. ...


expeditiously as possible, but to the extent practicable within 10 working days of closing of the record. The decision will be brief, containing summary findings of fact,...


the parties unless the [[Page 339]] Judicial Officer, or by delegation the Associate Judicial Officer, in his sole discretion, grants review upon appeal of either party...


[Code of Federal Regulations] [Title 39, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 39CFR965.13] [Page 339] TITLE 39--POSTAL SERVICE CHAPTER I--UNITED STATES POSTAL SERVICE PART 965--RULES OF PRACTICE IN PROCEEDINGS RELATIVE TO MAIL DISPUTES--Table of Contents Sec. 965.13 Compromise and informal disposition. Nothing in these rules precludes the compromise, settlement, and informal disposition of proceedings initiated under these rules at any time prior to the issuance of the final agency decision. ...


of all initial, tenatative, and final agency decisions and orders. The Recorder maintains the complete official record of every proceeding. [52 FR 29012, Aug. 5, 1987, as...


[Code of Federal Regulations] [Title 39, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 39CFR966.1] [Page 339] TITLE 39--POSTAL SERVICE CHAPTER I--UNITED STATES POSTAL SERVICE PART 966--RULES OF PRACTICE IN PROCEEDINGS RELATIVE TO ADMINISTRATIVE OFFSETS INITIATED AGAINST FORMER EMPLOYEES OF THE POSTAL SERVICE--Table of Contents Sec. 966.1 Authority for rules. These rules of practice are issued by the Judicial Officer pursuant to authority delegated by the Postmaster General. ...


to any petition filed by a former postal employee: (a) To challenge the Postal Service's determination that he or she is liable to the Postal Service for a debt incurred...


refers to the withholding of money payable by the Postal Service or the United States to, or held by the Postal Service or the United States for, a former employee in order to...


(a) A former employee who is alleged to be responsible for a debt to the Postal Service may petition for a hearing under this part, provided: (1) Liability for the...


docketing of the former employee's petition, the Recorder will notify the General Counsel that the petition has been filed and that a timely filed petition stays further...


time; representation of parties. (a) Filing. All documents required under this part must be filed by the former employee or the General Counsel in triplicate with...


after the date of receipt of the petition, the General Counsel shall file an answer to the petition, and attach all available relevant records and documents in support of the...


or Judicial Officer. (a) In processing a case under this part, the Hearing Official's authority includes, but is not limited to, the following: (1) Ruling on...


generally will be held only in those cases which, in the opinion of the Hearing Official, cannot be resolved by a review of the documentary evidence, such as when the existence,...


written submissions or after the conclusion of the hearing and the receipt of any post-hearing briefs, the Hearing Official shall issue a written initial decision, including...


become final and an order to that effect will be issued by the Judicial Officer thirty (30) days after issuance and receipt by the parties of the initial or tentative...


determine the former employee has waived his or her right to a hearing and administrative offset may be initiated if the former employee: (a) Files a petition for hearing...


between a Hearing Official or his or her staff and a party shall not be made. This prohibition does not apply to procedural matters. A memorandum of any communication between...




PEO7.com 23945 Calabasas Rd. Suite 106, Calabasas, CA 91302 818-222-4572 cs@peo7.com
SiteMap  | Employee Leasing  | Exploring the Possibilities  | What is Employee Leasing  | Why use a Peo  | Free Advice  | Benefits to  Employees  |  Responsibilities of PEO  | Benefit Package  | HR Management  | Pre-Employment Screening  | The Issue of Control  |  Future of PEO |  Request For Proposal (RFP)  | Contact Us  | Peo Resources |  Terms of Service | FAQ