Title 39--POSTAL SERVICE
Chapter III--POSTAL RATE COMMISSION


Source: 58 FR 42874, Aug. 12, 1993, unless otherwise noted. Employees of the Postal Rate Commission (Commission) are subject and should refer to the...


Ethics Official (DAEO) for the Commission. The DAEO may appoint deputy ethics officials to assist in carrying out the responsibilities of the designated agency...


(whether by ownership of any stock, bond, security, or otherwise) in any entity or person whose interests may be significantly affected by rates of postage, fees...


either on a paid or unpaid basis, with or for a company or other person whose interests are significantly affected by rates of postage, fees for postal services,...


Sec. 3001.7(a), shall not, either in an official or unofficial capacity, participate in any ex parte communication--either oral or written--with any person regarding (1)...


written) may occur inadvertently notwithstanding Sec. 3000.735-501, the employee who receives such a communication, shall--within 2 workdays after the receipt of such...


[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: 39CFR3001.1] [Page 348] TITLE 39--POSTAL SERVICE CHAPTER III--POSTAL RATE COMMISSION PART 3001--RULES OF PRACTICE AND PROCEDURE--Table of Contents Subpart A--Rules of General Applicability Sec. 3001.1 Construction of rules. The rules in this part shall be liberally construed to secure just and speedy determination of issues. [38 FR 4327, Feb. 13, 1973] ...


Postal Rate Commission under the Act, including those which involve a hearing on the record before the Commission or its designated presiding officer. They do not preclude...


section, paragraph, or subparagraph shall include only the numbers and letters to the right of the decimal point. For example, ``3001.24...


amended. (b) Postal Service means the U.S. Postal Service established by the Act. (c) Commission or Commissioner means, respectively, the Postal...


a partnership may represent the partnership; and an officer may represent a corporation, trust, unincorporated association, or governmental agency. A person may be...


to the exception stated in paragraph (a)(2)(ii) of this section, the following categories of persons are designated ``decision-making Commission personnel'': ...


to Sec. 3001.17, no officer, employee or agent of the Commission who appears in the hearing in a proceeding before the Commission as an attorney or witness or who...


required or authorized by these rules or any applicable statute, rule, regulation, or order of the Commission, or by direction of the presiding officer shall be made...


Commission must be submitted through Filing Online by an account holder, unless a waiver is obtained. (1) The text of documents filed with the Commission shall...


with the Commission in any proceeding shall clearly show the docket designation and title of the proceeding before the Commission. The title of such document shall...


proceeding via the Internet by an Account Holder shall be deemed served on all participants when it is accepted by the Secretary and posted on the Commission's Web site,...


each proceeding as initiated shall be assigned an appropriate designation. The Secretary shall maintain a hearing calendar of all proceedings that have been set for...


order proceedings involving related issues or facts to be consolidated for hearing of any or all matters in issue in such proceedings. The Commission may sever...


time prescribed or allowed by this part, or by any notice, order, rule or regulation of the Commission or a presiding officer, the day of the act, event, or default after which...


of time for making any filing or performing any act required or allowed to be done within a specified time or by a specified date may be granted by the Commission or...


proceeding to be determined on the record with an opportunity for any interested person to request a hearing whenever: (1) The Postal Service files a formal request that...


in these rules, in any case noticed for a proceeding to be determined on the record pursuant to Sec. 3001.17(a), the Commission may hold a public hearing if a hearing...


the record pursuant to Sec. 3001.17(a) the Commission shall give due notice of any prehearing conference or hearing by including the time and place of the conference...


those cases that are noticed for a proceeding pursuant to Sec. 3001.17(a) from any person claiming an interest of such nature that intervention is allowed by the Act,...


3001.20, any person may appear as a limited participator in any case that is noticed for a proceeding pursuant to Sec. 3001.17(a), in accordance with the...


Notwithstanding the provisions of Secs. 3001.19a and 3001.20, any person may file with the Commission, in any case that is noticed for a hearing pursuant to Sec....


provided for in this part [[Page 359]] shall be by motion. Motions shall set forth with particularity the ruling or relief sought, the grounds...


3001 may be waived in whole or in part to the extent permitted by law upon a showing that such waiver will not unduly prejudice the interests of other participants and...


within the Commission's powers and subject to its published rules, as follows: (1) To regulate the course of the hearing, including the recessing, reconvening,...


the presiding officer may, with or without motion, upon due notice as to time and place, direct the participants in a proceeding to appear for a prehearing conference...


to lead to admissible evidence during a noticed proceeding. Generally, discovery against a participant will be scheduled to end prior to the receipt into evidence of...


expedition and limited to information which appears reasonably calculated to lead to the discovery of admissible evidence, any participant may propound to any...


(a) Service and contents. In the interest of expedition and limited to information which appears reasonably calculated to lead to the discovery of admissible evidence, any participant...


interest of expedition, any participant may serve upon any other participant a written request for the admission, for purposes of the pending proceeding only, of any...


proposals of adjustment at any time and may request a conference between the participants to consider such offers or proposals. The Commission or the presiding officer...


initiated by the issuance of a notice by the Commission as provided in Sec. 3001.19. (b) Presiding officer. All hearings shall be held before the Commission sitting...


a presiding officer, relevant and material evidence which is not unduly repetitious or cumulative shall be admissible. Witnesses whose testimony is to be taken shall be...


made subject to in camera orders are not made a part of the public record, but are kept confidential, and only authorized parties, their counsel, authorized...


not review a ruling of the presiding officer prior to its consideration of the entire proceeding except in extraordinary circumstances. This section specifies the...


upon authorization by the Commission or the presiding officer on application of any participant before the hearing is closed. An authorization to take the deposition of...


Commission or the presiding officer shall fix the time for the filing and service of briefs, giving due regard to [[Page 376]] the timely issuance of...


filing of proposed findings and conclusions with a brief statement of the supporting reasons for each proposed finding and conclusion. [38 FR 4329, Feb. 13, 1973; 51...


presiding officer is to issue an initial or recommended decision, or another designated officer of the Commission is to issue a recommended decision, such officer may permit...


for decision, the Commission, upon the request of any participant or on its own initiative, may order oral argument when, in the Commission's discretion, time...


to Sec. 3001.17, the Commission, on the motion of any participant or on its own initiative, may direct the certification of the record to the Commission and omit...


which a Commissioner or hearing officer has presided at the reception of evidence, such presiding officer, as soon as practicable after the conclusion of the hearing...


participant in a proceeding may file exceptions to any intermediate decision by filing a brief on exceptions with the Commission within 30 days after the date of issuance...


applicability, or the commencement of any hearing on any such proposed rulemaking, the Commission will cause general notice [[Page 379]] to be given...


of recommended decisions, advisory opinions, and public reports; and records of the Commission. (a) Notice and publication. Service of intermediate and...


not jointly conduct or dispose of agency business other than in accordance with this section. Except as provided in paragraph (c) of this section, every portion...


to requests of the Postal Service pursuant to section 3622 of the Act that the Commission submit a recommended decision on changes in a rate or rates of postage or in a...


that the Commission submit a recommended decision on changes in rates or fees subject to this subpart, the Postal Service shall file with the Commission a formal request for...


formal request for a recommended decision under this subpart, the Postal Service shall file all of the prepared direct evidence upon which it proposes to rely in the...


formal request for a recommended decision under this subpart, the Postal Service shall file all of the prepared direct evidence upon which it proposes to rely in the...
...


or orders by the Commission designating an officer of the Commission to represent the interests of the general public in a proceeding before the Commission under this...


by this subpart, or otherwise required by the presiding officer or the Commission, the Commission, upon its own motion, or upon motion of any participant to...


rules. (a) This section and Secs. 3001.58 through 3001.60 only apply in cases in which the Postal Service requests an expedited recommended decision pursuant to...


request made under the provisions of Secs. 3001.57 through 3001.60 shall be accompanied by such information and data as are necessary to inform the Commission and the parties...


(a) The purpose of this section is to provide a schedule for expediting proceedings when a trial-type hearing is required in a proceeding in which the Postal...


a recommended decision in accordance with the policies of 39 U.S.C., and which it determines would be a reasonable response to the change in the market for expedited...


The rules in this subpart govern the procedure with regard to requests of the Postal Service pursuant to section 3623 of the Act that the Commission submit a recommended...


Whenever the Postal Service determines to request that the Commission submit a recommended decision on establishing or changing the mail classification schedule, the...


Simultaneously with the filing of the formal request for a recommended decision under this subpart, the Postal Service shall file all of the prepared...


(a) General requirements. (1) Each formal request filed under this subpart shall include such information and data and such statements of reasons and bases as...


Immediately after the issuance of an order or orders by the Commission designating an officer of the Commission to represent the interests of the general public in...


If the Postal Service fails to provide any information specified by this subpart, or otherwise required by the presiding officer or the Commission, the Commission, upon its...


changes. (a) This section and Secs. 3001.67a through 3001.67d apply in cases where the Postal Service requests a recommended decision pursuant to section 3623...


for limitation of issues. (a) The purpose of this section is to provide a mechanism for the limiting of issues on which a trial-type hearing...


changes--unavailability of data. If the Postal Service believes that data required to be filed under Sec. 3001.64 are unavailable, it shall explain...


for data collection. (a) In any instance in which the Postal Service designates as unavailable data called for by Sec. 3001.64, it shall, as part...


limit. The Commission will treat cases falling under Secs. 3001.67 through 3001.67d as subject to the maximum expedition consistent with...


Schedule. The Domestic Mail Classification Schedule established in accordance with subchapter II of chapter 36 of title 39 of the United States Code...


(a) This section and Secs. 3001.69a through 3001.69c apply in cases where the Postal Service requests a recommended decision pursuant to...


of formal request and prepared direct evidence. (a) Whenever the Postal Service determines to request that the Commission submit a...


of procedural schedule. (a) The purpose of this section is to provide a schedule for expediting proceedings in which the Postal Service...


of procedural schedule. (a) The purpose of this section is to provide a schedule for expediting proceedings in which the Postal Service...
...


The rules in this subpart govern the procedure with regard to proposals of the Postal Service pursuant to section 3661 of the Act requesting from the Commission an advisory opinion...


Whenever the Postal Service determines to request that the Commission issue an advisory opinion on a proposed change in the nature of postal services subject to this subpart,...


Simultaneously with the filing of a formal request for an advisory opinion under this subpart, the Postal Service shall file all of the prepared direct evidence...


(a) General requirements. Each formal request filed under this subpart shall include such information and data and such statements of reasons and basis as are necessary...


Immediately after the issuance of an order or orders by the Commission designating an officer of the Commission to represent the interests of the general public in a...


rate and service complaints filed under section 3662 of the Act. The Rules of General Applicability in subpart A of this part are also applicable to proceedings on...


is charging rates which do not conform to the policies set out in the Act, or who believe that they are not receiving postal service in accordance with the policies of...


furnishing of additional information, each complaint shall include the following information: (a) The full name and address of the complainant(s); (b) A full...


the Commission (unless more time is allowed under Sec. 3001.85(a)), the Postal Service shall file and serve an answer. Such answer shall be in the form and manner required...


the policies of the Act, the Commission, acting through such appropriate Commission employees as the Chairman shall designate, may use correspondence, conferences,...


procedures, the Commission shall consider whether or not, in its discretion, a proceeding on the record with an opportunity for hearing should be held on such complaint....


proceedings which provide an opportunity for hearing, that a complaint is justified in whole or in part, the Commission shall issue a recommended decision to the...


those areas in which intervenors in rate and classification proceedings could assist the Commission. Intervenors are free to file any relevant and material evidence which...


by an intervenor in a rate or classification proceeding, and in addition to further requests for information by the Commission, the Commission requests that...


The rules in this subpart identify reports \1\ financial statements and cost analyses which the Postal Service will file with the Secretary of the Commission on...


Each report listed in this section shall be filed with the Secretary of the Commission within two weeks of its presentation for use by postal management unless otherwise noted....


39 U.S.C. 3663(b). Each report listed in this section shall be filed with the Secretary of the Commission on or before March 15th of each year unless a later date...


Source: 42 FR 10993, Feb. 25, 1977, unless otherwise noted. Rules in this subpart govern the procedure regarding the appeal of a determination of the Postal...


(a) Petition for review. Review of a determination of the Postal Service to close or consolidate a post office shall be obtained by filing a petition for...


The written determination sought to be reviewed or enforced, the conclusions and findings upon which it must be based under section 404(b)(3) of the Act, the notices...


(a) Time for filing of the record by the Postal Service. The Postal Service shall file the record with the Secretary of the Commission within 15 days after the date...


(a) Application. Application for suspension of a determination of the Postal Service to close or consolidate any post office pending the outcome of an appeal to...


brief. (a) Participant statement. Upon the filing of the petition for review of a decision to close or consolidate a post office, the Secretary shall furnish...


Oral argument will be held in these appeal cases only when a party has made a showing that, owing to unusual circumstances, oral argument is a necessary addition to the...


Postal Service for inspection by affected postal patrons. In all proceedings conducted pursuant to this subpart H, the Postal Service shall cause to be...


Source: 66 FR 54441, Oct. 29, 2001, unless otherwise noted. (a) This section and Secs. 3001.162 through 3001.166 apply in cases in which the Postal Service requests...


and supporting direct evidence. Whenever the Postal Service determines to request that the Commission submit a recommended decision on a change in...


public notice and procedural schedule. (a) The purpose of this section is to provide a schedule for expediting proceedings in which the Postal Service proposes to conduct...


The Commission will issue a decision on the Postal Service's proposed market test in accordance with the policies of the Postal Reorganization Act, but will not...


In any case in which the Commission has issued a recommended decision in favor of a market test requested by the Postal Service, and the Board...


termination of proceeding. (a) In any case in which the Commission has issued a recommended decision in favor of a market test requested by the Postal Service,...


Source: 66 FR 54443, Oct. 29, 2001, unless otherwise noted. (a) This section and Secs. 3001.172 through 3001.176 apply in cases in which the Postal Service requests...


and prepared direct evidence. (a) Whenever the Postal Service determines to request that the Commission submit a decision recommending the establishment of...


public notice and procedural schedule. (a) The purpose of this section is to provide a schedule for expediting proceedings in which the Postal Service requests that...


The Commission will issue a decision on the Postal Service's proposed provisional service in accordance with the policies of the Postal Reorganization Act, but will not...


In any case in which the Commission has issued a recommended decision in favor of a provisional service of limited duration requested by the...


provisional service. At any time during the period in which a provisional service recommended by the Commission and implemented by the Board of Governors is...


29, 2001, unless otherwise noted. (a) The rules in Secs. 3001.181 and 3001.182 apply to Postal Service requests pursuant to section 3623 for the establishment of a...


establishment of a new postal service pursuant to section 3623, the Postal Service may request that its proposal be considered for a test period of longer duration than...


[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: 39CFR3002.1] [Page 469] TITLE 39--POSTAL SERVICE CHAPTER III--POSTAL RATE COMMISSION PART 3002--ORGANIZATION--Table of Contents Sec. 3002.1 Purpose. This part is published in compliance with 5 U.S.C. 552(a)(1) and constitutes a general description of the Postal Rate Commission. [36 FR 21994, Nov. 18, 1971] ...


39 U.S.C. 3623. It issues recommended decisions to the Governors of the Postal Service on these matters. It also acts on postal patrons' appeals from Postal...


by the Postal Reorganization Act (84 Stat. 719, title 39, U.S.C.). The Commission consists of five Commissioners appointed by the President and confirmed by the Senate, one...


or ``Chief Administrative Officer'', as appropriate. (b) As Secretary of the Commission, the incumbent head shall have custody of the Commission's seal,...


policy recommendations for the Commission. (b) This office provides the analytic support to the Commission for reviewing the record of rate and classification...


advisory services set forth in 39 CFR 3000.735-203. In accordance with Sec. 3001.8 of the rules of practice, the General Counsel does not appear as an attorney in...


prepares and litigates before the Commission legal and evidentiary presentations in all formal Commission dockets under chapter 36 of title 39, U.S. Code. It also...


On a white disc within a blue border with inner and outer rims gold and inscribed at top POSTAL RATE COMMISSION and in base, between two small five-pointed stars, 1970, all in...


access to and request amendment of information about themselves that is maintained in systems of records. This part does not expand or restrict any rights granted under...


[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: 39CFR3003.2] [Page 472] TITLE 39--POSTAL SERVICE CHAPTER III--POSTAL RATE COMMISSION PART 3003--PRIVACY ACT RULES--Table of Contents Sec. 3003.2 Definitions. For purposes of this part: (a) Commission means the Postal Rate Commission. (b) Individual, record, and system of records have the meanings specified in 5 U.S.C. 552a(a). (c) Day means a calendar day and does not include Saturdays, Sundays, and legal holidays. [[Page 473]] ...


him or her, (2) Seeks access to a Commission record about him or her that is maintained in a system of records (including the accounting of disclosures), or ...


a request and shall inform the individual whether a system of records maintained by the Commission contains such a record. (b) In the case of a request for access to...


of the Commission. The Chairman will decide each appeal within 30 days of receipt unless the Chairman has, for good cause, extended the period for another 30 days. ...


[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: 39CFR3003.6] [Page 474] TITLE 39--POSTAL SERVICE CHAPTER III--POSTAL RATE COMMISSION PART 3003--PRIVACY ACT RULES--Table of Contents Sec. 3003.6 Fees. The first copy of any record furnished under the Privacy Act of 1974 will be provided without charge. Additional copies will be charged at the cost of reproduction. ...


[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: 39CFR3003.7] [Page 474] TITLE 39--POSTAL SERVICE CHAPTER III--POSTAL RATE COMMISSION PART 3003--PRIVACY ACT RULES--Table of Contents Sec. 3003.7 Exemptions. The Postal Rate Commission has not established any exempt system of records. ...


copies of Commission records. It also describes how a submitter of trade secrets or confidential business information can identify information that the submitter believes...


8:00 a.m. until 4:30 p.m. during business days. (b) The records available for public inspection and copying in the reading room include: final opinions, statements of...


request should be addressed or delivered to the Secretary of the Commission at the offices of the Commission at 1333 H Street NW., Washington, DC 20268. A request should be...


Secretary of the Commission will: (1) Determine to comply with the request and immediately notify the requester of the determination and of any fees that must be paid;...


the Secretary on its own initiative. The Commission will grant or deny the appeal in writing, within 20 days (excluding Saturdays, Sundays and legal public holidays) of the...


where applicable, reviewing documents to respond to a request. They include (without limitation) the salary of the employee performing work (the basic pay rate of such...


to evade fees or to seek a procedural advantage over other requesters by breaking down a request into a series of requests, the Commission may aggregate the separate...


believes to be exempt from disclosure under 5 U.S.C. 552(b) must designate the exempt information by appropriate markings at the time of submission or at a...




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