Allotments for Child Support and Spousal Support, 40656 [E6-11323]
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40656
Federal Register / Vol. 71, No. 137 / Tuesday, July 18, 2006 / Rules and Regulations
the Secretary’s position with respect to
any disputed plan provision; and a copy
of the accident response plan indicating
all disputed and agreed-upon
provisions.
(c) Filing and service of pleadings.
Filing with the Commission of any
document in an accident response plan
dispute proceeding is effective upon
receipt. A copy of each document filed
with the Commission in such a
proceeding shall be expeditiously
served on all parties, such as by
personal delivery, including courier
service, by express mail, or by facsimile
transmission.
(d) Submission of materials.
(1) Within 15 calendar days of the
referral, the parties shall submit to the
Judge assigned to the matter all relevant
materials regarding the dispute. Such
submissions shall include a motion for
any relief sought, including any request
to stay the effect of a disputed provision
pending any appeal taken pursuant to
paragraph (f) of this section, and may
include proposed findings of fact and
conclusions of law. Such materials may
be supported by affidavits or other
verified documents, and shall specify
the grounds upon which the party seeks
relief. Supporting affidavits shall be
made on personal knowledge and shall
show affirmatively that the affiant is
competent to testify to the matters
stated.
(2) Hearing.
(i) Within 5 calendar days following
the Secretary’s referral, any party may
request a hearing and shall so advise the
Commission’s Chief Administrative Law
Judge or his designee, and
simultaneously notify the other parties.
(ii) Within 5 calendar days following
the Secretary’s referral, the
Commission’s Chief Administrative Law
Judge or his designee may issue an order
scheduling a hearing on the Judge’s own
motion, and must immediately so notify
the parties.
(iii) If a hearing on the referral is
requested or ordered, the hearing shall
be held within 15 calendar days of the
referral. The scope of a hearing on an
accident response plan dispute referral
is limited to the disputed plan provision
or provisions. If no hearing is held, the
Judge assigned to the matter shall
review the materials submitted by the
parties pursuant to paragraph (d)(1) of
this section, and shall issue a decision
pursuant to paragraph (e) of this section.
(e) Decision of the Judge.
(1) Within 15 calendar days following
receipt by the Judge of all submissions
and testimony made pursuant to
paragraph (d) of this section, the Judge
shall issue a decision that constitutes
the Judge’s final disposition of the
VerDate Aug<31>2005
16:49 Jul 17, 2006
Jkt 208001
proceedings. The decision shall be in
writing and shall include all findings of
fact and conclusions of law, and the
reasons or bases for them, on all the
material issues of fact, law or discretion
presented by the record, and an order.
The decision shall include a ruling, if a
party has so moved, on whether
inclusion of the disputed provision in
the plan shall be limited, and its effect
stayed, by any appeal taken pursuant to
paragraph (f) of this section. As far as is
practicable, the decision of the Judge
shall otherwise be subject to the
provisions of § 2700.69.
(2) The parties shall be notified of the
Judge’s decision by the most
expeditious means reasonably available.
Service of the decision shall be by
certified or registered mail, return
receipt requested.
(f) Review of decision. Any party may
seek review of a Judge’s decision by
filing with the Commission a petition
for discretionary review pursuant to
§ 2700.70 and § 2700.75. The
Commission shall act upon a petition on
an expedited basis. If review is granted,
the Commission shall issue a briefing
order. Except under extraordinary
circumstances, the Commission will not
grant motions for extension of time for
filing briefs.
Dated: July 12, 2006.
Michael F. Duffy,
Chairman, Federal Mine Safety and Health
Review Commission.
[FR Doc. E6–11300 Filed 7–17–06; 8:45 am]
DoD
Directive 1340.17, which was originally
codified in the CFR as 32 CFR part 54,
has been removed from the DoD
Directives System. The sentence added
to inform readers that were previously
used to making cross-reference to the
Directive will now know where to locate
additional information.
SUPPLEMENTARY INFORMATION:
List of Subjects in 32 CFR Part 54
Alimony, Child support, Military
personnel, Reporting and recordkeeping
requirements, Wages.
Accordingly, 32 CFR part 54 is
amended as follows:
I
PART 54—ALLOTMENTS FOR CHILD
AND SPOUSAL SUPPORT
1. The authority citation for 32 CFR
part 54 continues to read as follows:
I
Authority: 15 U.S.C. 1673, 37 U.S.C. 101,
42 U.S.C. 665.
2. Section 54.1 is amended by adding
a sentence at the end of the section to
read as follows:
I
§ 54.1
Purpose.
* * * The policy and procedures for
this part are also located in the DoD
Financial Management Regulation
(‘‘DoDFMR’’), Volume 7B, Chapter 43,
section 4304, ‘‘Allotments for Child
Support and Spousal Support’’ (DoD
7000.14–R).
BILLING CODE 6735–01–P
Dated: July 12, 2006.
L.M. Bynum,
OSD Federal Register Liaison Officer,
Department of Defense.
[FR Doc. E6–11323 Filed 7–17–06; 8:45 am]
DEPARTMENT OF DEFENSE
BILLING CODE 5001–06–P
Office of the Secretary
DEPARTMENT OF DEFENSE
[DoD–2006–OS–0074]
Office of the Secretary
32 CFR Part 54
[DoD–2006–OS–0093]
Allotments for Child Support and
Spousal Support
32 CFR Part 78
Department of Defense.
ACTION: Final rule.
Voluntary State Tax Withholding From
Retired Pay
AGENCY:
The Department of Defense is
administratively amending 32 CFR part
54, ‘‘Allotments for Child Support and
Spousal Support’’ to identify the
location of the policy and procedures
for Allotments for Child Support and
Spousal Support in the DoD Directives
System. All other information remains
unchanged.
SUMMARY:
Department of Defense.
Final rule.
AGENCY:
ACTION:
2006.
SUMMARY: The Department of Defense is
administratively amending 32 CFR Part
78, ‘‘Voluntary State Tax Withholding
From Retired Pay’’ to identify the
location of the policy and procedures
for Voluntary State Tax Withholding
from Retired Pay in the DoD Directives
System. All other information remains
unchanged.
FOR FURTHER INFORMATION CONTACT:
DATES:
L. Bynum, 703–696–4970.
2006.
DATES:
PO 00000
This rule is effective July 18,
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This rule is effective July 18,
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]]>Agencies
[Federal Register Volume 71, Number 137 (Tuesday, July 18, 2006)]
[Rules and Regulations]
[Page 40656]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-11323]
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DEPARTMENT OF DEFENSE
Office of the Secretary
[DoD-2006-OS-0074]
32 CFR Part 54
Allotments for Child Support and Spousal Support
AGENCY: Department of Defense.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Department of Defense is administratively amending 32 CFR
part 54, ``Allotments for Child Support and Spousal Support'' to
identify the location of the policy and procedures for Allotments for
Child Support and Spousal Support in the DoD Directives System. All
other information remains unchanged.
DATES: This rule is effective July 18, 2006.
FOR FURTHER INFORMATION CONTACT: L. Bynum, 703-696-4970.
SUPPLEMENTARY INFORMATION: DoD Directive 1340.17, which was originally
codified in the CFR as 32 CFR part 54, has been removed from the DoD
Directives System. The sentence added to inform readers that were
previously used to making cross-reference to the Directive will now
know where to locate additional information.
List of Subjects in 32 CFR Part 54
Alimony, Child support, Military personnel, Reporting and
recordkeeping requirements, Wages.
0
Accordingly, 32 CFR part 54 is amended as follows:
PART 54--ALLOTMENTS FOR CHILD AND SPOUSAL SUPPORT
0
1. The authority citation for 32 CFR part 54 continues to read as
follows:
Authority: 15 U.S.C. 1673, 37 U.S.C. 101, 42 U.S.C. 665.
0
2. Section 54.1 is amended by adding a sentence at the end of the
section to read as follows:
Sec. 54.1 Purpose.
* * * The policy and procedures for this part are also located in
the DoD Financial Management Regulation (``DoDFMR''), Volume 7B,
Chapter 43, section 4304, ``Allotments for Child Support and Spousal
Support'' (DoD 7000.14-R).
Dated: July 12, 2006.
L.M. Bynum,
OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. E6-11323 Filed 7-17-06; 8:45 am]
BILLING CODE 5001-06-P
