Rules of Practice in Proceedings Relative to Mail Disputes, 15218-15219 [2011-6332]

Agencies

• Postal Service

[Federal Register Volume 76, Number 54 (Monday, March 21, 2011)]
[Rules and Regulations]
[Pages 15218-15219]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-6332]


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POSTAL SERVICE

39 CFR Part 965


Rules of Practice in Proceedings Relative to Mail Disputes

AGENCY: Postal Service.

ACTION: Final rule.

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SUMMARY: The Postal Service is amending the rules of practice of the 
Office of the Judicial Officer to clarify that parties may submit 
arguments as well as sworn statements in support of their claims to 
disputed mail. In addition, the rules are being amended to clarify some 
provisions and update obsolete language.

DATES: Effective Date: March 30, 2011.

FOR FURTHER INFORMATION CONTACT: Administrative Judge Gary E. Shapiro, 
(703) 812-1910.

SUPPLEMENTARY INFORMATION: 
    Supporting statements. The rules governing proceedings relative to 
mail disputes are found in 39 CFR part 965. Formerly, Sec.  965.5 
provided that each party shall file a sworn statement of the facts 
supporting its claim to the disputed mail together with a copy of each 
document on which it relies in making such claim. The revised rule 
clarifies that the submission also may include argument as to why the 
factual statement and supporting documents should result in that 
party's claim to the disputed mail being accepted. The change 
concerning inclusion of argument in the parties' mail dispute 
submissions is intended to reflect longstanding practice to that 
effect. Clarifying this matter should avoid confusion from unclear 
wording that could, and in one recent case did lead a disputant to 
believe that only factual presentation and not argument is permitted by 
the rules. Corresponding changes are made to section 965.6.
    Editorial changes. Several other changes are made to various 
sections of the rules for the purpose of clarifying the rules, updating 
the rules, or conforming the rules to current practice. None of the 
changes affects the substantive rights of disputants. Changes in 
sections 965.1, 965.2, 965.3, 965.4(b)(2), 965.8(a), and 965.14 reflect 
current practice and eliminate reference to obsolete language. Section 
965.9(c) is eliminated as unnecessary.
    Effective date. These revisions are changes in agency rules of 
practice before the Judicial Officer and do not substantially affect 
any rights or obligations of private parties. Therefore, it is 
appropriate for their adoption by the Postal Service to become 
effective at an early date; and these revised rules

[[Page 15219]]

will govern proceedings docketed on or after March 30, 2011.

List of Subjects in 39 CFR Part 965

    Administrative practice and procedure, Mail disputes, Postal 
Service.

    Accordingly, the Postal Service adopts amendments to 39 CFR part 
965 as set forth below.

PART 965--RULES OF PRACTICE IN PROCEEDINGS RELATIVE TO MAIL 
DISPUTES

0
1. The authority citation for part 965 continues to read as follows:

    Authority:  39 U.S.C. 204, 401.


0
2. Section 965.1 is revised to read as follows:


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.


0
3. Section 965.2 is revised to read as follows:


Sec.  965.2  Scope of rules.

    The rules in this part shall be applicable to mail dispute cases 
forwarded to the Judicial Officer pursuant to Postal Operations Manual 
section 616.21.


0
4. Section 965.3 is revised to read as follows:


Sec.  965.3  Notice to parties.

    Upon receipt of a mail dispute case, the Recorder, Office of the 
Judicial Officer, United States Postal Service, 2101 Wilson Boulevard, 
Suite 600, Arlington, VA 22201-3078, will send a notice of docketing 
and submission due date to the parties together with a copy of these 
rules.

0
5. Section 965.4 is amended by revising paragraph (b)(2) to read as 
follows:


Sec.  965.4  Presiding officers.

* * * * *
    (b) * * *
    (2) Render an initial decision, if the presiding officer is not the 
Judicial Officer; or if the presiding officer is the Judicial Officer, 
issue a tentative or a final decision or order.


0
6. Section 965.5 is revised to read as follows:


Sec.  965.5  Initial submissions by parties.

    Within 15 days after receipt of the Recorder's notice, each party 
shall file with the 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, and any arguments supporting 
its claim.


0
7. Section 965.6 is revised to read as follows:


Sec.  965.6  Comments by parties.

    Within 10 days of receipt of the other party's initial submission 
under Sec.  965.5, each party may file with the Recorder an additional 
statement or rebuttal argument setting forth in detail its 
disagreements, if any, with its opponent's initial submission. Such 
rebuttal may include any additional documents relevant to the dispute.


0
8. Section 965.8 is amended by revising paragraph (a) to read as 
follows:


Sec.  965.8  Hearings.

    (a) Generally, mail dispute cases are resolved based on written 
submissions. However, in the discretion of the presiding officer an 
oral hearing may be conducted where in the opinion of the presiding 
officer, the case cannot be resolved by a review of the documentary 
evidence.
* * * * *


Sec.  965.9   [Amended]


0
9. Section 965.9 is amended by removing paragraph (c).


0
10. Section 965.12 is revised to read as follows:


Sec.  965.12  Appeal.

    Within 10 days after receipt by the parties of the initial or 
tentative decision, either party may file an appeal to the Judicial 
Officer. The Judicial Officer, or by delegation the Associate Judicial 
Officer, in his or her sole discretion, also may review the initial or 
tentative decision on his or her own initiative. If an appeal is 
denied, the initial or tentative decision becomes the final agency 
decision upon the issuance of such denial. If an appeal is not filed 
and the Judicial Officer, or by delegation the Associate Judicial 
Officer does not review the initial or tentative decision on his or her 
own initiative, a final order will be issued. The Judicial Officer's 
decision on appeal or his or her final order is the final agency 
decision with no further agency review or appeal rights.


0
11. Section 965.14 is revised to read as follows:


Sec.  965.14  Public information.

    The Librarian of the Postal Service maintains for public inspection 
in the Library copies of all initial, tentative, and final agency 
decisions and orders. Copies of decisions also are available on the 
Judicial Officer's section of the official Web site of the U.S. Postal 
Service. The Recorder maintains the complete official record of every 
proceeding.

Stanley F. Mires,
Chief Counsel, Legislative.
[FR Doc. 2011-6332 Filed 3-18-11; 8:45 am]
BILLING CODE 7710-12-P