Rules of Practice in Proceedings Relative to Administrative Offsets Initiated Against Former Employees of the Postal Service, 65103-65107 [2012-26248]
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Federal Register / Vol. 77, No. 207 / Thursday, October 25, 2012 / Rules and Regulations
(B) Committed on or after August 15,
2011, not more than the greater of
$1,025,000 or triple the monetary gain
to such person for each such violation;
and
(ii) For all other violations:
(A) Committed between November 27,
1996 and October 22, 2000, not more
than the greater of $110,000 or triple the
monetary gain to such person for each
such violation;
(B) Committed between October 23,
2000 and October 22, 2004, not more
than the greater of $120,000 or triple the
monetary gain to such person for each
such violation;
(C) Committed between October 23,
2004 and October 22, 2008, not more
than the greater of $130,000 or triple the
monetary gain to such person for each
such violation; and
(D) Committed on or after October 23,
2008, not more than the greater of
$140,000 or triple the monetary gain to
such person for each such violation.
*
*
*
*
*
Issued in Washington, DC, on October 18,
2012, by the Commission.
Sauntia S. Warfield,
Assistant Secretary of the Commission.
22, 2012. This document announces
approval of the ICR.
DATES: The ICR associated with the final
rule published in the Federal Register
on October 20, 2011, at 76 FR 65121.
The Office of Management and Budget
(OMB) approved and cleared the
associated Information Collection
Requirements on August 22, 2012,
under OMB Control Number 0596–0227.
FOR FURTHER INFORMATION CONTACT:
Scott Stewart, U.S. Department of
Agriculture, Forest Service, State and
Private Forestry, Cooperative Forestry,
202–205–1618. Individuals who use
telecommunication devices for the deaf
(TDD) may call the Federal Information
Relay Service (FIRS) at 1–800–877–8339
between 8:00 a.m. and 8:00 p.m.,
Eastern Standard Time, Monday
through Friday.
Dated: October 16, 2012.
Harris D. Sherman,
Under Secretary, Natural Resources and
Environment.
[FR Doc. 2012–26247 Filed 10–24–12; 8:45 am]
BILLING CODE 3410–11–P
POSTAL SERVICE
Note: The following appendix will not
appear in the Code of Federal Regulations.
39 CFR Part 966
Appendix to Adjustment of Civil Monetary
Penalties for Inflation—Commission Voting
Summary and Statements of Commissioners
Rules of Practice in Proceedings
Relative to Administrative Offsets
Initiated Against Former Employees of
the Postal Service
Appendix 1—Commission Voting Summary
On this matter, Chairman Gensler and
Commissioners Sommers, Chilton, O’Malia
and Wetjen voted in the affirmative; no
Commissioner voted in the negative.
Postal Service.
Final rule.
AGENCY:
ACTION:
Forest Service, USDA.
Final rule; notice of approval of
Information Collection Request (ICR).
This document revises the
rules of practice of the Judicial Officer
in proceedings relative to administrative
offsets initiated against former
employees of the Postal Service. These
revisions update the rules to reflect
changes in the Postal Service’s debt
collection regulations and procedures,
eliminate outdated provisions, and
conform the rules to the Judicial
Officer’s existing practice.
DATES: Effective date: November 26,
2012.
FOR FURTHER INFORMATION CONTACT:
Administrative Judge Gary E. Shapiro,
2101 Wilson Boulevard, Suite 600,
Arlington, VA 22201–3078; Telephone:
(703) 812–1900.
SUPPLEMENTARY INFORMATION:
The final rule entitled
Community Forest and Open Space
Conservation Program was published on
October 20, 2011. The Office of
Management and Budget approved and
cleared the associated information
collection requirements (ICR) on August
A. Executive Summary
The rules of practice in proceedings
relative to administrative offsets
initiated against former employees of
the Postal Service are set forth in 39
CFR part 966. The Postal Service is
concurrently revising its regulations
[FR Doc. 2012–26090 Filed 10–24–12; 8:45 am]
BILLING CODE 6351–01–P
DEPARTMENT OF AGRICULTURE
Forest Service
36 CFR Part 230
RIN 0596–AC84
Community Forest and Open Space
Conservation Program; Approval of
Information Collection Request
AGENCY:
ACTION:
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SUMMARY:
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SUMMARY:
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65103
pertaining to collecting debts from
former employees contained in the
Postal Service Employment and Labor
Relations Manual (ELM). These ELM
revisions conform existing Postal
Service regulations to the requirements
of the Debt Collection Act. The revisions
in this document will bring 39 CFR part
966 into accord with the Postal Service’s
revised regulations for collecting debts
from former employees by
administrative offset. In addition, minor
changes will be made to eliminate
outdated provisions and conform these
rules to the existing practice of the
Judicial Officer.
The Postal Service published these
proposed changes to 39 CFR part 966 on
September 4, 2012 (77 FR 53830–34).
No comments were received. The final
version of the rule is, accordingly
unmodified, with the exception of
minor changes to § 966.9, intended to be
clarifying only.
B. Summary of Changes
Changes to § 966.2(a) cross reference
the Postal Service’s new ELM provisions
pertaining to administrative offsets and
also clarify that such offsets are taken
pursuant to the statutory authority of 31
U.S.C. 3716. Changes to § 966.2(b)
clarify that the regulations contained in
39 CFR part 966 are intended to be
consistent with the Federal Claims
Collection Standards promulgated
jointly by the Department of Justice and
the Treasury, found at 31 CFR parts
900–904.
Changes to § 966.3 update the
definitions of part 966 to refer to the
Postal Service Accounting Service
Center (ASC) or successor installation
instead of the area Postmaster/
Installation head. The definition of
‘‘reconsideration’’ in paragraph (i) is
thus revised to refer to action taken by
the ASC. These changes accurately
reflect the Postal Service’s current
practices for collecting debts from
former employees, as collections from
former employees are normally handled
through the ASC. Definitions are also
updated to include the Federal Claims
Collection Standards, referenced
elsewhere in the revised regulations.
Changes to paragraph (j) are nonsubstantive and provide the parties with
useful contact information.
Changes to § 966.4 revise the
procedures for filing a petition for a
hearing under part 966. These revisions
align these regulations with the Postal
Service’s revised ELM regulations
pertaining to collecting debts from
former employees by administrative
offset, the Postal Service’s current debt
collection procedures, and current
practice before the Judicial Officer.
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Paragraphs (a)(2) and (3) are revised to
cross reference and incorporate the
Postal Service’s ELM provisions, as well
as the relevant section of the Debt
Collection Act, that detail the notice and
due process rights former Postal Service
employees are afforded prior to the
collection of a debt by administrative
offset. Changes to these paragraphs
clarify that a former employee may
petition for review under part 966 either
after receiving the required notice and
requesting and receiving a
reconsideration determination from the
ASC, or after requesting reconsideration
but not receiving a determination within
60 days from the request. Changes to
paragraph (b) detail those situations
whereby the Postal Service may take an
administrative offset without affording
an opportunity for pre-deprivation
review to the former employee. In
accordance with the Judicial Officer’s
current practice and applicable law,
these changes further clarify that where
prior notice and an opportunity for
review are omitted and the
circumstances outlined in revised
paragraphs (b)(2), (3) and/or (4) do not
apply, the former employee may submit
a petition for review under part 966
following the offset. Changes to
paragraph (c) clarify the procedural time
limits for filing a petition for review
under revised part 966. In conformance
with revisions made elsewhere to part
966, ‘‘Accounting Service Center’’ is
substituted for ‘‘Postmaster/Installation
Head’’ in paragraph (d)(4). The
remaining revisions to paragraph (d) are
intended to modernize requirements for
the content of hearing petitions.
In § 966.6, paragraph (a) is revised to
reflect the Recorder’s correct hours,
delete the requirement that parties
submit documents in triplicate, and
clarify that parties should serve papers
directly with each other unless
otherwise directed by the Hearing
Official. Paragraph (c) explicitly
requires that parties discuss extensions
of time with the opposing party, as is
the current practice. Paragraph (d)
clarifies that the General Counsel may
delegate cases to a designee and
establishes a notice of appearance
requirement in order to reduce the
possibility of misdirected orders. In
addition, paragraph (d) is revised to
allow for non-attorney representatives.
In current practice, former employees
are often represented by non-attorneys.
Section 966.7 is revised to simplify
the answer’s content, eliminate the need
for the Postal Service’s representative to
provide certain information
prematurely, and require that the
answer clearly explain the basis and
calculation of the debt at issue.
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Changes to § 966.8(a)(3), (6), and (7)
conform the regulations to the existing
practice of the Judicial Officer. Changes
to § 966.8(a)(9) similarly reflect the
Judicial Officer’s existing practice and
provide notice to parties that time
extensions will not be automatically
granted.
Changes to § 966.9 update the
regulation to reflect the existing practice
of the Judicial Officer pertaining to
hearing transcripts, as well as the
Hearing Official’s ability, in case of a
party’s unexcused absence, to continue
with a hearing at the Hearing Official’s
discretion. This section is also revised
to clarify current practice pertaining to
when a Hearing Official may conduct a
hearing, as opposed to a decision on the
record.
Section 966.11 is revised to provide
that the Initial Decision of the presiding
Administrative Judge may become the
final determination of the Postal Service
without any further order by the Judicial
Officer, so long as no appeal has been
filed and the Judicial Officer has not
decided to review the decision on his or
her own motion.
Formerly, § 966.12 detailed only
circumstances under which the
Petitioner could be found in default and
administrative offset could thus be
initiated. As revised, § 966.12 provides
for circumstances under which either
party may be found in default. This
change is in accordance with existing
practice and decisions of the Judicial
Officer.
Section 966.13 is revised to reflect
more accurately the definition of ‘‘ex
parte’’ discussions in the context of
proceedings brought under part 966.
Sections 966.5 and 966.10, dealing
respectively with the effect of filing a
petition, and the initial decision of the
Hearing Official, are retained without
change.
C. Effective Dates and Applicability
These revised rules will begin to
govern proceedings under part 966
docketed on or after November 26, 2012.
List of Subjects in 39 CFR Part 966
Administrative practice and
procedure, claims, Government
employees, wages.
For the reasons stated in the
preamble, the Postal Service amends 39
CFR part 966 as set forth below:
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PART 966—RULES OF PRACTICE IN
PROCEEDINGS RELATIVE TO
ADMINISTRATIVE OFFSETS INITIATED
AGAINST FORMER EMPLOYEES OF
THE POSTAL SERVICE
1. The authority citation for 39 CFR
part 966 is revised to read as follows:
■
Authority: 31 U.S.C. 3716; 39 U.S.C. 204,
401, 2601.
2. Section 966.2 is revised to read as
follows:
■
§ 966.2
Scope of rules.
(a) The rules in this part apply to any
petition filed by a former postal
employee:
(1) To challenge the Postal Service’s
determination that he or she is liable to
the Postal Service for a debt incurred in
connection with his or her Postal
Service employment, that the Postal
Service intends to collect by
administrative offset pursuant to the
authority of 31 U.S.C. 3716 and in
accordance with the regulations
contained in the Employee and Labor
Relations Manual, sections 470 and 480;
and/or
(2) To challenge the administrative
offset schedule proposed by the Postal
Service for collecting any such debt.
(b) The regulations in this part are
consistent with the provisions of the
Federal Claims Collection Standards
pertaining to administrative offset.
3. Section 966.3 is revised to read as
follows:
■
§ 966.3
Definitions.
(a) Accounting Service Center refers to
the United States Postal Service Eagan
Accounting Service Center or its
successor installation.
(b) Administrative offset 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
satisfy a debt determined to be owed by
the former employee to the Postal
Service.
(c) Debt refers to any amount
determined by the Postal Service to be
owed to the Postal Service by a former
employee.
(d) Federal Claims Collection
Standards or FCCS refers to regulations
promulgated by the Department of
Justice and the Department of the
Treasury and codified at 31 CFR parts
900 through 904.
(e) Former employee refers to an
individual whose employment with the
Postal Service has ceased. An employee
is considered formally separated from
the Postal Service rolls as of close of
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business on the effective date of his or
her separation.
(f) General Counsel refers to the
General Counsel of the Postal Service,
and includes a designated
representative.
(g) Hearing Official refers to an
Administrative Law Judge qualified to
hear cases under the Administrative
Procedure Act, an Administrative Judge
appointed under the Contract Disputes
Act of 1978, or any other qualified
person licensed to practice law
designated by the Judicial Officer to
preside over a hearing conducted
pursuant to this part.
(h) Judicial Officer refers to the
Judicial Officer, Associate Judicial
Officer, or Acting Judicial Officer of the
Postal Service.
(i) Reconsideration refers to the
review of an alleged debt and/or the
proposed offset schedule conducted by
the Accounting Service Center at the
request of a former employee alleged to
be indebted to the Postal Service.
(j) Recorder refers to the Recorder,
Judicial Officer Department, United
States Postal Service, 2101 Wilson
Boulevard, Suite 600, Arlington, VA
22201–3078. The recorder’s telephone
number is (703) 812–1900, and the
Judicial Officer’s Web site is https://
about.usps.com/who-we-are/judicial/
welcome.htm. The fax number is (703)
812–1901.
4. Section 966.4 is revised to read as
follows:
■
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§ 966.4 Petition for a hearing and
supplement to petition.
(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 debt and/or the
proposed offset schedule has not been
established under part 452.3 or part
462.3 of the Employee & Labor Relations
Manual (ELM);
(2) The former employee has received
a Notice from the Accounting Service
Center in compliance with section 472.1
of the ELM and the administrative offset
provisions of the FCCS, informing the
former employee of the debt and an
offset schedule to satisfy the debt, the
former employee’s rights under 31
U.S.C. 3716(a), the right to request
reconsideration of the debt and/or offset
schedule from the Accounting Service
Center, and the right to request review
under this part; and
(3) The former employee has
requested reconsideration of the Postal
Service’s determination of the existence
or amount of the alleged debt and/or the
offset schedule proposed by the Postal
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Service within thirty (30) calendar days
of receiving the notice referenced in
paragraph (a)(2), and either has received
a reconsideration determination, or
within sixty (60) calendar days from the
reconsideration request has not received
a reconsideration determination.
(b) Notwithstanding the provisions of
this part, the Postal Service may omit
the procedures for notice and
reconsideration in this part under
certain circumstances as set forth below:
(1) If the Postal Service first learns of
the existence of the amount owed by the
former employee when there is
insufficient time before payment would
be made to the former employee to
allow for prior notice and an
opportunity for review under this part.
When prior notice and an opportunity
for review are omitted, the Postal
Service will give the former employee
notice and an opportunity for review as
soon as practicable and will promptly
refund any money ultimately found not
to have been owed. In such
circumstances whereby prior notice and
an opportunity for pre-deprivation
review are omitted, the former employee
may submit a petition for review under
this part.
(2) If an agency (including the Postal
Service) has already given the former
employee any of the required notice and
review opportunities set forth in the
FCCS with respect to a particular debt.
In such a situation, the Postal Service
need not duplicate such notice and
review opportunities before taking an
administrative offset.
(3) If a former bargaining unit
employee of the Postal Service pursues,
in accordance with the applicable
provisions of his or her CBA, a
grievance concerning the Postal
Service’s claim, including, but not
limited to, the existence of a debt owed
to the Postal Service, the amount of
such debt, and/or the proposed
repayment schedule, and none of the
circumstances set forth in ELM section
483.1 apply;
(4) If otherwise allowed by law,
including, but not limited to, the
administrative offset provisions of the
FCCS.
(c) Within thirty (30) calendar days
after the date of receipt of the
Accounting Service Center’s decision
upon reconsideration, after the
expiration of sixty (60) calendar days
after a request for reconsideration where
a reconsideration determination is not
made, or following an administrative
offset taken without prior notice and
opportunity for reconsideration
pursuant to paragraph (b)(1) of this
section, the former employee must file
a written, signed petition, requesting a
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65105
written or oral hearing, with the
Recorder, Judicial Officer Department,
United States Postal Service, 2101
Wilson Boulevard, Suite 600, Arlington,
VA 22201–3078.
(d) The petition must include the
following:
(1) The words, ‘‘Petition for Review
Under 39 CFR Part 966’’;
(2) The former employee’s name;
(3) The former employee’s home
address, email address (if available), and
telephone number, and any other
address and telephone number at which
the former employee may be contacted
about these proceedings;
(4) A statement of the date the former
employee received the Accounting
Service Center’s decision upon
reconsideration of the alleged debt and
a copy of the decision;
(5) A statement of the grounds upon
which the former employee objects to
the Postal Service’s determination of the
debt or to the administrative offset
schedule proposed by the Postal Service
for collecting any such debt. This
statement should identify with
reasonable specificity and brevity the
facts, evidence, and legal arguments, if
any, which support the former
employee’s position; and
(6) Copies of all records in the former
employee’s possession which relate to
the debt and which the former employee
may enter into the record of the hearing.
(e) The former employee may, if
necessary, file with the Recorder
additional information as a supplement
to the petition at any time prior to the
filing of the answer to the petition under
§ 966.7, or at such later time as
permitted by the Hearing Official upon
a showing of good cause.
■ 5. Section 966.6 is revised to read as
follows:
§ 966.6 Filing, docketing and serving
documents; computation of time;
representation of parties.
(a) Filing. All documents required
under this part must be filed by the
former employee or the General Counsel
with the Recorder. (The Recorder’s
normal business hours are between 8:45
a.m. and 4:45 p.m., eastern standard or
daylight saving time as appropriate
during the year.) Unless otherwise
directed by the Hearing Official, the
party filing any document shall send a
copy thereof to the opposing party.
(b) Docketing. The Recorder will
maintain a docket record of proceedings
under this part and will assign each
petition a docket number. After
notification of the docket number, the
former employee and General Counsel
should refer to it on any further filings
regarding the petition.
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(c) Time computation. A filing period
under the rules in this part 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 event the period runs until the
close of business on the next business
day. Requests for extensions of time
shall be made in writing stating good
cause therefor, shall represent that the
moving party has contacted the
opposing party about the request, or
made reasonable efforts to do so, and
shall indicate whether the opposing
party consents to the extension.
(d) Representation of parties. After the
filing of the petition, further document
transmittals for, or communications
with, the Postal Service shall be through
its representative, the General Counsel,
or designee. The representative of the
Postal Service, as designated by the
General Counsel, shall file a notice of
appearance as soon as practicable, and
no later than the date for filing the
answer. If a former employee has a
representative, further transmissions of
documents and other communications
by and with the former employee shall
be made through his or her
representative rather than directly with
the former employee.
■ 6. Section 966.7 is revised to read as
follows:
§ 966.7
Answer to petition.
Within thirty (30) days 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 Postal Service’s claim, or
the administrative offset schedule
proposed by the Postal Service for
collecting any such claim. The answer
shall provide a clear and detailed
description of the basis for the Postal
Service’s determination of the alleged
debt and its calculation of the amount
of the alleged debt and/or its proposed
offset schedule, as appropriate.
■ 7. Section 966.8 is revised to read as
follows:
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§ 966.8 Authority and responsibilities of
Hearing Official 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 all offers, motions, or
requests by the parties;
(2) Issuing any notices, orders, or
memoranda to the parties concerning
the hearing procedures;
(3) Conducting telephone conferences
with the parties to expedite the
proceedings (a memorandum of a
telephone conference will be
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transmitted to both parties). The
Hearing Official’s Memorandum of
Telephone Conference serves as the
official record of that conference;
(4) Determining if an oral hearing is
necessary, the type of oral hearing that
would be appropriate, and setting the
place, date, and time for such hearing;
(5) Administering oaths or
affirmations to witnesses;
(6) Conducting the hearing in a
manner to maintain discipline and
decorum while assuring that relevant,
reliable, and probative evidence is
elicited on the disputed issues, and that
irrelevant, immaterial, or repetitious
evidence is excluded. The Hearing
Official in his or her discretion may
examine witnesses to ensure that a
satisfactory record is developed;
(7) Establishing the record in the case.
Except as the Hearing Official may
otherwise order in his or her discretion,
no proof shall be received in evidence
after completion of an oral hearing or,
in cases submitted on the written
record, after notification by the Hearing
Official that the case is ready for
decision. The weight to be attached to
any evidence of record will rest within
the sound discretion of the Hearing
Official. The Hearing Official may
require either party, with appropriate
notice to the other party, to submit
additional evidence on any relevant
matter;
(8) Issuing an initial decision or one
on remand; and
(9) Granting reasonable time
extensions or other relief for good cause
shown.
(b) The Judicial Officer, in addition to
possessing such authority as is
described elsewhere in this part, shall
possess all of the authority and
responsibilities of a Hearing Official.
■ 8. Section 966.9 is revised to read as
follows:
§ 966.9
Opportunity for oral hearing.
An oral hearing shall be held in the
sole discretion of the Hearing Official.
An oral hearing includes an in-person
hearing, a telephonic hearing, or a
hearing by video conference. When the
Hearing Official determines that an oral
hearing shall not be conducted, the
decision shall be based solely on written
submissions. The Hearing Official shall
arrange for the recording and
transcription of an oral hearing, which
shall serve as the official record of the
hearing. The unexcused absence of a
party at the time and place set for
hearing may not be occasion for delay
at the discretion of the Hearing Official.
In the event of such absence, the hearing
may proceed without the participation
of the absent party.
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9. Section 966.11 is revised to read as
follows:
■
§ 966.11
Appeal.
The initial or tentative decision will
become the final agency decision thirty
(30) days after its issuance unless,
before the expiration of that time, a
party files an appeal with the Judicial
Officer, or the Judicial Officer, in his or
her sole discretion, elects to conduct a
review of the decision on his or her own
initiative. During such review or appeal
consideration, the Judicial Officer will
accept all findings of fact in the original
decision unless clearly erroneous. If
following appeal or review, the Judicial
Officer affirms the original decision,
that decision becomes the final agency
decision with no further right of appeal
within the agency.
■ 10. Section 966.12 is revised to read
as follows:
§ 966.12
Waiver of rights.
(a) The Hearing Official may
determine that the former employee has
waived the right to a hearing, and that
administrative offset may be initiated if
the former employee files a petition for
hearing after the period prescribed in
these Rules and fails to demonstrate to
the satisfaction of the Hearing Official
good cause for the delay; or has filed a
withdrawal of the former employee’s
previous petition for a hearing.
(b) The Hearing Official may
determine that the Postal Service has
waived the alleged debt at issue, and
that the administrative offset may not be
initiated if the Postal Service fails to file
the answer within the period prescribed
by the Rules and fails to demonstrate to
the satisfaction of the Hearing Official
good cause for the delay; or has filed a
withdrawal of the debt determination at
issue.
(c) In addition, whenever a record
discloses the failure of either party to
file documents required by these rules,
respond to notices or correspondence
from the Hearing Official, comply with
orders of the Hearing Official,
participate in conferences, fail to treat
the proceedings with the proper
decorum, or otherwise indicate an
intention not to continue the
prosecution or defense of a petition, the
Hearing Official may issue an order
requiring the offending party to show
cause why the petition should not be
dismissed or granted, as appropriate. If
the offending party shall fail to show
cause, the Hearing Official may take
such action as he or she deems
reasonable and proper under the
circumstances, including dismissal or
granting of the petition as appropriate.
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11. Section 966.13 is revised to read
as follows:
■
§ 966.13
Ex parte communications.
Ex parte communications are not
allowed between a party and the
Hearing Official or the Official’s staff.
For these purposes, ex parte
communication means an oral or
written communication, not on the
public record, with one party only with
respect to which reasonable prior notice
to all parties is not given, but it shall not
include requests for status reports or
procedural matters. A memorandum of
any communication between the
Hearing Official and a party will be
transmitted to both parties.
Stanley F. Mires,
Attorney, Legal Policy & Legislative Advice.
[FR Doc. 2012–26248 Filed 10–24–12; 8:45 am]
BILLING CODE 7710–12–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 51 and 52
[EPA–HQ–OAR–2003–0062; FRL–9742–8]
RIN 2060–AR30
Implementation of the New Source
Review (NSR) Program for Particulate
Matter Less Than 2.5 Micrometers
(PM2.5): Amendment to the Definition of
‘‘Regulated NSR Pollutant’’
Concerning Condensable Particulate
Matter
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The EPA is issuing a final rule
that revises the definition of ‘‘regulated
NSR pollutant’’ contained in two sets of
Prevention of Significant Deterioration
(PSD) regulations and in the EPA’s
Emission Offset Interpretative Ruling.
The revision corrects an inadvertent
error made in 2008 when the EPA
issued its rule to implement the New
Source Review (NSR) program for fine
particles with an aerodynamic diameter
of less than or equal to 2.5 micrometers
(PM2.5). This revision removes a general
requirement in the definition of
‘‘regulated NSR pollutant’’ to include
condensable PM when measuring one of
the emissions-related indicators for
SUMMARY:
particulate matter (PM) known as
‘‘particulate matter emissions’’ in the
context of the PSD and NSR regulations.
However, the rule preserves the
requirement in some particular cases to
include condensable PM in
measurements of ‘‘particulate matter
emissions’’ as required by other
regulations. In addition, measurement of
condensable PM continues to be
required in all cases for two other
emissions-related indicators for
emissions of PM—emissions of particles
with an aerodynamic diameter of less
than or equal to 10 micrometers (PM10
emissions) and PM2.5 emissions.
DATES: The amendments to 40 CFR parts
51 and 52 are effective December 24,
2012.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–HQ–OAR–2003–0062. All
documents in the docket are listed in
the www.regulations.gov index.
Although listed in the index, some
information is not publicly available,
e.g., Confidential Business Information
(CBI) or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy at
the EPA Docket Center, Public Reading
Room, EPA West, Room 3334, 1301
Constitution Avenue, Northwest,
Washington, DC 20460. The Public
Reading Room is open from 8:30 a.m. to
4:30 p.m., Monday through Friday,
excluding legal holidays. The telephone
number for the Public Reading Room is
(202) 566–1744, and the telephone
number for the Air Docket is (202) 566–
1742.
FOR FURTHER INFORMATION CONTACT: Mr.
Dan deRoeck, Air Quality Policy
Division (C504–03), U.S. Environmental
Protection Agency, Research Triangle
Park, NC, 27711; telephone number
(919) 541–5593; fax number (919) 541–
5509; or email address:
deroeck.dan@epa.gov.
SUPPLEMENTARY INFORMATION: The
information in this Supplementary
Information section of this preamble is
organized as follows:
I. General Information
erowe on DSK2VPTVN1PROD with
Electric services ........................................
Petroleum refining .....................................
Industrial inorganic chemicals ...................
Industrial organic chemicals .....................
Miscellaneous chemical products .............
VerDate Mar<15>2010
13:15 Oct 24, 2012
A. Does this action apply to me?
B. Where can I get a copy of this document
and other related information?
II. Purpose
III. Background
A. National Ambient Air Quality Standards
(NAAQS) for PM
B. Measuring and Reporting Emissions of
PM
C. NSR Program for PM
IV. What is the final action that the EPA is
taking on the definition of ‘‘regulated
NSR pollutant’’ and how does it affect
the way ‘‘particulate matter emissions’’
are measured?
V. What comments did we receive on the
proposed amendments to the definition
of ‘‘regulated NSR pollutant’’?
A. Regulated Indicators of PM
B. Defining PM Consistent With an
Applicable New Source Performance
Standard (NSPS)
C. Defining PM To Include Condensable
PM in the State Implementation Plan
(SIP)
D. Comments Related to Special EPA
Policies for Implementing PM
Requirements Under the NSR Program
E. Other Comments Unrelated to the Final
Rule
VI. Statutory and Executive Order Reviews
A. Executive Order 12866—Regulatory
Planning and Review and Executive
Order 13563: Improving Regulation and
Regulatory Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act
E. Executive Order 13132—Federalism
F. Executive Order 13175—Consultation
and Coordination With Indian Tribal
Governments
G. Executive Order 13045—Protection of
Children From Environmental Health
and Safety Risks
H. Executive Order 13211—Actions That
Significantly Affect Energy Supply,
Distribution, or Use
I. National Technology Transfer and
Advancement Act
J. Executive Order 12898—Federal Actions
To Address Environmental Justice in
Minority Populations and Low-Income
Populations
K. Congressional Review Act
L. Judicial Review
VII. Statutory Authority
I. General Information
A. Does this action apply to me?
Entities affected by this rule include
sources in all industry groups. The
majority of sources potentially affected
are expected to be in the following
groups that emit PM:
NAICS a
Industry group
Jkt 229001
221111, 221112, 221113, 221119, 221121, 221122.
32411.
325181, 32512, 325131, 325182, 211112, 325998, 331311, 325188.
32511, 325132, 325192, 325188, 325193, 32512, 325199.
32552, 32592, 32591, 325182, 32551.
PO 00000
Frm 00011
Fmt 4700
Sfmt 4700
65107
E:\FR\FM\25OCR1.SGM
25OCR1
]]>Agencies
[Federal Register Volume 77, Number 207 (Thursday, October 25, 2012)]
[Rules and Regulations]
[Pages 65103-65107]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-26248]
=======================================================================
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POSTAL SERVICE
39 CFR Part 966
Rules of Practice in Proceedings Relative to Administrative
Offsets Initiated Against Former Employees of the Postal Service
AGENCY: Postal Service.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This document revises the rules of practice of the Judicial
Officer in proceedings relative to administrative offsets initiated
against former employees of the Postal Service. These revisions update
the rules to reflect changes in the Postal Service's debt collection
regulations and procedures, eliminate outdated provisions, and conform
the rules to the Judicial Officer's existing practice.
DATES: Effective date: November 26, 2012.
FOR FURTHER INFORMATION CONTACT: Administrative Judge Gary E. Shapiro,
2101 Wilson Boulevard, Suite 600, Arlington, VA 22201-3078; Telephone:
(703) 812-1900.
SUPPLEMENTARY INFORMATION:
A. Executive Summary
The rules of practice in proceedings relative to administrative
offsets initiated against former employees of the Postal Service are
set forth in 39 CFR part 966. The Postal Service is concurrently
revising its regulations pertaining to collecting debts from former
employees contained in the Postal Service Employment and Labor
Relations Manual (ELM). These ELM revisions conform existing Postal
Service regulations to the requirements of the Debt Collection Act. The
revisions in this document will bring 39 CFR part 966 into accord with
the Postal Service's revised regulations for collecting debts from
former employees by administrative offset. In addition, minor changes
will be made to eliminate outdated provisions and conform these rules
to the existing practice of the Judicial Officer.
The Postal Service published these proposed changes to 39 CFR part
966 on September 4, 2012 (77 FR 53830-34). No comments were received.
The final version of the rule is, accordingly unmodified, with the
exception of minor changes to Sec. 966.9, intended to be clarifying
only.
B. Summary of Changes
Changes to Sec. 966.2(a) cross reference the Postal Service's new
ELM provisions pertaining to administrative offsets and also clarify
that such offsets are taken pursuant to the statutory authority of 31
U.S.C. 3716. Changes to Sec. 966.2(b) clarify that the regulations
contained in 39 CFR part 966 are intended to be consistent with the
Federal Claims Collection Standards promulgated jointly by the
Department of Justice and the Treasury, found at 31 CFR parts 900-904.
Changes to Sec. 966.3 update the definitions of part 966 to refer
to the Postal Service Accounting Service Center (ASC) or successor
installation instead of the area Postmaster/Installation head. The
definition of ``reconsideration'' in paragraph (i) is thus revised to
refer to action taken by the ASC. These changes accurately reflect the
Postal Service's current practices for collecting debts from former
employees, as collections from former employees are normally handled
through the ASC. Definitions are also updated to include the Federal
Claims Collection Standards, referenced elsewhere in the revised
regulations. Changes to paragraph (j) are non-substantive and provide
the parties with useful contact information.
Changes to Sec. 966.4 revise the procedures for filing a petition
for a hearing under part 966. These revisions align these regulations
with the Postal Service's revised ELM regulations pertaining to
collecting debts from former employees by administrative offset, the
Postal Service's current debt collection procedures, and current
practice before the Judicial Officer.
[[Page 65104]]
Paragraphs (a)(2) and (3) are revised to cross reference and
incorporate the Postal Service's ELM provisions, as well as the
relevant section of the Debt Collection Act, that detail the notice and
due process rights former Postal Service employees are afforded prior
to the collection of a debt by administrative offset. Changes to these
paragraphs clarify that a former employee may petition for review under
part 966 either after receiving the required notice and requesting and
receiving a reconsideration determination from the ASC, or after
requesting reconsideration but not receiving a determination within 60
days from the request. Changes to paragraph (b) detail those situations
whereby the Postal Service may take an administrative offset without
affording an opportunity for pre-deprivation review to the former
employee. In accordance with the Judicial Officer's current practice
and applicable law, these changes further clarify that where prior
notice and an opportunity for review are omitted and the circumstances
outlined in revised paragraphs (b)(2), (3) and/or (4) do not apply, the
former employee may submit a petition for review under part 966
following the offset. Changes to paragraph (c) clarify the procedural
time limits for filing a petition for review under revised part 966. In
conformance with revisions made elsewhere to part 966, ``Accounting
Service Center'' is substituted for ``Postmaster/Installation Head'' in
paragraph (d)(4). The remaining revisions to paragraph (d) are intended
to modernize requirements for the content of hearing petitions.
In Sec. 966.6, paragraph (a) is revised to reflect the Recorder's
correct hours, delete the requirement that parties submit documents in
triplicate, and clarify that parties should serve papers directly with
each other unless otherwise directed by the Hearing Official. Paragraph
(c) explicitly requires that parties discuss extensions of time with
the opposing party, as is the current practice. Paragraph (d) clarifies
that the General Counsel may delegate cases to a designee and
establishes a notice of appearance requirement in order to reduce the
possibility of misdirected orders. In addition, paragraph (d) is
revised to allow for non-attorney representatives. In current practice,
former employees are often represented by non-attorneys.
Section 966.7 is revised to simplify the answer's content,
eliminate the need for the Postal Service's representative to provide
certain information prematurely, and require that the answer clearly
explain the basis and calculation of the debt at issue.
Changes to Sec. 966.8(a)(3), (6), and (7) conform the regulations
to the existing practice of the Judicial Officer. Changes to Sec.
966.8(a)(9) similarly reflect the Judicial Officer's existing practice
and provide notice to parties that time extensions will not be
automatically granted.
Changes to Sec. 966.9 update the regulation to reflect the
existing practice of the Judicial Officer pertaining to hearing
transcripts, as well as the Hearing Official's ability, in case of a
party's unexcused absence, to continue with a hearing at the Hearing
Official's discretion. This section is also revised to clarify current
practice pertaining to when a Hearing Official may conduct a hearing,
as opposed to a decision on the record.
Section 966.11 is revised to provide that the Initial Decision of
the presiding Administrative Judge may become the final determination
of the Postal Service without any further order by the Judicial
Officer, so long as no appeal has been filed and the Judicial Officer
has not decided to review the decision on his or her own motion.
Formerly, Sec. 966.12 detailed only circumstances under which the
Petitioner could be found in default and administrative offset could
thus be initiated. As revised, Sec. 966.12 provides for circumstances
under which either party may be found in default. This change is in
accordance with existing practice and decisions of the Judicial
Officer.
Section 966.13 is revised to reflect more accurately the definition
of ``ex parte'' discussions in the context of proceedings brought under
part 966.
Sections 966.5 and 966.10, dealing respectively with the effect of
filing a petition, and the initial decision of the Hearing Official,
are retained without change.
C. Effective Dates and Applicability
These revised rules will begin to govern proceedings under part 966
docketed on or after November 26, 2012.
List of Subjects in 39 CFR Part 966
Administrative practice and procedure, claims, Government
employees, wages.
For the reasons stated in the preamble, the Postal Service amends
39 CFR part 966 as set forth below:
PART 966--RULES OF PRACTICE IN PROCEEDINGS RELATIVE TO
ADMINISTRATIVE OFFSETS INITIATED AGAINST FORMER EMPLOYEES OF THE
POSTAL SERVICE
0
1. The authority citation for 39 CFR part 966 is revised to read as
follows:
Authority: 31 U.S.C. 3716; 39 U.S.C. 204, 401, 2601.
0
2. Section 966.2 is revised to read as follows:
Sec. 966.2 Scope of rules.
(a) The rules in this part apply to any petition filed by a former
postal employee:
(1) To challenge the Postal Service's determination that he or she
is liable to the Postal Service for a debt incurred in connection with
his or her Postal Service employment, that the Postal Service intends
to collect by administrative offset pursuant to the authority of 31
U.S.C. 3716 and in accordance with the regulations contained in the
Employee and Labor Relations Manual, sections 470 and 480; and/or
(2) To challenge the administrative offset schedule proposed by the
Postal Service for collecting any such debt.
(b) The regulations in this part are consistent with the provisions
of the Federal Claims Collection Standards pertaining to administrative
offset.
0
3. Section 966.3 is revised to read as follows:
Sec. 966.3 Definitions.
(a) Accounting Service Center refers to the United States Postal
Service Eagan Accounting Service Center or its successor installation.
(b) Administrative offset 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
satisfy a debt determined to be owed by the former employee to the
Postal Service.
(c) Debt refers to any amount determined by the Postal Service to
be owed to the Postal Service by a former employee.
(d) Federal Claims Collection Standards or FCCS refers to
regulations promulgated by the Department of Justice and the Department
of the Treasury and codified at 31 CFR parts 900 through 904.
(e) Former employee refers to an individual whose employment with
the Postal Service has ceased. An employee is considered formally
separated from the Postal Service rolls as of close of
[[Page 65105]]
business on the effective date of his or her separation.
(f) General Counsel refers to the General Counsel of the Postal
Service, and includes a designated representative.
(g) Hearing Official refers to an Administrative Law Judge
qualified to hear cases under the Administrative Procedure Act, an
Administrative Judge appointed under the Contract Disputes Act of 1978,
or any other qualified person licensed to practice law designated by
the Judicial Officer to preside over a hearing conducted pursuant to
this part.
(h) Judicial Officer refers to the Judicial Officer, Associate
Judicial Officer, or Acting Judicial Officer of the Postal Service.
(i) Reconsideration refers to the review of an alleged debt and/or
the proposed offset schedule conducted by the Accounting Service Center
at the request of a former employee alleged to be indebted to the
Postal Service.
(j) Recorder refers to the Recorder, Judicial Officer Department,
United States Postal Service, 2101 Wilson Boulevard, Suite 600,
Arlington, VA 22201-3078. The recorder's telephone number is (703) 812-
1900, and the Judicial Officer's Web site is https://about.usps.com/who-we-are/judicial/welcome.htm. The fax number is (703) 812-1901.
0
4. Section 966.4 is revised to read as follows:
Sec. 966.4 Petition for a hearing and supplement to petition.
(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 debt and/or the proposed offset schedule has
not been established under part 452.3 or part 462.3 of the Employee &
Labor Relations Manual (ELM);
(2) The former employee has received a Notice from the Accounting
Service Center in compliance with section 472.1 of the ELM and the
administrative offset provisions of the FCCS, informing the former
employee of the debt and an offset schedule to satisfy the debt, the
former employee's rights under 31 U.S.C. 3716(a), the right to request
reconsideration of the debt and/or offset schedule from the Accounting
Service Center, and the right to request review under this part; and
(3) The former employee has requested reconsideration of the Postal
Service's determination of the existence or amount of the alleged debt
and/or the offset schedule proposed by the Postal Service within thirty
(30) calendar days of receiving the notice referenced in paragraph
(a)(2), and either has received a reconsideration determination, or
within sixty (60) calendar days from the reconsideration request has
not received a reconsideration determination.
(b) Notwithstanding the provisions of this part, the Postal Service
may omit the procedures for notice and reconsideration in this part
under certain circumstances as set forth below:
(1) If the Postal Service first learns of the existence of the
amount owed by the former employee when there is insufficient time
before payment would be made to the former employee to allow for prior
notice and an opportunity for review under this part. When prior notice
and an opportunity for review are omitted, the Postal Service will give
the former employee notice and an opportunity for review as soon as
practicable and will promptly refund any money ultimately found not to
have been owed. In such circumstances whereby prior notice and an
opportunity for pre-deprivation review are omitted, the former employee
may submit a petition for review under this part.
(2) If an agency (including the Postal Service) has already given
the former employee any of the required notice and review opportunities
set forth in the FCCS with respect to a particular debt. In such a
situation, the Postal Service need not duplicate such notice and review
opportunities before taking an administrative offset.
(3) If a former bargaining unit employee of the Postal Service
pursues, in accordance with the applicable provisions of his or her
CBA, a grievance concerning the Postal Service's claim, including, but
not limited to, the existence of a debt owed to the Postal Service, the
amount of such debt, and/or the proposed repayment schedule, and none
of the circumstances set forth in ELM section 483.1 apply;
(4) If otherwise allowed by law, including, but not limited to, the
administrative offset provisions of the FCCS.
(c) Within thirty (30) calendar days after the date of receipt of
the Accounting Service Center's decision upon reconsideration, after
the expiration of sixty (60) calendar days after a request for
reconsideration where a reconsideration determination is not made, or
following an administrative offset taken without prior notice and
opportunity for reconsideration pursuant to paragraph (b)(1) of this
section, the former employee must file a written, signed petition,
requesting a written or oral hearing, with the Recorder, Judicial
Officer Department, United States Postal Service, 2101 Wilson
Boulevard, Suite 600, Arlington, VA 22201-3078.
(d) The petition must include the following:
(1) The words, ``Petition for Review Under 39 CFR Part 966'';
(2) The former employee's name;
(3) The former employee's home address, email address (if
available), and telephone number, and any other address and telephone
number at which the former employee may be contacted about these
proceedings;
(4) A statement of the date the former employee received the
Accounting Service Center's decision upon reconsideration of the
alleged debt and a copy of the decision;
(5) A statement of the grounds upon which the former employee
objects to the Postal Service's determination of the debt or to the
administrative offset schedule proposed by the Postal Service for
collecting any such debt. This statement should identify with
reasonable specificity and brevity the facts, evidence, and legal
arguments, if any, which support the former employee's position; and
(6) Copies of all records in the former employee's possession which
relate to the debt and which the former employee may enter into the
record of the hearing.
(e) The former employee may, if necessary, file with the Recorder
additional information as a supplement to the petition at any time
prior to the filing of the answer to the petition under Sec. 966.7, or
at such later time as permitted by the Hearing Official upon a showing
of good cause.
0
5. Section 966.6 is revised to read as follows:
Sec. 966.6 Filing, docketing and serving documents; computation of
time; representation of parties.
(a) Filing. All documents required under this part must be filed by
the former employee or the General Counsel with the Recorder. (The
Recorder's normal business hours are between 8:45 a.m. and 4:45 p.m.,
eastern standard or daylight saving time as appropriate during the
year.) Unless otherwise directed by the Hearing Official, the party
filing any document shall send a copy thereof to the opposing party.
(b) Docketing. The Recorder will maintain a docket record of
proceedings under this part and will assign each petition a docket
number. After notification of the docket number, the former employee
and General Counsel should refer to it on any further filings regarding
the petition.
[[Page 65106]]
(c) Time computation. A filing period under the rules in this part
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 event the period runs until the close of business on the next
business day. Requests for extensions of time shall be made in writing
stating good cause therefor, shall represent that the moving party has
contacted the opposing party about the request, or made reasonable
efforts to do so, and shall indicate whether the opposing party
consents to the extension.
(d) Representation of parties. After the filing of the petition,
further document transmittals for, or communications with, the Postal
Service shall be through its representative, the General Counsel, or
designee. The representative of the Postal Service, as designated by
the General Counsel, shall file a notice of appearance as soon as
practicable, and no later than the date for filing the answer. If a
former employee has a representative, further transmissions of
documents and other communications by and with the former employee
shall be made through his or her representative rather than directly
with the former employee.
0
6. Section 966.7 is revised to read as follows:
Sec. 966.7 Answer to petition.
Within thirty (30) days 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 Postal
Service's claim, or the administrative offset schedule proposed by the
Postal Service for collecting any such claim. The answer shall provide
a clear and detailed description of the basis for the Postal Service's
determination of the alleged debt and its calculation of the amount of
the alleged debt and/or its proposed offset schedule, as appropriate.
0
7. Section 966.8 is revised to read as follows:
Sec. 966.8 Authority and responsibilities of Hearing Official 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 all offers, motions, or requests by the parties;
(2) Issuing any notices, orders, or memoranda to the parties
concerning the hearing procedures;
(3) Conducting telephone conferences with the parties to expedite
the proceedings (a memorandum of a telephone conference will be
transmitted to both parties). The Hearing Official's Memorandum of
Telephone Conference serves as the official record of that conference;
(4) Determining if an oral hearing is necessary, the type of oral
hearing that would be appropriate, and setting the place, date, and
time for such hearing;
(5) Administering oaths or affirmations to witnesses;
(6) Conducting the hearing in a manner to maintain discipline and
decorum while assuring that relevant, reliable, and probative evidence
is elicited on the disputed issues, and that irrelevant, immaterial, or
repetitious evidence is excluded. The Hearing Official in his or her
discretion may examine witnesses to ensure that a satisfactory record
is developed;
(7) Establishing the record in the case. Except as the Hearing
Official may otherwise order in his or her discretion, no proof shall
be received in evidence after completion of an oral hearing or, in
cases submitted on the written record, after notification by the
Hearing Official that the case is ready for decision. The weight to be
attached to any evidence of record will rest within the sound
discretion of the Hearing Official. The Hearing Official may require
either party, with appropriate notice to the other party, to submit
additional evidence on any relevant matter;
(8) Issuing an initial decision or one on remand; and
(9) Granting reasonable time extensions or other relief for good
cause shown.
(b) The Judicial Officer, in addition to possessing such authority
as is described elsewhere in this part, shall possess all of the
authority and responsibilities of a Hearing Official.
0
8. Section 966.9 is revised to read as follows:
Sec. 966.9 Opportunity for oral hearing.
An oral hearing shall be held in the sole discretion of the Hearing
Official. An oral hearing includes an in-person hearing, a telephonic
hearing, or a hearing by video conference. When the Hearing Official
determines that an oral hearing shall not be conducted, the decision
shall be based solely on written submissions. The Hearing Official
shall arrange for the recording and transcription of an oral hearing,
which shall serve as the official record of the hearing. The unexcused
absence of a party at the time and place set for hearing may not be
occasion for delay at the discretion of the Hearing Official. In the
event of such absence, the hearing may proceed without the
participation of the absent party.
0
9. Section 966.11 is revised to read as follows:
Sec. 966.11 Appeal.
The initial or tentative decision will become the final agency
decision thirty (30) days after its issuance unless, before the
expiration of that time, a party files an appeal with the Judicial
Officer, or the Judicial Officer, in his or her sole discretion, elects
to conduct a review of the decision on his or her own initiative.
During such review or appeal consideration, the Judicial Officer will
accept all findings of fact in the original decision unless clearly
erroneous. If following appeal or review, the Judicial Officer affirms
the original decision, that decision becomes the final agency decision
with no further right of appeal within the agency.
0
10. Section 966.12 is revised to read as follows:
Sec. 966.12 Waiver of rights.
(a) The Hearing Official may determine that the former employee has
waived the right to a hearing, and that administrative offset may be
initiated if the former employee files a petition for hearing after the
period prescribed in these Rules and fails to demonstrate to the
satisfaction of the Hearing Official good cause for the delay; or has
filed a withdrawal of the former employee's previous petition for a
hearing.
(b) The Hearing Official may determine that the Postal Service has
waived the alleged debt at issue, and that the administrative offset
may not be initiated if the Postal Service fails to file the answer
within the period prescribed by the Rules and fails to demonstrate to
the satisfaction of the Hearing Official good cause for the delay; or
has filed a withdrawal of the debt determination at issue.
(c) In addition, whenever a record discloses the failure of either
party to file documents required by these rules, respond to notices or
correspondence from the Hearing Official, comply with orders of the
Hearing Official, participate in conferences, fail to treat the
proceedings with the proper decorum, or otherwise indicate an intention
not to continue the prosecution or defense of a petition, the Hearing
Official may issue an order requiring the offending party to show cause
why the petition should not be dismissed or granted, as appropriate. If
the offending party shall fail to show cause, the Hearing Official may
take such action as he or she deems reasonable and proper under the
circumstances, including dismissal or granting of the petition as
appropriate.
[[Page 65107]]
0
11. Section 966.13 is revised to read as follows:
Sec. 966.13 Ex parte communications.
Ex parte communications are not allowed between a party and the
Hearing Official or the Official's staff. For these purposes, ex parte
communication means an oral or written communication, not on the public
record, with one party only with respect to which reasonable prior
notice to all parties is not given, but it shall not include requests
for status reports or procedural matters. A memorandum of any
communication between the Hearing Official and a party will be
transmitted to both parties.
Stanley F. Mires,
Attorney, Legal Policy & Legislative Advice.
[FR Doc. 2012-26248 Filed 10-24-12; 8:45 am]
BILLING CODE 7710-12-P
