Rules of Practice in Proceedings Relative to Debarment From Contracting, 37565-37567 [2015-16143]
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Federal Register / Vol. 80, No. 126 / Wednesday, July 1, 2015 / Proposed Rules
[FR Doc. 2015–16258 Filed 6–30–15; 8:45 am]
completely replace and supersede the
prior rules.
DATES: Comments must be received on
or before July 31, 2015.
ADDRESSES: Judicial Officer Department,
United States Postal Service, 2101
Wilson Boulevard, Suite 600, Arlington,
VA 22201–3078.
FOR FURTHER INFORMATION CONTACT:
Associate Judicial Officer Gary E.
Shapiro, (703) 812–1910.
SUPPLEMENTARY INFORMATION: The rules
governing the Judicial Officer’s role
regarding Postal Service debarments are
set forth in 39 CFR part 957. The
proposed rules would completely
replace the former rules of this part.
In 2007, the Postal Service changed its
procurement regulations regarding
suspension and debarment from
contracting. See 72 FR 58252 (October
15, 2007). Whereas prior to that change,
the Judicial Officer conducted hearings
and rendered final agency decisions
regarding suspension and debarment
from contracting, the revised
procurement regulations at 39 CFR
601.113 eliminated any role of the
Judicial Officer from suspensions, and
reserved final agency action regarding
debarments to the Vice President,
Supply Management. The remaining
role of the Judicial Officer relative to
debarment from contracting is set forth
in paragraphs (g)(2) and (h)(2) of
§ 601.113. Those paragraphs provide
that the Vice President, Supply
Management, may request the Judicial
Officer to conduct fact-finding hearings
to resolve questions of material facts
involving a debarment, and will
consider those findings when deciding
the matter. Under paragraph (h)(2) of
§ 601.113, fact-finding hearings will be
governed by rules of procedure
promulgated by the Judicial Officer.
These rules of procedure satisfy that
requirement.
BILLING CODE 9110–04–P
List of Subjects in 39 CFR Part 957
POSTAL SERVICE
Administrative practice and
procedure, Government contracts.
Accordingly, for the reasons stated,
the Postal Service proposes to revise 39
CFR part 957 to read as follows:
undesignated center heading Eighth
Coast Guard District, to read as follows:
§ 165.T08–0332 Safety Zone; Allegheny
River between mile 0.0 and 1.4; Pittsburgh,
PA.
(a) Locations. The following area is a
temporary safety zone: All waters on the
Allegheny River mile 0.0 to mile 1.4.
(b) Effective date and time. The safety
zone listed in section (a) is effective
from 5:45 a.m. to 8:45 a.m. on August
8, 2015 and August 9, 2015.
(c) Regulations. (1) In accordance with
the general regulations in § 165.23 of
this part, entry into this area is
prohibited unless authorized by the
Captain of the Port (COTP) Pittsburgh or
a designated representative.
(2) Spectator vessels may safely
transit outside the safety zones at a
minimum safe speed, but may not
anchor, block, loiter, or impede
participants or official patrol vessels.
(3) Vessels requiring entry into or
passage through the safety zones must
request permission from the COTP
Pittsburgh or a designated
representative. They may be contacted
by telephone at (412) 412–0807.
(4) All vessels shall comply with the
instructions of the COTP Pittsburgh and
designated personnel. Designated
personnel include commissioned,
warrant, and petty officers of the U.S.
Coast Guard.
(d) Informational Broadcasts: The
Captain of the Port, Pittsburgh or a
designated representative will inform
the public through broadcast notices to
mariners (BNM) of the effective period
for the safety zone and of any changes
in the effective period, enforcement
times, or size of the safety zones.
Dated: June 10, 2015.
L. N. Weaver,
Commander, U.S. Coast Guard, Captain of
the Port Pittsburgh.
39 CFR Part 957
Rules of Practice in Proceedings
Relative to Debarment From
Contracting
PART 957—RULES OF PRACTICE IN
PROCEEDINGS RELATIVE TO
DEBARMENT FROM CONTRACTING
Postal Service.
Proposed rule.
tkelley on DSK3SPTVN1PROD with PROPOSALS
AGENCY:
ACTION:
This document requests
comments regarding a revision of the
rules for proceedings in which the
Judicial Officer Department conducts
fact-finding relative to debarments. The
revised rules of procedure would
SUMMARY:
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Sec.
957.1
957.2
957.3
957.4
957.5
957.6
957.7
957.8
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Authority for rules.
Scope of rules.
Definitions.
Authority of the Hearing Officer.
Case initiation.
Filing documents for the record.
Failure to appear at the hearing.
Hearings.
Frm 00011
Fmt 4702
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37565
957.9 Appearances.
957.10 Conduct of the hearing.
957.11 Witness fees.
957.12 Transcript.
957.13 Proposed findings of fact.
957.14 Findings of fact.
957.15 Computation of time.
957.16 Official record.
957.17 Public information.
957.18 Ex parte communications.
Authority: 39 U.S.C. 204, 401.
§ 957.1
Authority for rules.
The rules in this part are issued by the
Judicial Officer of the Postal Service
pursuant to authority delegated by the
Postmaster General (39 U.S.C. 204, 401).
§ 957.2
Scope of rules.
The rules in this part apply to
proceedings initiated pursuant to
paragraphs (g)(2) or (h)(2) of § 601.113 of
this chapter.
§ 957.3
Definitions.
(a) Vice President means the Vice
President, Supply Management, or the
Vice President’s representative for the
purpose of carrying out the provisions
of § 601.113 of this chapter.
(b) General Counsel includes the
Postal Service’s General Counsel and
any designated representative within
the Office of the General Counsel.
(c) Judicial Officer includes the Postal
Service’s Judicial Officer, Associate
Judicial Officer, and Acting Judicial
Officer.
(d) Debarment has the meaning given
by paragraph (b)(2) of § 601.113 of this
chapter.
(e) Respondent means any individual,
firm or other entity which has been
served a written notice of proposed
debarment pursuant to paragraph (h), or
which previously has been debarred, as
provided in paragraph (g)(2) of
§ 601.113 of this chapter.
(f) Hearing Officer means the judge
assigned to the case by the Judicial
Officer. The Hearing Officer may be the
Judicial Officer, Associate Judicial
Officer, Administrative Law Judge or an
Administrative Judge who is a member
of the Postal Service Board of Contract
Appeals.
(g) Recorder means the Recorder of
the Judicial Officer Department of the
United States Postal Service, 2101
Wilson Boulevard, Suite 600, Arlington,
VA 22201–3078. The Recorder’s
telephone number is (703) 812–1900,
fax number is (703) 812–1901, and the
Judicial Officer’s Web site is https://
www.about.usps.com/who-we-are/
judicial/welcome.htm.
§ 957.4
Authority of the Hearing Officer.
The Hearing Officer’s authority
includes, but is not limited to, the
following:
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Federal Register / Vol. 80, No. 126 / Wednesday, July 1, 2015 / Proposed Rules
(a) Ruling on all motions or requests
by the parties.
(b) Issuing notices, orders or
memoranda to the parties concerning
the hearing proceedings.
(c) Conducting conferences with the
parties. The Hearing Officer will prepare
a Memorandum of Conference, which
will be transmitted to both parties and
which serves as the official record of
that conference.
(d) Determining whether an oral
hearing will be conducted, and setting
the place, date, and time for such a
hearing.
(e) Administering oaths or
affirmations to witnesses.
(f) Conducting the proceedings and
the hearing in a manner to maintain
discipline and decorum while ensuring
that relevant, reliable and probative
evidence is elicited, but irrelevant,
immaterial or repetitious evidence is
excluded. The Hearing Officer in his or
her discretion may examine witnesses to
ensure that a satisfactory record is
developed.
(g) Establishing the record. The
weight to be attached to evidence will
rest within the discretion of the Hearing
Officer. Except as the Hearing Officer
may otherwise order, no proof shall be
received in evidence after completion of
a hearing. The Hearing Officer may
require either party, with appropriate
notice to the other party, to submit
additional evidence on any relevant
matter.
(h) Granting reasonable time
extensions or other relief for good cause
shown, in the Hearing Officer’s sole
discretion.
(i) Issuing findings of fact. The
Hearing Officer will issue findings of
fact to the Vice President within 30 days
from the close of the record, to the
extent practicable.
tkelley on DSK3SPTVN1PROD with PROPOSALS
§ 957.5
Case initiation.
(a) Upon receipt of a request or
referral from the Vice President, the
Recorder will docket a case under this
Part. Following docketing, the Judicial
Officer will assign a Hearing Officer.
The Hearing Officer will establish the
schedule for the proceeding, perform all
judicial duties under this Part and
render Findings of Fact. Whenever
practicable, a hearing should be
conducted within 30 days of the date of
docketing.
(b) The request or referral from the
Vice President shall include the notice
of proposed debarment and the
information or argument submitted by
the Respondent pursuant to paragraphs
(g) or (h) of § 601.113 of this chapter.
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§ 957.6
Filing documents for the record.
The parties shall file documents,
permitted by the rules in this part or
required by the Hearing Officer, in the
Judicial Officer Department’s electronic
filing system. The Web site for
electronic filing is https://
uspsjoe.justware.com/justiceweb.
Documents submitted using that system
are considered filed as of the date and
time (Eastern Time) reflected in the
system. Orders issued by the Hearing
Officer shall be considered received by
the parties on the date posted to the
electronic filing system.
§ 957.7
Failure to appear at the hearing.
If a party fails to appear at the
hearing, the Hearing Officer may
proceed with the hearing, receive
evidence and issue findings of fact
without requirement of further notice to
the absent party.
§ 957.8
Hearings.
Hearings ordinarily will be conducted
in the Judicial Officer Department
courtroom at 2101 Wilson Boulevard,
Suite 600, Arlington, VA 22201–3078.
However, the Hearing Officer, in his or
her discretion, may order the hearing to
be conducted at another location, or by
another means such as by video.
§ 957.9
Appearances.
(a) An individual Respondent may
appear in his or her own behalf, a
corporation may appear by an officer
thereof, a partnership or joint venture
may appear by a member thereof, or any
of these may appear by a licensed
attorney.
(b) After a request for a hearing has
been filed pursuant to the rules in this
part, the General Counsel shall
designate a licensed attorney as counsel
assigned to handle the case.
(c) All counsel, or a self-represented
Respondent, shall register in the
electronic filing system, and request to
be added to the case. Counsel also
promptly shall file notices of
appearance.
(d) An attorney for any party who has
filed a notice of appearance and who
wishes to withdraw must file a motion
requesting withdrawal, explaining the
reasons supporting the motion, and
identifying the name, email address,
mailing address, telephone number, and
fax number of the person who will
assume responsibility for representation
of the party in question.
§ 957.10
Conduct of the hearing.
The Hearing Officer may approve or
disapprove witnesses in his or her
discretion. All testimony will be taken
under oath or affirmation, and subject to
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cross-examination. The Hearing Officer
may exclude evidence to avoid unfair
prejudice, confusion of the issues,
undue delay, waste of time, or
presentation of irrelevant, immaterial or
cumulative evidence. Although the
Hearing Officer will consider the
Federal Rules of Evidence for guidance
regarding admissibility of evidence and
other evidentiary issues, he or she is not
bound by those rules. The weight to be
attached to evidence presented in any
particular form will be within the
discretion of the Hearing Officer, taking
into consideration all the circumstances
of the particular case. Stipulations of
fact agreed upon by the parties may be
accepted as evidence at the hearing. The
parties may stipulate the testimony that
would be given by a witness if the
witness were present. The Hearing
Officer may in any case require
evidence in addition to that offered by
the parties. A party requiring the use of
a foreign language interpreter allowing
testimony to be taken in English for
itself or witnesses it proffers is
responsible for making all necessary
arrangements and paying all costs and
expenses associated with the use of an
interpreter.
§ 957.11
Witness fees.
Each party is responsible for the fees
and costs for its own witnesses.
§ 957.12
Transcript.
Testimony and argument at hearings
shall be reported verbatim, unless the
Hearing Officer otherwise orders.
Transcripts of the proceedings will be
made available or provided to the
parties.
§ 957.13
Proposed findings of fact.
(a) The Hearing Officer may direct the
parties to submit proposed findings of
fact and supporting explanations within
15 days after the delivery of the official
transcript to the Recorder who shall
notify both parties of the date of its
receipt. The filing date for proposed
findings shall be the same for both
parties.
(b) Proposed findings of fact shall be
set forth in numbered paragraphs and
shall state with particularity all
evidentiary facts in the record with
appropriate citations to the transcript or
exhibits supporting the proposed
findings.
§ 957.14
Findings of fact.
The Hearing Officer shall issue
written findings of fact, and transmit
them to the Vice President. Copies will
be sent to the parties.
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Federal Register / Vol. 80, No. 126 / Wednesday, July 1, 2015 / Proposed Rules
§ 957.15
Computation of time.
A. Background
A designated period of time 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.
§ 957.16
Official record.
The transcript of testimony together
with all pleadings, orders, exhibits,
briefs, and other documents filed in the
proceeding shall constitute the official
record of the proceeding.
§ 957.17
Public information.
The Postal Service shall maintain for
public inspection copies of all findings
of fact issued under this Part, and make
them available through the Postal
Service Web site. The Recorder
maintains the complete official record of
every proceeding.
§ 957.18
Ex parte communications.
The provisions of 5 U.S.C. 551(14),
556(d), and 557(d) prohibiting ex parte
communications are made applicable to
proceedings under these rules of
practice.
Stanley F. Mires,
Attorney, Federal Compliance.
BILLING CODE 7710–12–P
POSTAL SERVICE
39 CFR Parts 961, 966
Rules of Practice Before the Judicial
Officer
ACTION:
Postal Service.
Proposed rule.
This document proposes to
amend the rules of practice prescribed
by the Judicial Officer relative to debt
collection proceedings against current
and former postal employees. These
amendments are necessary to
implement a new electronic filing
system.
SUMMARY:
Comments must be received on
or before July 31, 2015.
tkelley on DSK3SPTVN1PROD with PROPOSALS
DATES:
Postal Service Judicial
Officer Department, 2101 Wilson
Boulevard, Suite 600, Arlington, VA
22201–3078.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Associate Judicial Officer Gary E.
Shapiro, (703) 812–1910.
SUPPLEMENTARY INFORMATION:
VerDate Sep<11>2014
18:04 Jun 30, 2015
Jkt 235001
Amendments to 39 CFR Part 961
In § 961.4, concerning filing a
petition:
• Paragraph (a) is amended to identify
the internet address for the electronic
filing system.
• Paragraph (b) is amended to
indicate that a sample petition is
available through the electronic filing
system.
In § 961.6, concerning the filing,
docketing and serving of documents,
paragraph (a) is amended to indicate
when documents submitted by parties
are considered received, and to indicate
when service of documents on the
opposing party is required for purposes
of the electronic filing system.
In § 966.4, concerning filing a
petition:
• Paragraph (c) is amended to identify
the internet address for the electronic
filing system.
• Paragraph (d) is amended to
indicate that a sample petition is
available through the electronic filing
system.
In § 966.6, concerning the filing,
docketing and serving of documents,
paragraph (a) is amended to indicate
when documents submitted by parties
are considered received, and to indicate
when service of documents on the
opposing party is required for purposes
of the electronic filing system.
List of Subjects
39 CFR Part 961
Claims, Government employees,
Wages.
39 CFR Part 966
Administrative practice and
procedure, Claims, Government
employees, Wages.
Accordingly, for the reasons stated,
the Postal Service proposes to amend 39
CFR parts 961 and 966 as follows:
PO 00000
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PART 961—RULES OF PRACTICE IN
PROCEEDINGS UNDER SECTION 5 OF
THE DEBT COLLECTION ACT
1. The authority citation for 39 CFR
part 961 continues to read as follows:
■
Authority: 39 U.S.C. 204, 401; 5 U.S.C.
5514.
2. In § 961.4, revise the first sentence
of paragraph (a), and add a sentence at
the beginning of paragraph (b) to read as
follows:
■
§ 961.4
B. Explanation of Changes
Amendments to 39 CFR Part 966
[FR Doc. 2015–16143 Filed 6–30–15; 8:45 am]
AGENCY:
The Judicial Officer Department
recently implemented an electronic
filing system. Changes to the rules of
practice concerning debt collection
proceedings against current and former
postal employees (39 CFR parts 961 and
966, respectively) are necessary to
accommodate the new system, and to
establish rules relative to that system.
No other changes to the rules are
proposed.
37567
Employee petition for a hearing.
(a) If an employee desires a hearing,
prescribed by section 5 of the Debt
Collection Act, to challenge the Postal
Service’s determination of the existence
or amount of a debt, or to challenge the
involuntary repayment terms proposed
by the Postal Service, the employee
must file a written petition
electronically at https://
uspsjoe.justware.com/justiceweb, or by
mail at Recorder, Judicial Officer
Department, United States Postal
Service, 2101 Wilson Blvd., Suite 600,
Arlington, VA 22201–3078, on or before
the fifteenth (15th) calendar day
following the receipt of the Postal
Service’s ‘‘Notice of Involuntary
Administrative Salary Offsets Under the
Debt Collection Act.’’ * * *
(b) A sample petition is available
through the Judicial Officer Electronic
Filing Web site (https://
uspsjoe.justware.com/justiceweb).* * *
*
*
*
*
*
■ 3. Revise paragraph (a) of § 961.6 to
read as follows:
§ 961.6 Filing, docketing and serving
documents; computation of time;
representation of parties.
(a) Filing. After a petition is filed, all
documents relating to the Debt
Collection Act hearing proceedings
must be filed using the electronic filing
system unless the Hearing Official
permits otherwise. Documents
submitted using the electronic filing
system are considered filed as of the
date/time (Eastern Time) reflected in the
system. Documents mailed to the
Recorder are considered filed on the
date mailed as evidenced by a United
States Postal Service postmark. Filings
by any other means are considered filed
upon receipt by the Recorder of a
complete copy of the filing during
normal business hours (Normal
Recorder office business hours are
between 8:45 a.m. and 4:45 p.m.,
Eastern Time). If both parties are
participating via the electronic filing
system, separate service upon the
opposing party is not required.
Otherwise, documents shall be served
personally or by mail on the opposing
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]]>Agencies
[Federal Register Volume 80, Number 126 (Wednesday, July 1, 2015)]
[Proposed Rules]
[Pages 37565-37567]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-16143]
=======================================================================
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POSTAL SERVICE
39 CFR Part 957
Rules of Practice in Proceedings Relative to Debarment From
Contracting
AGENCY: Postal Service.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: This document requests comments regarding a revision of the
rules for proceedings in which the Judicial Officer Department conducts
fact-finding relative to debarments. The revised rules of procedure
would completely replace and supersede the prior rules.
DATES: Comments must be received on or before July 31, 2015.
ADDRESSES: Judicial Officer Department, United States Postal Service,
2101 Wilson Boulevard, Suite 600, Arlington, VA 22201-3078.
FOR FURTHER INFORMATION CONTACT: Associate Judicial Officer Gary E.
Shapiro, (703) 812-1910.
SUPPLEMENTARY INFORMATION: The rules governing the Judicial Officer's
role regarding Postal Service debarments are set forth in 39 CFR part
957. The proposed rules would completely replace the former rules of
this part.
In 2007, the Postal Service changed its procurement regulations
regarding suspension and debarment from contracting. See 72 FR 58252
(October 15, 2007). Whereas prior to that change, the Judicial Officer
conducted hearings and rendered final agency decisions regarding
suspension and debarment from contracting, the revised procurement
regulations at 39 CFR 601.113 eliminated any role of the Judicial
Officer from suspensions, and reserved final agency action regarding
debarments to the Vice President, Supply Management. The remaining role
of the Judicial Officer relative to debarment from contracting is set
forth in paragraphs (g)(2) and (h)(2) of Sec. 601.113. Those
paragraphs provide that the Vice President, Supply Management, may
request the Judicial Officer to conduct fact-finding hearings to
resolve questions of material facts involving a debarment, and will
consider those findings when deciding the matter. Under paragraph
(h)(2) of Sec. 601.113, fact-finding hearings will be governed by
rules of procedure promulgated by the Judicial Officer. These rules of
procedure satisfy that requirement.
List of Subjects in 39 CFR Part 957
Administrative practice and procedure, Government contracts.
Accordingly, for the reasons stated, the Postal Service proposes to
revise 39 CFR part 957 to read as follows:
PART 957--RULES OF PRACTICE IN PROCEEDINGS RELATIVE TO DEBARMENT
FROM CONTRACTING
Sec.
957.1 Authority for rules.
957.2 Scope of rules.
957.3 Definitions.
957.4 Authority of the Hearing Officer.
957.5 Case initiation.
957.6 Filing documents for the record.
957.7 Failure to appear at the hearing.
957.8 Hearings.
957.9 Appearances.
957.10 Conduct of the hearing.
957.11 Witness fees.
957.12 Transcript.
957.13 Proposed findings of fact.
957.14 Findings of fact.
957.15 Computation of time.
957.16 Official record.
957.17 Public information.
957.18 Ex parte communications.
Authority: 39 U.S.C. 204, 401.
Sec. 957.1 Authority for rules.
The rules in this part are issued by the Judicial Officer of the
Postal Service pursuant to authority delegated by the Postmaster
General (39 U.S.C. 204, 401).
Sec. 957.2 Scope of rules.
The rules in this part apply to proceedings initiated pursuant to
paragraphs (g)(2) or (h)(2) of Sec. 601.113 of this chapter.
Sec. 957.3 Definitions.
(a) Vice President means the Vice President, Supply Management, or
the Vice President's representative for the purpose of carrying out the
provisions of Sec. 601.113 of this chapter.
(b) General Counsel includes the Postal Service's General Counsel
and any designated representative within the Office of the General
Counsel.
(c) Judicial Officer includes the Postal Service's Judicial
Officer, Associate Judicial Officer, and Acting Judicial Officer.
(d) Debarment has the meaning given by paragraph (b)(2) of Sec.
601.113 of this chapter.
(e) Respondent means any individual, firm or other entity which has
been served a written notice of proposed debarment pursuant to
paragraph (h), or which previously has been debarred, as provided in
paragraph (g)(2) of Sec. 601.113 of this chapter.
(f) Hearing Officer means the judge assigned to the case by the
Judicial Officer. The Hearing Officer may be the Judicial Officer,
Associate Judicial Officer, Administrative Law Judge or an
Administrative Judge who is a member of the Postal Service Board of
Contract Appeals.
(g) Recorder means the Recorder of the Judicial Officer Department
of the United States Postal Service, 2101 Wilson Boulevard, Suite 600,
Arlington, VA 22201-3078. The Recorder's telephone number is (703) 812-
1900, fax number is (703) 812-1901, and the Judicial Officer's Web site
is https://www.about.usps.com/who-we-are/judicial/welcome.htm.
Sec. 957.4 Authority of the Hearing Officer.
The Hearing Officer's authority includes, but is not limited to,
the following:
[[Page 37566]]
(a) Ruling on all motions or requests by the parties.
(b) Issuing notices, orders or memoranda to the parties concerning
the hearing proceedings.
(c) Conducting conferences with the parties. The Hearing Officer
will prepare a Memorandum of Conference, which will be transmitted to
both parties and which serves as the official record of that
conference.
(d) Determining whether an oral hearing will be conducted, and
setting the place, date, and time for such a hearing.
(e) Administering oaths or affirmations to witnesses.
(f) Conducting the proceedings and the hearing in a manner to
maintain discipline and decorum while ensuring that relevant, reliable
and probative evidence is elicited, but irrelevant, immaterial or
repetitious evidence is excluded. The Hearing Officer in his or her
discretion may examine witnesses to ensure that a satisfactory record
is developed.
(g) Establishing the record. The weight to be attached to evidence
will rest within the discretion of the Hearing Officer. Except as the
Hearing Officer may otherwise order, no proof shall be received in
evidence after completion of a hearing. The Hearing Officer may require
either party, with appropriate notice to the other party, to submit
additional evidence on any relevant matter.
(h) Granting reasonable time extensions or other relief for good
cause shown, in the Hearing Officer's sole discretion.
(i) Issuing findings of fact. The Hearing Officer will issue
findings of fact to the Vice President within 30 days from the close of
the record, to the extent practicable.
Sec. 957.5 Case initiation.
(a) Upon receipt of a request or referral from the Vice President,
the Recorder will docket a case under this Part. Following docketing,
the Judicial Officer will assign a Hearing Officer. The Hearing Officer
will establish the schedule for the proceeding, perform all judicial
duties under this Part and render Findings of Fact. Whenever
practicable, a hearing should be conducted within 30 days of the date
of docketing.
(b) The request or referral from the Vice President shall include
the notice of proposed debarment and the information or argument
submitted by the Respondent pursuant to paragraphs (g) or (h) of Sec.
601.113 of this chapter.
Sec. 957.6 Filing documents for the record.
The parties shall file documents, permitted by the rules in this
part or required by the Hearing Officer, in the Judicial Officer
Department's electronic filing system. The Web site for electronic
filing is https://uspsjoe.justware.com/justiceweb. Documents submitted
using that system are considered filed as of the date and time (Eastern
Time) reflected in the system. Orders issued by the Hearing Officer
shall be considered received by the parties on the date posted to the
electronic filing system.
Sec. 957.7 Failure to appear at the hearing.
If a party fails to appear at the hearing, the Hearing Officer may
proceed with the hearing, receive evidence and issue findings of fact
without requirement of further notice to the absent party.
Sec. 957.8 Hearings.
Hearings ordinarily will be conducted in the Judicial Officer
Department courtroom at 2101 Wilson Boulevard, Suite 600, Arlington, VA
22201-3078. However, the Hearing Officer, in his or her discretion, may
order the hearing to be conducted at another location, or by another
means such as by video.
Sec. 957.9 Appearances.
(a) An individual Respondent may appear in his or her own behalf, a
corporation may appear by an officer thereof, a partnership or joint
venture may appear by a member thereof, or any of these may appear by a
licensed attorney.
(b) After a request for a hearing has been filed pursuant to the
rules in this part, the General Counsel shall designate a licensed
attorney as counsel assigned to handle the case.
(c) All counsel, or a self-represented Respondent, shall register
in the electronic filing system, and request to be added to the case.
Counsel also promptly shall file notices of appearance.
(d) An attorney for any party who has filed a notice of appearance
and who wishes to withdraw must file a motion requesting withdrawal,
explaining the reasons supporting the motion, and identifying the name,
email address, mailing address, telephone number, and fax number of the
person who will assume responsibility for representation of the party
in question.
Sec. 957.10 Conduct of the hearing.
The Hearing Officer may approve or disapprove witnesses in his or
her discretion. All testimony will be taken under oath or affirmation,
and subject to cross-examination. The Hearing Officer may exclude
evidence to avoid unfair prejudice, confusion of the issues, undue
delay, waste of time, or presentation of irrelevant, immaterial or
cumulative evidence. Although the Hearing Officer will consider the
Federal Rules of Evidence for guidance regarding admissibility of
evidence and other evidentiary issues, he or she is not bound by those
rules. The weight to be attached to evidence presented in any
particular form will be within the discretion of the Hearing Officer,
taking into consideration all the circumstances of the particular case.
Stipulations of fact agreed upon by the parties may be accepted as
evidence at the hearing. The parties may stipulate the testimony that
would be given by a witness if the witness were present. The Hearing
Officer may in any case require evidence in addition to that offered by
the parties. A party requiring the use of a foreign language
interpreter allowing testimony to be taken in English for itself or
witnesses it proffers is responsible for making all necessary
arrangements and paying all costs and expenses associated with the use
of an interpreter.
Sec. 957.11 Witness fees.
Each party is responsible for the fees and costs for its own
witnesses.
Sec. 957.12 Transcript.
Testimony and argument at hearings shall be reported verbatim,
unless the Hearing Officer otherwise orders. Transcripts of the
proceedings will be made available or provided to the parties.
Sec. 957.13 Proposed findings of fact.
(a) The Hearing Officer may direct the parties to submit proposed
findings of fact and supporting explanations within 15 days after the
delivery of the official transcript to the Recorder who shall notify
both parties of the date of its receipt. The filing date for proposed
findings shall be the same for both parties.
(b) Proposed findings of fact shall be set forth in numbered
paragraphs and shall state with particularity all evidentiary facts in
the record with appropriate citations to the transcript or exhibits
supporting the proposed findings.
Sec. 957.14 Findings of fact.
The Hearing Officer shall issue written findings of fact, and
transmit them to the Vice President. Copies will be sent to the
parties.
[[Page 37567]]
Sec. 957.15 Computation of time.
A designated period of time 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.
Sec. 957.16 Official record.
The transcript of testimony together with all pleadings, orders,
exhibits, briefs, and other documents filed in the proceeding shall
constitute the official record of the proceeding.
Sec. 957.17 Public information.
The Postal Service shall maintain for public inspection copies of
all findings of fact issued under this Part, and make them available
through the Postal Service Web site. The Recorder maintains the
complete official record of every proceeding.
Sec. 957.18 Ex parte communications.
The provisions of 5 U.S.C. 551(14), 556(d), and 557(d) prohibiting
ex parte communications are made applicable to proceedings under these
rules of practice.
Stanley F. Mires,
Attorney, Federal Compliance.
[FR Doc. 2015-16143 Filed 6-30-15; 8:45 am]
BILLING CODE 7710-12-P
