Rules of Practice Before the Judicial Officer, 55766-55768 [2015-23314]
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55766
Federal Register / Vol. 80, No. 180 / Thursday, September 17, 2015 / Rules and Regulations
(3)(i) All technology grant recipients,
including individuals and entities
formed as for-profit entities, will be
subject to the rules on Uniform
Administrative Requirements for Grants
and Agreements With Institutions of
Higher Education, Hospitals, and Other
Non-Profit Organizations, as found at 2
CFR part 200.
(ii) Where the Secretary determines
that 2 CFR part 200 is not applicable or
where the Secretary determines that
additional requirements are necessary
due to the uniqueness of a situation, the
Secretary will apply the same standard
applicable to exceptions under 2 CFR
200.102.
(b) Definitions. To supplement the
definitions contained in § 36.4401, the
following terms are herein defined for
purposes of this section:
(1) A technology grant applicant is a
person or entity that applies for a grant
pursuant to 38 U.S.C. 2108 and this
section to develop new assistive
technology or technologies for specially
adapted housing.
(2) A new assistive technology is an
advancement that the Secretary
determines could aid or enhance the
ability of an eligible individual, as
defined in 38 CFR 36.4401, to live in an
adapted home.
(c) Grant application solicitation. As
funds are available for the program, VA
will publish in the Federal Register a
Notice of Funds Availability (NoFA),
soliciting applications for the grant
program and providing information on
applications.
(d) Application process and
requirements. Upon publication of the
NoFA, a technology grant applicant
must submit an application to the
Secretary via www.Grants.gov.
Applications must consist of the
following:
(1) Standard Form 424 (Application
for Federal Assistance) with the box
labeled ‘‘application’’ marked;
(2) VA Form 26–0967 (Certification
Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion) to
ensure that the technology grant
applicant has not been debarred or
suspended and is eligible to participate
in the VA grant process and receive
Federal funds;
(3) Statements addressing the scoring
criteria in paragraph (f) of this section;
and
(4) Any additional information as
deemed appropriate by VA.
(e) Threshold requirements. The
NoFA will set out the full and specific
procedural requirements for technology
grant applicants.
(f) Scoring criteria. (1) The Secretary
will score technology grant applications
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Jkt 235001
based on the scoring criteria in
paragraph (f)(2) of this section.
Although there is not a cap on the
maximum aggregate score possible, a
technology grant application must
receive a minimum aggregate score of 70
points to be considered for a technology
grant.
(2) The scoring criteria and maximum
points are as follows:
(i) A description of how the new
assistive technology is innovative (up to
50 points);
(ii) An explanation of how the new
assistive technology will meet a
specific, unmet need among eligible
individuals (up to 50 points);
(iii) An explanation of how the new
assistive technology is specifically
designed to promote the ability of
eligible individuals to live more
independently (up to 30 points);
(iv) A description of the new assistive
technology’s concept, size, and scope
(up to 30 points);
(v) An implementation plan with
major milestones for bringing the new
assistive technology into production
and to the market. Such milestones
must be meaningful and achievable
within a specific timeframe (up to 30
points); and
(vi) An explanation of what uniquely
positions the technology grant applicant
in the marketplace. This can include a
focus on characteristics such as the
economic reliability of the technology
grant applicant, the technology grant
applicant’s status as a minority or
veteran-owned business, or other
characteristics that the technology grant
applicant wants to include to show how
it will help protect the interests of, or
further the mission of, VA and the
program (up to 20 points).
(g) Application deadlines. Deadlines
for technology grant applications will be
established in the NoFA.
(h) Awards process. Decisions for
awarding technology grants under this
section will be made in accordance with
guidelines (covering such issues as
timing and method of notification)
described in the NoFA. The Secretary
will provide written approvals, denials,
or requests for additional information.
The Secretary will conduct periodic
audits of all approved grants under this
program to ensure that the actual project
size and scope are consistent with those
outlined in the proposal and that
established milestones are achieved.
(i) Delegation of authority. (1) Each
VA employee appointed to or lawfully
fulfilling any of the following positions
is hereby delegated authority, within the
limitations and conditions prescribed by
law, to exercise the powers and
functions of the Secretary with respect
PO 00000
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to the grant program authorized by 38
U.S.C. 2108:
(i) Under Secretary for Benefits.
(ii) Deputy Under Secretary for
Economic Opportunity.
(iii) Director, Loan Guaranty Service.
(iv) Deputy Director, Loan Guaranty
Service.
(2) [Reserved]
(j) Miscellaneous. (1) The grant
offered by this chapter is not a veterans’
benefit. As such, the decisions of the
Secretary are final and not subject to the
same appeal rights as decisions related
to veterans’ benefits.
(2) The Secretary does not have a duty
to assist technology grant applicants in
obtaining a grant.
(Authority: 38 U.S.C. 2108)
(The Office of Management and Budget has
approved the information collection
requirements in this section under control
numbers 4040–0004 and 2900–0821.)
[FR Doc. 2015–23280 Filed 9–16–15; 8:45 am]
BILLING CODE 8320–01–P
POSTAL SERVICE
39 CFR Part 957
Rules of Practice Before the Judicial
Officer
Postal Service.
Final rule.
AGENCY:
ACTION:
This document contains the
final revisions to the rules of practice
before the Judicial Officer in
proceedings relative to debarment from
contracting.
DATES: Effective: September 17, 2015.
ADDRESSES: Written inquiries may be
directed to: Postal Service Judicial
Officer Department, 2101 Wilson
Boulevard, Suite 600, Arlington, VA
22201–3078.
FOR FURTHER INFORMATION CONTACT:
Associate Judicial Officer Gary E.
Shapiro, (703) 812–1910.
SUPPLEMENTARY INFORMATION:
SUMMARY:
A. Executive Summary
On July 1, 2015, the Judicial Officer
Department published for comment
proposed revisions to the rules of
practice before the Judicial Officer for
proceedings relative to debarment from
contracting (80 FR 37565–7). The period
for comments closed on July 31, 2015,
and no comments were received. The
Judicial Officer has made no further
revisions to the original proposed rules,
which are adopted as final. The new
rules completely replace the former
rules of 39 CFR part 957.
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Federal Register / Vol. 80, No. 180 / Thursday, September 17, 2015 / Rules and Regulations
B. Background
The rules of practice in proceedings
relative to debarment from contracting
are set forth in 39 CFR part 957. This
authority is delegated by the Postmaster
General. The rules are being changed to
effectuate the Postal Service’s present
debarment procedures, at 39 CFR part
601, and the Judicial Officer’s role in
those procedures.
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 new 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 revises 39 CFR part
957 to read as follows:
tkelley on DSK3SPTVN1PROD with RULES
PART 957—RULES OF PRACTICE IN
PROCEEDINGS RELATIVE TO
DEBARMENT FROM CONTRACTING
Sec.
957.1
957.2
957.3
957.4
957.5
957.6
957.7
957.8
957.9
957.10
957.11
957.12
957.13
957.14
957.15
957.16
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.
Appearances.
Conduct of the hearing.
Witness fees.
Transcript.
Proposed findings of fact.
Findings of fact.
Computation of time.
Official record.
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957.17
957.18
Public information.
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 subchapter.
§ 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 subchapter.
(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
subchapter.
(e) Respondent means any individual,
firm or other entity which has been
served a written notice of proposed
debarment pursuant to § 601.113(h), or
which previously has been debarred, as
provided in § 601.113(g)(2) of this
subchapter.
(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:
(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
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55767
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.
§ 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 subchapter.
§ 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.
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55768
Federal Register / Vol. 80, No. 180 / Thursday, September 17, 2015 / Rules and Regulations
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.
tkelley on DSK3SPTVN1PROD with RULES
§ 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
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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
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.
§ 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.
PO 00000
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.
[FR Doc. 2015–23314 Filed 9–16–15; 8:45 am]
BILLING CODE 7710–12–P
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
§ 957.16
Frm 00048
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2014–0574; FRL–9933–00]
Halosulfuron-methyl; Pesticide
Tolerances
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
This regulation establishes a
tolerance for residues of halosulfuronmethyl in or on the pome fruit group
11–10 and a tolerance with regional
registration for residues of halosulfuronmethyl in or on the small vine climbing
fruit, except fuzzy kiwifruit, subgroup
13–07F. Interregional Research Project
Number 4 (IR–4) requested these
tolerances under the Federal Food,
Drug, and Cosmetic Act (FFDCA).
DATES: This regulation is effective
September 17, 2015. Objections and
requests for hearings must be received
on or before November 16, 2015, and
must be filed in accordance with the
instructions provided in 40 CFR part
178 (see also Unit I.C. of the
SUPPLEMENTARY INFORMATION).
ADDRESSES: The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPP–2014–0574, is
available at https://www.regulations.gov
or at the Office of Pesticide Programs
Regulatory Public Docket (OPP Docket)
in the Environmental Protection Agency
Docket Center (EPA/DC), West William
SUMMARY:
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]]>Agencies
[Federal Register Volume 80, Number 180 (Thursday, September 17, 2015)]
[Rules and Regulations]
[Pages 55766-55768]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-23314]
=======================================================================
-----------------------------------------------------------------------
POSTAL SERVICE
39 CFR Part 957
Rules of Practice Before the Judicial Officer
AGENCY: Postal Service.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This document contains the final revisions to the rules of
practice before the Judicial Officer in proceedings relative to
debarment from contracting.
DATES: Effective: September 17, 2015.
ADDRESSES: Written inquiries may be directed to: Postal Service
Judicial Officer Department, 2101 Wilson Boulevard, Suite 600,
Arlington, VA 22201-3078.
FOR FURTHER INFORMATION CONTACT: Associate Judicial Officer Gary E.
Shapiro, (703) 812-1910.
SUPPLEMENTARY INFORMATION:
A. Executive Summary
On July 1, 2015, the Judicial Officer Department published for
comment proposed revisions to the rules of practice before the Judicial
Officer for proceedings relative to debarment from contracting (80 FR
37565-7). The period for comments closed on July 31, 2015, and no
comments were received. The Judicial Officer has made no further
revisions to the original proposed rules, which are adopted as final.
The new rules completely replace the former rules of 39 CFR part 957.
[[Page 55767]]
B. Background
The rules of practice in proceedings relative to debarment from
contracting are set forth in 39 CFR part 957. This authority is
delegated by the Postmaster General. The rules are being changed to
effectuate the Postal Service's present debarment procedures, at 39 CFR
part 601, and the Judicial Officer's role in those procedures.
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 new 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 revises 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 subchapter.
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 subchapter.
(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 subchapter.
(e) Respondent means any individual, firm or other entity which has
been served a written notice of proposed debarment pursuant to Sec.
601.113(h), or which previously has been debarred, as provided in Sec.
601.113(g)(2) of this subchapter.
(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:
(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 subchapter.
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.
[[Page 55768]]
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.
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. 2015-23314 Filed 9-16-15; 8:45 am]
BILLING CODE 7710-12-P
