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FEDERAL

REGISTER
1934

VOLUME 9

NUMBER 241

Washington , Saturday, December 2, 1944
Regulations TITLE 5ADMINISTRATIVE
PERSONNEL
Chapter ICivil Service Commission Civil Service Rule I
P art 1 P o l it ic s
and
R e lig io n
POLITICAL ACTIVITY OP U. S. EMPLOYEES

The regulation which appears in 5
CFR, 1.101 is hereby revoked and super seded by these regulations. The provi sions in 5 CFR, and Cum. Supp., 1.102 to 1.104 inclusive are deleted, and 1.101
to 1.104 are redesignated as follows:
Sec.
1.101
1.102
1.103
1.104
1.105
1.106
1.107

Investigations.
Investigation by correspondence.
Proposed order.
Hearing.
Pinal order.
Penalties.
Reemployment; debarment period.

A uthority : 1.101 to 1.107, inclusive, is sued under Revised Statutes, Bee. 1753 5
U.S.C. 631; sec. 7, Act of January 16, 1883
5 U.S.C. 638; Civil Service Rule X V I 5 CFR, Cum. Supp., 16.1 ; sec. 9, Act of August 2, 1939 as amended 18 U.S.C. 61h.

1.101 Investigations a Joint in vestigations. Investigations of charges ol political activity on the part of an officei or employee both hereinafter compre hended within the term employee sub ject to the provisions of i 1.1, shall be con ducted jointly by representatives of the Commission and of the department oi agency where the individual is employed unless either the Commission or the departmttit or agency signifies that it wil be unable to participate in the investiga tion. The Commission shall be notified of any complaint of political activity re ceived by a department or agency and shall be given an opportunity to cooper ate in any investigation that the depart ment or agency may decide to make, Likewise, the Commission will not pro ceed with any investigation until the de partment or agency hasbeen notified and has been given an opportunity to par ticipate.
b Statement of employee; witnesses, During the course of the investigation the employee shall be afforded an oppor tunity to make a statement, either per sonally or in writing before the investi
gator, and he shall be allowed to furnish names of witnesses who will support the statements he has made to the investi gator.
l.j.02 Investigation by correspond ence. In case the complaint involves a political activity violation that may be established by record evidence, the in vestigation may be conducted by corre spondence. In such cases, the accused employee will be given an opportunity to furnish in writing any statement or in formation that he may desire and the employing department will be furnished a copy of the letter directed to such ac cused employee allowing him the op portunity to furnish a statement.
1.103 Proposed or dor. When the Commission reaches the conclusion that a violation of 1.1 has been established by the investigation, it shall issue a pro posed order. This order, which shall in clude a statement of the charges against the employee and of the information in support thereof, shall be sent to the em ployee by registered mail, and he shall be allowed fifteen days from the date of service to respond thereto in writing.
A copy of this order shall also be sent to the department or agency in which the individual is employed. With his reply to the proposed order, the employee may request a hearing as hereinafter pro vided.
1.104 Hearing a When granted.
The granting of a hearing shall not tie a matter of right but shall be within the discretion of the Commission. No hear ing shall be authorized in cases where the employee has admitted a violation or where a violation is established by in disputable record evidence.
b Where held; testimony under oath;
appearances; counsel. Hearings shall be held before a hearing examiner desig nated by the Commission and shall be at the Commissions office in Washington, D. C., unless the Commission shall order that the hearing be held elsewhere. All testimony shall be under oath or affirma tion. The employe may appear person ally or by or with counsel. Counsel ap pearing shall havemeen admitted to prac tice before the Commission in accordance with 23.4 of this chapter 9 F. R. 12803.
c Scope of flearing. The hearing shall be of the limited scope necessitated Continued on next page
CONTENTS
REGULATIONS AND NOTICES
A l ie n P r o p e r ty Cu s t o d ia n :

Vesting orders:
Page Fujino, Chiyono_____________ 14247
Nakno, Toku Moriwake_____ 14246
Vagts, Christ________________ 14248
Yokohama Specie Bank, Th e. 14247
Ziriner, Goldie________________14218
C iv i l A eronautics B oard :

American Airlines, Inc., et al;
assignment of oral argu ment_________________
C iv i l S ervice
14245

c o m m is s io n :

Politics and religion; political activity of U. S. employees. 14223
C oast G uard :

U. S. Coast Guard Reserver miscellaneous amendments. 14241
F ederal P o w er C o m m is s io n :

Wisconsin Southern Gas Co., rehearing granted__________ 14245
F ederal T rade C o m m is s io n :

Cease and desist order; Russell M. Braddock______________ 14226
G e n e r a l L and O f f i c e :

Arizona, withdrawal of land for use of War Department___ 14242
I n t e r st a t e C o m m e r c e C o m m is s io n :

Demurrage charges:
Box cars, closed___ v_____
14242
State Belt Railroad of Calif_ 14242
Freight cars, overloading_______14243
Grain and related articles, rout ing of traffic______________ 14243
Reconsignment permits:
Apples, Madison, Wis_______ 14246
Grapes:
Flint, Mich_______________ 14246
Pittsburgh, Pa____ !_______ 14246
Soybeans, unloading at Kansas City, Mo___________________ 14245
O f f ic e o f D e f e n s e T r a n s p o r t a t io n :

Passenger trains, extra or spe cial; authorization________ 14243
O f f ic e o f P r ic e A d m in is t r a t io n :

Adjustments:
Abies Coal Co., et al_________
Browning, A. D., et al________
Chalmers Knitting Co_______
Cox, Abram, Mfg. Co________
Faith Mills, Inc_____________
Precision Automotive Casting Corp___________________
Utica Knitting Co_________
Continued on next page 14223

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