Federal Register - November 7, 1959

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Fuente: Federal Register

9116

RULES AND REGULATIONS

upon the parties. Any party desiring to file a brief shall file seven copies with the Board in Washington, D.C., with a state ment that copies thereof are being served simultaneously upon the other parties.

begins to run, is not to be included. The last day of the period so computed is to be included, unless it is a Sunday or a legal holiday, in which event the period runs until the end of the next day, which is neither a Sunday nor a legal holiday.
When the period of time prescribed or Subpart I Service and Filing of allowed is less than 7 days, intermediate Papers Sundays and holidays shall be excluded 102.111
Service o f process and papers; in the computation. For the purpose of proof o f service.
this section a Saturday on which the a Charges, complaints and accom Boards offices are not open for business panying notices of hearing, final orders, shall be considered as a holiday, but a intermediate reports, and subpenas of half holiday shall be considered as other the Board, its member, agent, or agency, days and not as a holiday. Whenever a may be served personally or by registered party has the right or is required to do mail or by telegraph or by leaving a some act or take some proceedings within copy thereof at the principal office or a prescribed period after service of a place of business of the person required notice or other paper upon him, and the to be served. The verified return by the notice or paper, is served upon him by individual so serving the same, setting mail, 3 days shall be added to the pre forth the manner of such service, shall scribed peribd: Provided, however, That be proof of the same, and the return 3 days shall not be added if any exten post office receipt or telegraph receipt sion of such time may have been granted.
b When the act or any of these rules therefor when registered and mailed or telegraphed as aforesaid shall be proof require the filing of a motion, brief, ex ception, or other paper in any proceed of service of the same.
b Process and papers of the Board, ing, such document must be received by other than those specifically named in the Board or the officer or agent desig paragraph a of this section, may benated to receive such matter before the forwarded by certified mail. The return close of business of the last day of the post office receipt therefor shall be proof time limit, if any, for such filing or ex tension of time that may have been of service of the same.
granted.
102.112 Sam e; by parties; p ro o f o f service.

Service of papers by a party on other parties shall be made by registered mail, or by certified mail, or in any manner provided for the service of papers in a civil action by the law of the State in which the hearing is pending. When service is made by registered mail, or by certified mail, the return post office re ceipt shall be proof of service. When service is made in any manner provided by such law, proof of service shall be made in accordance with such law.
102.113 Date o f service;
p ro o f o f service.

filing
of
a The date of service shall be the day when the matter served is deposited in the United States mail or is delivered in person, as the case may be. In comput ing the time from such date, the provi sions of 102.114 apply.
b The person or party serving the papers or process on other parties in con formance with 102.111 and 102.112
shall submit a written statement of serv ice thereof to the Board stating the names of the parties served and the date and manner of service. Proof of service as defined in 102.112 shall be required by the Board only if subsequent to the receipt of the statement of service a question is raised with respect to proper service. Failure to make proof of serv ice does not affect the validity of the service.
102.114 Tim e; additional time after service by mail.

a In computing any period of time prescribed or allowed by these rules, the day of the act, event, or default after which the designated period of time
Subpart J Certification and Signature of Documents 102.115 Certification o f papers and documents.

The executive secretary of the Board or, in the event of his absence or dis ability, whosoever may be designated by the Board in his place and stead shall certify copies of all papers and docu ments which are a part of any of the files or records of the Board as may be necessary or desirable from time to time.
102.116

Signature o f orders.

The executive secretary or the associ ate executive secretary or, in the event of their absence or disability, whosoever may be designated by the Board in their place and stead is hereby authorized to sign all orders of the Board.

Subpart K Records and Information 102.117 Files, records, etc., in exclu sive custody o f Board and not subject to inspection ; form al documents and final opinions and orders subject to inspection.

a The formal documents described as the record in the case or proceeding and defined in 102.45, 102.67, and 102.69 are matters of official record and are available for inspection and exami nation by persons properly and directly concerned, during usual business hours, at the appropriate regional office of the Board or in Washington, D.C., as the case may be. True and correct copies thereof will be certified upon submission of such copies a reasonable time in ad vance of need and payment of lawfully prescribed costs: Provided, however, That if the Board, the general counsel,
or the regional director with whom the documents are filed shall find in a par ticular instance good cause why a matter of official record should be kept confi dential, such matter shall not be avail able for public inspection or examina tion. Application for such inspection, if desired to be made at the Boards office in Washington, D.C., shall be made to the executive secretary or the general counsel, as the case may be, and, if de sired to be made at any regional office, shall be made to the regional director.
The executive secretary, the general counsel, or the regional director may, in his discretion, require that the applica tion be made in writing and under oath and set forth the facts upon which the applicant relies to show that he is prop erly and directly concerned with such inspection and examination. Should the executive secretary, the general counsel, or the regional director, as the case may be, deny any such application, he shall give prompt notice thereof, accompanied by a simple statement of procedural or other grounds.
b All final opinions or orders of the Board in the adjudication of cases ex cept those required for good cause to be held confidential and not cited as prece dents and its Rules and Regulations are available to public inspection during regular business hours at the Boards offices in Washington, D.C. Copies may be obtained upon request made to any regional office o f the Board at its address as published in the F ederal R egister , or to the director of information in Wash ington, D.C. Subject to the provisions of 102.31 and 102.66, all files, docu ments, reports, memoranda, and records pertaining to the internal management of the Board or to the investigation or disposition of charges or petitions during the nonpublic investigative stages of proceedings and before the institution of formal proceedings, and all matters of evidence obtained by the Board or any of its agents in the course of investiga tion, which have not been offered in evidence at a hearing before a trial examiner or hearing officer or have not been made part of an official record by stipulation, whether in the regional of fices of the Board, or in its principal office in the District of Columbia, are for good cause found by the Board held con fidential and are not matters of official record or available to public inspection, unless permitted by the Board, its chair man, the general counsel, or any regional director.
102.118 Same; Board employees pro hibited from producing files, rec ords, etc., pursuant to subpena ad testificandum or subpena duces te cum, prohibited from testifying in regard thereto.

No regional director, field examiner, trial examiner, attorney, specially des ignated agent, general counsel, member of the Board, or other officer or employee o f the Board shall produce or present any files, documents, reports, memoranda, or records o f the Board or testify in behalf of any party to any cause pending in any court or before the Board, or any other

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Federal Register - November 7, 1959

TítuloFederal Register

PaísEstados Unidos de América

Fecha07/11/1959

Nro. de páginas48

Nro. de ediciones7301

Primera edición14/03/1936

Ultima edición20/05/2024

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