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FEDERAL REGISTER, Thursday , June 8, 1939
Prices and Marketing Rules and Regula tions by Distributors.!
318.2 Sales agents. a All sales of coal by Sales Agents of Code Members or their agents or authorized representa tives, and the terms and conditions of su ch sales shall be subject to the Mar keting Rules and Regulations from time to time established by the Coal Com mission.
b Each Code Member shall require compliance by all his Sales Agents and agents and employees of Sales Agents and agents with the provisions of the Bitu minous Coal Code and of all rules and regulations, promulgations and determi nations of the Coal Commission.
c Each Code Member shall require all his Sales Agents clearly to set forth upon any offer, contract, spot order and invoice, the name of such Code Member principal. If the name of the Sales Agent also appears in the transaction, then the above-mentioned forms shall also disclose the fact of agency relation ship with the Code Member principal.
d 1 Every contract for the ap-
pointment of a Sales Agent by Code Members or by agents or authorized rep resentatives of Code Members, or any modification thereof, shall be in writing and shall fully set forth therein all the terms and conditions of such contract, including the amount or basis of the Sales Agents commission.
Certified copies of all such agency contracts en tered into on or prior to the effective date of the establishment of the rules and regulations in this part and in effect on such date, shall be filed by the Code Member with the Statistical Bureau, or Bureaus, within twenty 20 business days after such date. A certified copy of an agency contract heretofore filed by a Code Member pursuant to Rule 3 of Section n of the Marketing Rules and Regulations established by Commission Order No. 88, dated November 29, 1937, shall be deemed to have been filed as re quired by this Subparagraph without re filing hereunder, if such contract con tinues in force and effect without change:
Provided, That the Code Member in the aforesaid period of twenty lo business days notify the Statistical Bureau, or Bu reaus, in writing that such contract is still in force and effect without modifica tion or change.
2 Certified copies of all contracts ap pointing Sales Agents or of agreements modifying any sales agency contract, en tered into subsequent to the effective date of the rules and regulations in this part, shall be similarly filed by the Code Mem ber withinten 10 business days after the date upon which such contracts or agreements have been entered into.
3 In the event of the termination of any sales agency contract other than by expiration according to its own terms, or in the event of rescission of any Sales Agency contract, the Code Member prin cipal shall make a report to the Statistia 2 PJS. 2558.

See also 3 F.R. 541 DI.

cal Bureau, or Bureaus, within ten 10
business days after the date of such termination or rescission., e 1 As to all coal sold by a code member otherwise than through a Sales Agent or through an employee regularly employed as a salesman by the Code Member at his principal place of busi ness or at a regularly established sales office, such Code Member shall, not later than the last day of each month, file with the Statistical Bureau, or Bureaus, a list of all persons through whom, di rectly or indirectly, any such coal was sold during the preceding calendar month, with a statement of the duration and character of their employment, the tonnage sold by, and the rate and amount of compensation paid to, each of them.
2 Not later than the last day of each month, each Code Member shall also file with the Statistical Bureau, or Bureaus, similar information obtained from his Sales Agents concerning sales of coal made during the preceding cal endar month, by the Sales Agents rep resentatives and employees other than salesmen employed at the principal place of business or at a regularly established sales office of the Sales Agent.
3 Not later than the last day of each month, each Code Member shall also file with the Statistical Bureau, or Bureaus, a statement showing the names and ad dresses of Distributors to whom the Code Member or his Sales Agents sold coal during the preceding calendar month, the tonnage sold, and the amount of dis count allowed to each such Distributor.
f Within twenty 20 business days, after the effective date of the rules and regulations in this part, each Code Member shall file with the Coal Com mission, Washington, D. C., a list show ing the names and post office addresses of all his Sales Agents. Upon any change in said list, the Code Member shall notify the Coal Commission within ten 10 business days after such change takes place.
g A list showing the names and post office addresses of Sales Agents and the Code Members for whom such agents act shall be published monthly by the Coal Commission.
h All agency contracts and other information filed by Code Members in conformity with the foregoing regula tions, other than the names and post office addresses of Sales Agents, shall be held by the Coal Commission as the confidential records of said parties and shall not be made public without the consent of the Code Member from whom the same shall have been obtained, ex cept where such disclosure is required in any proceeding before the Coal Commis sion by way oi enforcement of the Act or upon the order ,of any court of com petent jurisdiction.
i Prom and after twenty 20 busi ness days following the effective date of the rules and regulations in this part, no Code Member or Sales Agent of a
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Code Member shall allow or pay, or ob ligate himself to allow or pay, directly or indirectly, any commission to any Sales Agent:
1 Unless the contract of agency shall have been filed with the Statistical Bu reau, or Bureaus, as hereinbefore re quired, and 2 Unless the Sales Agent shall have agreed, in writing, with the Code Mem ber to conform to and observe the mini mum and maximum prices and Market ing Rules and Regulations established by the Coal Commission and the Fair Trade Practice Provisions of the Act, as well as all proper Orders of the Coal Commission, and 3 Unless the Sales Agent shall have in good faith complied with the agree ment as in subparagraph 2 above provided.
j No commission shall be paid to a Sales Agent by a Code Member where a partial or complete ownership, direct, or indirect, or other control exists be tween the purchaser and the sales agent: Provided, however, That a com mission may be allowed and paid in a case where the Coal Commission has de termined that such ownership or control is bona fide, is not established to secure mi indirect price reduction, and is not within the prohibition of Paragraphs 11
and 12 of Section 4, Part n i of the Act.
k Where a Sales Agent is also en gaged, directly or indirectly, in the busi ness of retailing coal, no commission shall be paid or allowed to him by a Code Member on coal sold to another re tailer who is either a Distributor or a Sales Agent of a Code Member: Pro vided, however, That such commission may nevertheless be allowed in a case where the Coal Commission has deter mined that such sales relationship is bona fide and would not result in evasion of the applicable minimum price.
l A Code Member may not employ as a Sales Agent a retail coal dealer for the sale of the Code Members coal through the yard of such retail coal dealer.!
318.3 Discounts, a Code Members or their Sales Agents or Distributors may allow discounts from minimum prices on sales of coal only to persons authorized by the Coal Commission to receive such discounts, and such dis counts shall not exceed the maximum discounts or price allowances prescribed by the Coal Commission upon such sales.
Only one such discount may be allowed on one such sale.
b No Code Member, or Sales Agent or a Distributor may offer or grant any discount or allowance from the appli cable minimum prices for shipments on Government Bills of Lading, except as may be authorized by the Minimum Price Schedules established by the Coal Commission.
c Every agreement for the sale of coal to a Distributor upon which a dis-