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xO N AL c
EGISTER
VOLUME i s
1934

A/ITED

NUMBER 227

Washington, Saturday, November 20, 1948

TITLE 5 ADMINISTRATIVE
PERSONNEL
Chapter I-Civil Service Commission P art 31E fficiency R ating B oards of R eview
Part 31 is revised and amended to read as set out below.
Sec.
31.1
31.2
31.3
31.4
31.5
31.6
31.7

Establishment and jurisdiction.
Members.
Appeals.
Hearings.
Decisions.
Effect of decisions.
Effective date.
A u t h o r i t y : 31.1 to 31.7 issued under sec. 7, 54 Stat. 1215; 5 U. S. C. 669; sec. 2, 60 Stat. 752; 5 U. S. C. 669a.

31.1 Establishment and jurisdiction.
The head of each department and agency having employees subject to the provi sions of section 9 of the Classification Act of 1923, as amended, shall establish, with the approval of the Civil Service Commission, one or more boards of re view for the purpose of considering and passing, upon the merits of efficiency ra t ings assigned to such employees. The jurisdiction of each board of review shall be specific and exclusive to that of any other such board.
31.2 Members, a Each board of review shall be composed of a chairman designated by the Civil Service Commis sion, an employee member designated by election by employees in such manner as shall be determined by the Commission, and a department member designated by authority of the head Qf the department or agency concerned. One or more alter nate members shall be provided for each member, each alternate being designated in the same manner as his principal.
Members and alternate members of boards of review shall be designated for two year terms expiring June 30, but may continue to serve until their successors are installed: Provided, That they may complete any case ready for decision or in process of oral hearing.
b All members and alternate mem bers of boards of review serving agencies in the Executive branch of the Federal government shall be officers or employees of the Executive branch. All members and alternate members of boards of re
view except chairmen and alternate chairmen serving agencies not in the Executive branch shall be designated from the branch of government to which such agencies respectively belong.
31.3 Appeals. Each appeal from an efficiency rating shall be submitted in writing to, the chairman of the appro priate board of review within 30 days after the date the employee received notice of his rating. Boards of review may waive this requirement for good and sufficient reasons.
31.4 Hearings. Information neces sary to determine the merits of appealed efficiency ratings shall be presented at oral hearings conducted by the board of review: Provided, That the board, with the consent of the appellant, may proceed to a consideration of the appeal without oral hearing on the basis of written information submitted by the parties. The Chairman or an alternate chairman of the board of review shall preside at oral hearings and rule upon all questions arising during such hear ings. At oral hearings, the person whose rating is under consideration and his representative, and such representatives of the department or agency as are des ignated under the authority of the head thereof, shall have an opportunity to be present. In any case, each party shall have an opportunity to submit any in formation the board of review deems pertinent, and to hear and examine, and reply to, other information received by such board. The record of any prior re view of an efficiency rating under con sideration shall be deemed to be perti nent by the board of review. A steno graphic report of an oral hearing shall be required only when it is determined by the unanimous vote of the board that it is necessary to the best interests of the Government and thé employee.
31.5 Decisions. After ascertaining the pertinent facts in each case, the board of review shall proceed to deter mine such increase in the efficiency ra t ing as it deems proper, or sustain the appealed efficiency rating without change. Decisions shall be made by a majority vote. Notices of decisions shall be in writing, shall be sent to the appellants, to the representatives of the Continued on p. 6835

CONTENTS
Agriculture Department
Pa&e
See also Bureau of Animal In
dustry.
Proposed rule making:
Milk handling:
Cincinnati, Ohio, area_____ 6867
Toledo, Ohio, area________ 6865
Tri-State area____________ 6868
Rules and regulations:
Limitation of shipments:
California and Arizona:
Lemons 2 documents___ 6836
Oranges________________ 6837
Oranges, grapefruit, and tan gerines in Florida 3 docu ments _____________ 6835,6836
Alien Property, Office of
Notices :
Vesting orders, etc.:
Cernuschi, Maddalena S., and Giovanni Cernuschi______
Costs and expenses incurred in certain Minnesota and New York court proceed ings____________
Di Paolo, Angelo_________
Elbel, Willy, et al_________
Fuel Refining Corp________
Hegeler, Edward C________
Mandel, Conrad__________
Pirondini, Maria Scaramellini____________________
Swoboda, Dr. Max Carl____

6876

6875
6876
6874
6876
6873
6875
6875
6874

Animal Industry, Bureau of
Proposed rule making:
Viruses, serums, toxins, and analogous products, and cer tain organisms and vectors 6848
Army Department
Rules and Regulations:
Bridge regulations; navigable waters in New York and tributaries________________ 6844
Civil Aeronautics Board
Notices:
Hearings, etc.:
Mt. McKinley Airways, Inc., and Golden North Airways, Inc______________ 6871
Northwest Airlines, Inc____ 6871
6833