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Saturday

June 5, 1954

FEDERAL REGISTER

CODIFICATION G U ID E- -Con.

Commission through its C hief Law Officer. Service shall be by registered mail.

a presiding hearing exam iner shall be subject to review by the Commission upon its adjudication o f the case.

34.103 Answers, a In the case o f a desire to contest the proceedings the respondent shall, within fifteen days o f the service o f the copy o f letter o f charges, file with the Commission an answer original and four copies to the letter o f charges.
Respondent shall specifically adm it or deny, or explain each o f the facts alleged in the letter o f charges, unless respondent is without knowledge, in which case he shall so state. T h e Commission shall serve a copy o f the answer on the agency.
b
Failure o f respondent to file answer w ithin the tim e lim it shall be deemed to authorize the Commission, without further notice to the respondent, to proceed in regular course on the charges set forth in the letter o f charges.

34.109 Subpenas. Subpenas requir ing the attendance o f witnesses or the production o f documentary evidence from any place in the United States, at any designated place o f hearing, may be issued by the presiding hearing examiner o r by a member o f the Commission.
Application fo r subpenas m ay be made either to the presiding hearing examiner or to the Commission.

Page
Title 14
Chapter I:
part 40----.
-Chapter H :
Part 600------ -------------- -
Part 601-------------Part 609_____ ____ -------- -

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Title 15
Chapter H I:
Part 399------------------------------ -

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Title 16
Chapter I:
part 39___ -----------------------3322
Part 42______________________ 3322

Title 21
Chapter I :
Part 141c - -----
------Part 146a________ ------ ---------Part 146e-----------------------------

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Title 26
Chapter I :
Part 316 --------- ------- --------

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Title 29
Chapter V:
Part 522 ______ ---------- -

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Title 32
Chapter V :
Part 552 --------- 3327
Chapter XTV;
Part 1455_____ _________________ 3327

Title 42
Chapter I:
Part 22

_

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Chapter I:
Appendix Public land o rd e rs ;
178 revoked by P L O 968____
215 revoked by PLO 968_____
968__________ ___________ _____

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Title 43

SCBPART B HEARINGS IN REMOVAL CASES;
RULES OF PRACTICE
Sec.
84101 Letter of Charges.
84.102 Service.

34.103 Answers.
34.104 Appearances.
84.105 Notice of hearing.
34.106 Hearings.
84.107 Burden of proof.
34.108 Motions.
34.109 Subpenas.
34.110 Witnesses and fees.
34.111 Proposed findings and conclusions before hearing examiners.
34.112 Recommended decisions.
34.113 Commissions adjudication.
34.114 Report of action taken.
Authority: 34.101 to 34.114 issued under ec. 1 1 , 60 Stat. 244; 5 U. S. C. 1010.

34.101 Letter of charges. Agencies shall initiate rem oval proceedings against a hearing examiner by filing with we Commission, attention C hief Law Officer, a letter o f charges original and four copies which shall set forth specifi cally and in detail the facts th at are alleged to constitute good cause fo r the hearing examiners removal.
34.102 Service. A copy o f the le t ter of charges shall be served upon the hearing examiner named therein by the
34.104 Appearance. A respondent m ay appear fo r him self or by an attorney at law who is admitted to practice before the Federal courts, or before courts o f any State or T erritory o f the United States. W ritten notice o f appearance shall be submitted by attorneys. T h e notice o f appearance shall state the court to which the attorney is admitted to practice and the date o f such admis sion.
34.105 Notice of hearing. A fte r the filing o f answer or other appropriate response, the Commission shall fix a time and place fo r hearing and shall n otify the parties.
34.106 Hearings, a A ll hearings under this subpart shall be presided over by the Commission, by a member o f the Commission or by one or more hear ing examiners appointed under the A d
m inistrative Procedure Act.
b Hearings shall be open to the pub lic unless otherwise ordered by the Com mission.
c Hearings shall be recorded by an official reporter designated by the Com mission under the supervision o f the prsiding officer. A transcript o f the hearing shall be a part o f the record and the sole official transcript o f the pro ceedings. Transcripts w ill be supplied to the parties by the official reporter at rates not to exceed the maximum rates fixed by the contract between the Com mission and the reporter.

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34.110 Witnesses and fees. W it ness fees and m ileage shall be paid by the party at whose instance the witness appeared. Witnesses m ay appear vol untarily without subpena.
34.111 Proposed findings and con clusions before hearing examiners. A t the term ination o f a hearing the pre siding hearing exam iner shall fix a tim e w ithin which parties m ay submit to him proposed findings, conclusions, or rea
sons therefor or briefs which m ay con tain the sa m e. Each party shall furnish copies o f briefs or proposals to other parties to the proceeding certifyin g to the Commission that this has been done and shall deliver to the presiding officer an original and two copies.
34.112 Recommended decisions, a
T h e presiding hearing examiner, as soon as practicable after receipt o f the tran script o f the hearing and o f proposed findings and conclusions, or briefs, shall make and file a recommended decision.
b
A copy o f the recommended de cision shall be sent to each party to the proceeding. A n y party may, w ithin ten days after receipt thereof, submit ex ceptions to the examiners recommended decision, or to any omission therefrom , and additional proposals fo r findings and conclusions and reasons therefor.
T h e party m aking such submissions shall furnish copies to other parties certifyin g to the Commission th at this has been don e, and shall file the origi nal and two copies with the Commission.
34.113 Commissions adjudication.
Upon receipt o f exceptions, or expiration o f time therefor, the examiner shall pre pare the files o f the proceeding and shall transm it them to the Commission, cer tifyin g that the record submitted is com
plete. T h e Commission w ill thereafter consider the entire record and decide the issues in accordance with w hat it deems to be the applicable law and the greater weight o f the evidence.

34.107 Burden of proof, a T h e agency initiating rem oval proceedings shall have the general burden o f proof and the proponent o f any factual propo 34.114 Report of action t a k e n .
sition shall be required to sustain the burden o f p roof with reference thereto. Agencies shall take action in accordance b
Objections to evidence shall bew ith the Commissions decision, not later stated briefly and shall include the than 10 days after receipt thereof, and grounds relied upon. T h e transcript shall report without delay the action shall not include argument on objections taken to the Commission.
except as ordered by the presiding hear U n it e d S t a t e s C i v i l S e r v
ing examiner. Rulings on objections ic e C o m m is s io n , shall appear in the record.
34.168 Motions. Motions shall be acted upon by the presiding hearing ex aminer, or m ay be referred by him to the Commission fo r decision. A ll rulings by
seal
W m . C. H u l l ,
Executive Assistant.
F . R. Doc. 54-4329; Filed, June 4, 1954;
8:53 a. m .