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Federal Register / Vol. 86, No. 220 / Thursday, November 18, 2021 / Rules and Regulations
legal holiday, in which event the period runs until the end of the next day which is not a Saturday, a Sunday, or a legal holiday. Intermediate Saturdays, Sundays, and legal holidays shall be excluded from the computation only when the period of time prescribed or allowed is less than seven 7 days.

4. In 12.6, revise paragraph a to read as follows:
12.6 Extensions of time; adjournments;
postponements.

a In general. Except as otherwise provided by law or by the rules in this part, for good cause shown, the Commission, or an Administrative Judge, Administrative Law Judge, or the Director of the Office of Proceedings, before whom a matter is then pending, on their own motion or the motion of a party, may at any time extend or shorten the time limit prescribed by the rules in this part for filing any document. In any instance in which a time limit is not prescribed for an action to be taken concerning any matter, the Commission or one of the other officials mentioned above may set a time limit for that action.

5. In 12.7, republish paragraph c heading and revise paragraph c1 to read as follows:
12.7 Ex parte communications in reparation proceedings.

c Sanctions. 1 Upon receipt of an ex parte communication knowingly made or knowingly caused to be made by a party in violation of the prohibition contained in paragraph a1 of this section, the Commission, Administrative Law Judge, or an Administrative Judge may, to the extent consistent with the interests of justice and the policy of the Act, require the parties to show cause why their claims or interest in the proceeding should not be dismissed, denied, disregarded, or otherwise adversely affected on account of such violation.

6. Revise 12.8 to read as follows:

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12.8

Separation of functions.

a An Administrative Judge, or Administrative Law Judge, will not be responsible to or subject to the supervision or direction of any officer, employee, or agent of the Commission engaged in the performance of investigative or prosecutorial functions for the Commission.
b No officer, employee, or agent of the Federal Government engaged in the
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performance of investigative or prosecutorial functions in connection with any proceeding shall, in that proceeding or a factually related proceeding, participate or advise in the decision of an Administrative Judge, or Administrative Law Judge, except as a witness in the proceeding, without the express written consent of the parties to the proceeding. This paragraph b shall not apply to the Commissioners.
7. In 12.9, republish paragraph a heading and revise paragraphs a1 and b to read as follows:

12.9

Practice before the Commission.

a Practice1 By non-attorneys.
Individuals may appear pro se on their own behalf; a general partner may represent the partnership; a bona fide officer of a corporation, trust, or association may represent the corporation, trust, or association.

b Debarment of counsel or representative during the course of a proceeding. 1 Whenever, while a proceeding is pending before them, an Administrative Judge or an Administrative Law Judge finds that a person acting as counsel or representative for any party to the proceeding is guilty of contemptuous conduct, such official may order that such person be precluded from further acting as counsel or representative in the proceeding. An immediate appeal to the Commission may be taken from any such order, pursuant to the provisions of 12.309, but the proceeding shall not be delayed or suspended pending disposition of the appeal; Provided, that the official may suspend the proceedings for a reasonable time for the purpose of enabling the party to obtain other counsel or representative.
2 Whenever the Administrative Judge or Administrative Law Judge has issued an order precluding a person from further acting as counsel or representative in a proceeding, such official, within a reasonable time thereafter, shall submit to the Commission a report of the facts and circumstances surrounding the issuance of the order and shall recommend what action the Commission should take respecting the appearance of such person as counsel or representative in other proceedings before the Commission.

8. In 12.10, revise paragraphs b and c to read as follows:

12.10

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Service.

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b Service of orders and decisions. A
copy of all notices, rulings, opinions, and orders of the Proceedings Clerk, the Director of the Office of Proceedings, an Administrative Judge, an Administrative Law Judge, the General Counsel or any employee under the General Counsels supervision as the General Counsel may designate, or the Commission shall be served by the Proceedings Clerk on each of the parties. The Commission, in its discretion and with due consideration for the convenience of the parties, may serve the aforementioned documents to the parties by electronic means.
c Designation of person to receive service. The first page of the first document filed in a proceeding by a party or participant shall include the contact information of a person authorized to receive service on their behalf. Thereafter, service of documents shall be made upon the person authorized unless service on the party is ordered by an Administrative Judge, an Administrative Law Judge or the Commission, or unless no person authorized to receive service can be found, or unless the person authorized to receive service is changed by the party upon due notice to all other parties.
9. In 12.11, republish paragraph d heading and revise paragraphs d1, d2 introductory text, and d2i and iii to read as follows:
12.11 Formalities of filing of documents with the Proceedings Clerk.

d Signature1 Manner. The original of all papers must be signed in ink by persons filing the same or by their duly authorized agents or attorneys.
2 Effect. The signature on any document of persons acting either for themselves or as attorney or agent for another constitutes certification by them that:
i They have read the document and know the contents thereof;

iii To the best of their knowledge, information and belief, every statement contained in the document is true and not misleading; and

10. In 12.12, revise paragraphs b introductory text and b1 and 3 to read as follows:
12.12

Signature.

b Effect. The signature on any document of any persons acting either for themselves or as attorney or agent for another constitutes certification by them that:

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