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Federal Register / Vol. 86, No. 220 / Thursday, November 18, 2021 / Rules and Regulations 1 They have read the document subscribed and know the contents thereof;

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

11. In 12.13, revise paragraph b2
to read as follows:
12.13

Complaint; election of procedure.

b
2 Subscription and verification of the complaint. Each complaint shall be signed personally by an individual complainant or by a duly authorized officer or agent of a complainant who is not a natural person. Complainants signature shall be given under oath or affirmation under penalty of law attesting either that complainant knows the facts set forth in the complaint to be true, or believes the facts set forth to be true, in which event the information upon which complainant formed that belief shall be set forth with particularity.

12. Revise 12.14 to read as follows:

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12.14

Withdrawal of complaint.

At any time prior to service of notification to the complainant pursuant to 12.15a of the Director of the Office of Proceedings determination to forward the complaint to a registrant, complainant may file a written notice of withdrawal of the complaint which shall terminate the Commissions consideration of the complaint without prejudice to complainants right to refile a reparations complaint based upon the same set of facts within two years after the cause of action accrues. If the complainant has previously filed a notice of withdrawal of a complaint based upon the same set of facts, the notice of withdrawal of complaint shall terminate the case with prejudice to complainants rights to re-file a complaint in reparations based on the same set of facts, but such termination shall be regarded by the Commission as without prejudice to complainants right to seek redress in such alternative forums as may be available for adjudication of the claims.
13. In 12.15, revise paragraph b to read as follows:
12.15

Notification of complaint.

b Determination not to forward complaint. The Director may, in their discretion, refuse to forward a
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complaint as to a particular respondent if it appears that the matters alleged therein are not cognizable in reparations, or that grounds exist pursuant to 12.24c or d for refusing to forward the complaint. If the Director of the Office of Proceedings should determine not to forward the complaint to all registrants named in the complaint in accordance with this section, no proceeding shall be held thereon and the complainant shall be notified to that effect. If the Director determines to forward the complaint as to less than all of the registrants, the complainant shall be so notified. A termination of the complaint as to any registrant shall be regarded by the Commission as without prejudice to the right of the complainant to seek such alternative forms of relief as may be available.
14. Revise 12.17 to read as follows:

penalty of law, attesting that the signer has read the answer; that to the best of the signers knowledge all of the statements in the answer, the counterclaim if any, and the materials required by this part to be appended thereto, are accurate and true, and that the answer and counterclaim, if any has not been interposed for delay.
d Affidavit of service. The registrant shall file with the answer an affidavit showing that a true copy of the answer has been served upon the complainant, either personally or by first-class mail addressed to the complainant at the address set forth in the complaint.

16. In 12.20, revise paragraphs a and c to read as follows:

12.17

a Response to counterclaim. If an answer asserts a counterclaim, the complainant shall, within thirty 30
days after service of the answer by the respondent:
1 Satisfy the counterclaim as if it were a complaint, in the manner prescribed by 12.17; or 2 File a reply to the counterclaim with the Commission.

c Election of decisional procedure. If neither the complainant nor the respondent, in the complaint or answer respectively, has previously made an election of the summary decisional procedure or the formal decisional procedure, the complainant may make such an election in the reply.
17. In 12.21, revise paragraph a to read as follows:

Satisfaction of complaint.

A respondent may satisfy the complaint:
a By paying to the complainant either the amount to which the complainant claims to be entitled as set forth in the complaint or such other amount as the complainant will accept in satisfaction of the claim; and b By submitting to the Commission notice of satisfaction and withdrawal of the complaint, duly executed by the complainant and the respondent.
15. In 12.18, revise paragraphs b, c, and d to read as follows:
12.18

Answer; election of procedure.

b Motion for reconsideration of determination to forward the complaint.
An answer may include a motion for reconsideration of the determination to forward the complaint, specifying the grounds therefor, which the Director of the Office of Proceedings, in their discretion, may grant by terminating the case pursuant to 12.27, or deny by forwarding the pleadings and matters of record for an elected decisional proceeding pursuant to 12.26. The inclusion in an answer of a motion for reconsideration shall not preclude a respondent, if the motion is denied, from moving for dismissal at a later stage of the proceeding for the same reasons cited in a motion for reconsideration pursuant to this paragraph b.
c Subscription and verification of the answer. An answer shall be signed personally by each registrant on behalf of whom it is filed or by a duly authorized officer or agent of any such registrant who is not a natural person.
Each registrants signature shall be given under oath, or by affirmation under
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12.20 Response to counterclaim; reply;
election of procedure.

12.21

Voluntary dismissal.

a At any time after the Director of the Office of Proceedings has served notification to the parties pursuant to 12.15 of the Directors determination to forward the complaint to the respondent for a response, either the complainant or the respondent may obtain dismissal of the complaint or the proceeding, if one has commenced by filing a stipulation of dismissal, duly executed by all of the complainants and each respondent against whom the complaint has been forwarded or added as a party in the course of a proceeding;
provided however, that if the stipulation is filed after any respondent has filed an answer, the terms of the stipulation shall include a dismissal of any counterclaims in the answer.

18. In 12.22, revise paragraph b to read as follows:

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