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Subpart A-General Information
(Rule 1) $ 201,1 Scope of rules.
The regulations in this part govern practice and procedure before the Mari. time Administration and the Maritime Subsidy Board (as described in Department oi Commerce Order No. 117, Rev.), hereinafter referred to collectively as the "Administration", under the Merchant Marine Act, 1920, as amended, Merchant Act, 1936, as amended, Merchant Ship Sales Act, 1946, Administrative Procedure Act, and related Acts, except as may be provided otherwise by the Administration. They shall be construed to secure the just, speedy, and inexpensive determination of every proceeding with full protection for the rights of all parties therein. & 201.2 Mailing address; hours.
Documents required to be filed in, and correspondence relating to, proceedings governed by the regulations in this part should be addressed to "Secretary, Mari. time Administration, Washington, D.C., 20235". The principal office of the Administration, located at 441 G Street NW., Washington, D.C. 20235, is open from 8:30 a.m. to 5:00 p.m. eastern standard time or eastern daylight saving time, whichever is currently effective in Washington, Monday to Friday, inclusive, unless otherwise provided by Federal statute or executive order. 8 201.3 Authentication of rules, orders,
determinations and decisions of the
Administration. All rules, orders, determinations or decisions issued in any proceeding covered by the regulations in this part shall unless otherwise specifically provided by the Administration, be signed and authenticated by seal by the Secretary of the Administration in the name of the Administration. & 201.4 Inspection of records.
The files and records of the Administration except those held by the Admin istration for good cause to be confidential, shall be open for inspection and copying as follows:
(a) All pleadings, motions, depositions, correspondence, exhibits, transcripts of testimony, exceptions, briefs, and decisions in any formal proceeding before the Administration may be in
spected and copied in the Docket Section of the Office of Hearing Examiners.
(b) Subject to the provisions of law restricting public disclosure of information, all other files and records may be inspected and copied in the discretion of the Administration upon written request to the Secretary describing in detail the documents of which inspection is desired and setting forth the reasons therefor.
(c) Orders, rules, rulings, opinions, determinations, and decisions (initial, recommended, tentative, and final), may be inspected at the Washington Office of the Administration.
(d) Copies of documents which may be inspected subject to the provisions of this section will be prepared and certified by the Secretary under the seal of the Administration if written request is made specifying the exact documents, the number of copies desired, and the date on which the same will be required. Such request shall permit a reasonable time for the preparation of copies. The cost of preparing copies shall be paid by the person making the request. Volumes of Maritime Administration reports may be purchased from the Superintendent of Documents, Government Printing Ofice, Washington, D.C., 20402. Copies of individual decisions may be secured from the Secretary, Maritime Administration upon request, or may be examined in the regional ofices of the Maritime Administration. 8 201.5 Searching, copying, and certifi.
cation of records ; fees therefor. (a) Upon written request directed to and within the discretion of the Administration, there are available, with respect to documents subject to inspection as provided in $ 201.4, services as follows:
(1) Searching files and records;
(2) Copying records and documents; and
(3) Certifying of copies of documents.
(b) Fees for services set forth in paragraph (a) of this section are as follows:
(1) Certification and validation of each document with Maritime Subsidy Board or Maritime Administration seal, $1, without either seal, 25 cents.
(2) Searching files and records, except as provided in subparagraph (5) of this paragraph, $1.50 per half hour or fraction thereof.
(3) Copying records and documents, except as provided in subparagraph (5) of this paragraph.
(4) General: (i) If copy is to be transmitted to the applicant by registered, air, or special delivery mail, the postal fees will be added to the fees for copying (or the request must include postage stamps or stamped return envelopes).
(ii) The cost of special handling or packaging shall also be included in the total fee charged.
(iii) Minimum charge, 50 cents.
(5) Medical records of merchant seamen, including packaging and postage: Searching-
--- 3.00 Since the changes herein reflect minor adjustments of fee items pursuant to current review, it is deemed impracticable to delay the effective date hereof; therefore, in accordance with the provisions of section 4, Administrative Procedure Act (5 U.S.C. 1003), the foregoing shall be effective as of the date of publication in the FEDERAL REGISTER. [G.O. 41, 3d Rev., Amdt. 2, 31 F.R. 9867, July 21, 1966) $ 201.6 Documents in foreign lan
guages. Every document, exhibit, or other paper written in a language other than English and filed with the Administration or offered in evidence in any proceeding before the Administration under the regulations in this part or in response to any rule or order of the Administration pursuant to the regulations in this part, shall be filed or offered in the language in which it is written and shall be accompanied by an English translation thereof duly subscribed.
8 201.7 Information; special instruc
tions. Information as to procedure under the regulations in this part, and instructions supplementing the regulations in this part in special instances, will be furnished upon application to the Secretary of the Administration. 8 201.8 Use of gender and number.
Words importing the singular number may extend and be applied to several persons or things; words importing the plural number may include the singular; and words importing the masculine gender may be applied to females. 8 201.9 Suspension, amendment, etc., of
rules. The regulations in this part may, from time to time, be suspended, amended, or revoked, in whole or in part. Notice of any such action will be published in the FEDERAL REGISTER. Also, any regulation in this part may be waived by the Administration or the Presiding Officer to prevent undue hardship in any particular case. Subpart B-Appearance and Prac
tice Before the Administration
(Rule 2) § 201.15 Appearance in person or by
representative. A party may appeal in person or by an oficer, partner, or regular employee of the party, or by or with counsel or other duly qualified representative, in any proceeding under the regulations in this part. A party may offer testimony, produce and examine witnesses, and be heard upon brief and at oral argument if oral argument is granted. Any person compelled to appear in a proceeding pursuant to subpoena may be accompanied, represented, and advised by counsel and may purchase a transcript of his testimony. $201.16 Authority for representation.
Any individual acting in a representative capacity in any proceeding before the Administration may be required by the Administration or the Presiding Officer to show his authority to act in such capacity. § 201.17 Written appearance.
Persons who appear at any hearing shall deliver a written notation of appearance to the reporter, stating for whom the appearance is made. The written appearance shall be made a part of the record. $ 201.18 Practice before the Administra
tion defined. Practice before the Administration shall be deemed to comprehend all matters connected with any presentation to the Administration or its staff. 8 201.19 Presiding officers.
Hearings on any matter before the Administration will be held by a duly designated Member or Members thereof, or a Hearing Examiner qualified under section 11 of the Administrative Procedure Act, assigned by the Chief Hearing Examiner, who shall be designated as the Presiding Officers. Where appropriate the Administration may designate other members of the staff to serve as Presiding Oficers in hearings not required by statute, as provided in 8 201.86. & 201.20 Attorneys at law.
Attorneys at law who are admitted to practice before the Federal courts or before the courts of any State or territory of the United States may practice before the Administration. An attorney's own representation that he is such in good standing before any of the courts herein referred to will be suficient proor thereof. 8 201.21 Persons not attorneys at law.
Any person who is not an attorney at law may be admitted to practice before the Administration if he is a citizen of the United States and files proof to the satisfaction of the Administration that he possesses the necessary legal, technical, or other qualifications to enable him to render valuable service before the Administration and is otherwise competent to advise and assist in the presentation of matters before the Administration. Applications by persons not attorneys at law for admission to practice before the Administration shall be made on the forms prescribed therefor, which may be obtained from the Secretary of the Administration, Washington, D.C., 20235. No person who is not an attorney at law and whose application has not been approved shall be permitted to practice before the Administration. However, this provision and the provisions of $3 201.22, 201.23, and
201.24 shall not apply to any person who appears before the Administration on his own behalf or on behalf of any corporation, partnership, or association of which he is a partner, officer, or regular employee. 8 201.22 Firms and corporations.
Except as regards law firms, practice before the Administration by firms or corporations on behalf of others shall not be permitted. & 201.23 Hearings.
The Administration in its discretion may call upon a nonattorney applicant for a full statement of the nature and extent of his qualifications. If the Administration is not satisfied as to the sufficiency of the applicant's qualifications it will so notify him by registered mail, whereupon he may request a hearing for the purpose of showing his qualifications. If he presents to the Administration no request for such hearing within 20 days after receiving the notification above referred to, his application shall be acted upon without further notice. 8 201.24 Suspension or disbarment.
The Administration may, in its discretion, deny admission to, suspend, or disbar any person from practice before the Administration who it finds does not possess the requisite qualifications to represent others or is lacking in character, integrity, or to have engaged in unethical or improper professional conduct. Disrespectful, disorderly, or contumacious language or contemptuous conduct at any hearing before the Administration or a presiding officer shall constitute grounds for immediate exclusion from said hearing by the Presiding Officer. Any person who has been admitted to practice before the Administration may be disbarred from such practice only after he has been afforded an opportunity to be heard. $ 201.25 Statement of interest.
The Administration, in its discretion, may call upon any practitioner for a full statement of the nature and extent of his interest in the subject matter presented by him before the Administration. Attorneys retained on a contingent fee basis shall file with the Administration a copy of the contract of
employment. Practitioners subject to person, corporation, association, firm,
oficial action subject to these Rules shall
be designated as "applicant”. A party
whose petition for leave to intervene is
party as designated in this section may
introduce evidence or examine witnesses
$ 201.31 Public counsel.
The Assistant General Counsel, Chief,
peal cases or any other proceeding gov-
8 201.32 Substitution of parties.
Upon petition and for good cause
shown, the Administration may order &
substitution of parties; except that in
be ordered upon suggestion and without
matter in which he de- the filing of a petition.
Subpart D-Form, Execution and
Service of Documents (Rule 4)
All papers to be filed under the regu-
lations in this part may be reproduced
by printing or by any other process,
provided the copies are clear and legi-
signatory. If typewritten, the impres-
sion shall be on only one side of the
paper and shall be double spaced, ex-
printed, except correspondence and ex-
(b) Documents submitted pursuant
All documents, when tendered for
Such service shall be made by de-
The date of service of documents shall
The original of every document filed
ing shall be accompanied by a certificate
I hereby certify that I have this day served
Dated at ------------ this ------ day of
Subpart E-Time (Rule 5)
In computing any period of time un-