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in writing, and shall set forth in such request his reasons in full for requesting the hearing, including any statement of law, or facts upon which the claimant relies.
guardian, committee, conservator or curator, or if there is no such natural or legal guardian, committee, conservator or curator then, in the discretion of the Commission, to any person, including the spouse of such person, or the Chief Officer of the hospital in which the claimant may be a patient, whom the Commission may determine is vested with the care of the claimant. In the case of a minor, any part of the amount payable may, in the discretion of the Commission, be certified for payment in such minor.
8 509.3 Notification to claimant.
Upon receipt of such a request the Commission shall schedule a hearing and notify the claimant as to the date and place such hearing is to be held. No later than 10 days prior to the scheduled hearing date, claimant shall submit all documents, brief, or other additional evidence relative to an appeal from the award.
8 508.3 Reissuance of awards.
Upon the death of any claimant entitled to payment of an award, the Commission will cause the award to be cancelled and the amount of such award will be redistributed to the survivors of the same class or to members of the next class of eligible survivors, if appropriate, in the order of preference as set forth under the Act.
$ 509.4 Failure to file request for hearing.
The failure to file a request for a hearing within the period specified in $ 509.2 will be deemed to constitute a waiver of right to such hearing and the decision of the Commission shall constitute a full and final disposition of the case.
Sec. 509.1 Basis for hearing. 509.2 Request for hearing. 509.3 Notification to claimant. 509.4 Failure to file request for hearing. 509.5 Purpose of hearing. 509.6 Résumé of hearing, preparation of. 509.7 Action by Commission. 509.8 Application of other regulations.
AUTHORITY: Sec. 2, 62 Stat. 1240; 50 U.S.C. App. 2001.
SOURCE: 35 FR 14460, Sept. 15, 1970, unless otherwise noted.
8 509.1 Basis for hearing.
Any claimant whose application is denied or is approved for less than the full allowable amount of such claim. shall be entitled to a hearing before the Commission or its representative with respect to such claim. Hearings may also be held on the Commission's own motion.
8 509.5 Purpose of hearing.
(a) Such hearings shall be conducted by the Commission, its designee or designees. Oral testimony and documentary evidence, including depositions that may have been taken as provided by statute and the rules of practice, may be offered in evidence on claimant's behalf or by counsel for the Commission designated by it to represent the public interest opposed to the allowance of any unjust or unfounded claim or portion thereof, and either may cross-examine as to evidence offered through witnesses on behalf of the other. Objections to the admission of any such evidence shall be ruled upon by the presiding officer.
(b) Such hearings may be stenographically recorded either at the request of the claimant or at the discretion of the Commission. Claimants making such a request shall notify the Commission at least 10 days prior to the hearing date. When a stenographic record of a hearing is ordered at the claimant's request, the cost of such reporting and transcription may be charged to him.
(c) Such hearings shall be open to the public.
8 509.2 Request for hearing.
Within 30 days after the Commission's notice of denial of a claim or approval for a lesser amount than claimed, has been posted by the Commission, the claimant, if a hearing is desired, shall notify the Commission
$ 509.6 Résumé of hearing, preparation of such claim, including a denial or re
Upon such hearing, the hearing offi- duction in the amount of the award cer shall prepare a résumé of the hear
theretofore approved. All findings of ing, specifying the issues on which the the Commission concerning the perhearing was based, list of documents sons to whom compensation is pay. and contents, and other items relative able, and the amounts thereof, shall to such questions introduced as evi be conclusive and not reviewable by dence. A brief analysis or oral testimo- any court. ny shall also be prepared and included in such résumé of the hearing not $ 509.8 Application of other regulations. stenographically reported.
To the extent they are not inconsist. $ 509.7 Action by the Commission.
ent with the regulations set forth
under provisions of Subchapter B, After the conclusions of such hear
other regulations of the Commission ing and a review of the résumé, the
shall be applicable to the claims as Commission may affirm, modify, or re
provided under Pub. L. 91-289. verse its former action with respect to
SUBCHAPTER C-RECEIPT, ADMINISTRATION, AND PAYMENT OF
CLAIMS UNDER THE INTERNATIONAL CLAIMS SETTLEMENT
PART 531-FILING OF CLAIMS AND 1960, and subsections (b) and (c) of PROCEDURES THEREFOR
section 304, title III of the Interna
tional Claims Settlement Act of 1949, Sec.
as amended by Public Law 90-421, re531.1 Time for filing.
spectively, must be filed with the 531.2 Form, content and filing of claims. Commission on or before June 30, 531.3 Exhibits and documents in support 1970. of claim.
(h) Claims against the Government 531.4 Acknowledgement and numbering. 531.5 Procedure for determination of
of Hungary, in accordance with the claims.
Hungarian Claims Agreement of 531.6 Hearings.
March 6, 1973, subsection (5) of sec531.7 Presettlement conference.
tion 303, and claims referred to under AUTHORITY: Sec. 3, 64 Stat. 13, as amend
subsection (d) of section 306, Title III ed; 22 U.S.C. 1622.
of the International Claims SettleSOURCE: 28 FR 13498, Dec. 13, 1963, unless
ment Act of 1949, as amended by Pub. otherwise noted.
L. 93-460, approved October 20, 1974,
must be filed with the Commission on $ 531.1 Time for filing.
or before May 15, 1975. (a) Claims under Title III of the Act (i) Claims under Title VI of the Act shall be filed with Commission on or
against the German Democratic Rebefore September 30, 1956, except that public shall be filed on or before May claims pursuant to section 305 (Soviet 16, 1978. claims) shall be filed on or before (1) Claims under Title VII of the Act March 31, 1956.
against Vietnam shall be filed on or (b) Claims under Title IV (Czecho before July 31, 1982. slovakian claims) of the Act shall be (Pub. L. 96-606) filed with the Commission on or
(28 FR 13498, Dec. 13, 1963, as amended at before September 15, 1959.
30 FR 13870, Nov. 2, 1965; 32 FR 413, Jan. (c) Claims under Title I of the Act
14, 1967; 32 FR 15641, Nov. 10, 1967; 33 FR (Polish claims) shall be filed with the
232, Jan. 6, 1968; 35 FR 82, Jan. 3, 1970; 39 Commission on or before March 31, FR 40249, Nov. 15, 1974; 42 FR 24741, May 1962.
16, 1977; 46 FR 26062, May 11, 1981) (d) Claims under Title V of the Act (Cuban claims) shall be filed with the $ 531.2 Form, content and filing of claims. Commission on or before May 1, 1967.
(e) Claims under Title I of the Act (a) Claims shall be filed on official pursuant to the Yugoslav Claims
forms provided by the Commission Agreement of November 5, 1964, shall
upon request in writing addressed to be filed with the Commission on or
the Commission at its principal office before January 15, 1968.
at Washington, D.C., shall include all (f) Claims under Title V of the Act of the information called for in the apagainst the Chinese Communist propriate form indicated below, and regime shall be filed with the Commis- shall be completed and signed in acsion on or before July 6, 1969.
cordance with the instructions accom(g) Claims against the Governments panying the form. of Bulgaria, Rumania, and Italy, in ac- (b) FCSC Form 285-Statement of cordance with the Bulgarian Claims Claim Against the Government of Agreement of July 2, 1963, the Ruma- (Bulgaria, Hungary, Rumania, Italy, nian Claims Agreement of March 30, Soviet Union).
$ 531.3 Exhibits and documents in support
of claim. (a) If available, all exhibits and documents shall be filed with and at the same time as the claim, and shall, wherever possible, be in the form of original documents, or copies of originals certified as such by their public or other official custodian.
(b) Documents in foreign language: Each copy of a document, exhibit or paper filed, which is written or printed in a language other than English, shall be accompanied by an English translation thereof duly verified under oath by its translator to be a true and accurate translation thereof, together with the name and address of the translator.
(c) Preparation of papers: All claims, briefs, and memoranda filed shall be typewritten or printed and, if typewritten, shall be on legal size paper.
(c) FCSC Form 604–Claim against the Government of Czechoslovakia.
(d) FCSC Form 709-Claim against the Government of the Polish People's Republic.
(e) FCSC Form 666-Claims aganist the Government of Cuba.
(f) FCSC Form 701–Claims against the Government of Yugoslavia under the Yugoslav Claims Agreement of November 5, 1964.
(g) FCSC Form 780—Claims against the Chinese Communist regime.
(h) FCSC Form 285-A-Statement of Claim against the Government of (Bulgaria, Rumania, and Italy under Title III of the International Claims Settlement Act of 1949, as amended by Pub. L. 90-421, approved July 24, 1968; and Hungary in accordance with the Hungarian Claims Agreement of March 6, 1973, subsection (5) of section 303, and subsection (d) of section 306, Title III of the International Claims Settlement Act of 1949, as amended by Pub. L. 93-460, approved October 20, 1974).
(i) FCSC Form 542_Statement of Claim against the German Democratic Republic.
(j) FCSC Form 606—Statement of Claim against Vietnam.
(k) Notice to the Foreign Claims Settlement Commission, the Department of State, or any other governmental office or agency, prior to the enactment of the statute authorizing a claims program or the effective date of a lump-sum claims settlement agreement, or an intention to file a claim against a foreign country, shall not be considered as a timely filing of a claim under the statute or agreement.
(1) Any initial written indication of an intention to file a claim received within 30 days prior to the expiration of the filing period thereof shall be considered as a timely filing of a claim if formalized within 30 days after the expiration of the filing period. (Pub. L. 96-606) [28 FR 13498, Dec. 13, 1963, as amended at 30 FR 13870, Nov. 2, 1965; 32 FR 413, Jan. 14, 1967; 33 FR 232, Jan. 6, 1968; 35 FR 82, Jan. 3, 1970; 39 FR 40249, Nov. 15, 1974; 42 FR 24741, May 16, 1977; 46 FR 26062, May 11, 1981)
$ 531.4 Acknowledgement and numbering.
The Commission will acknowledge the receipt of a claim in writing and will notify the claimant of the claim number assigned to it, which number shall be used on all further correspondence and papers filed with regard to the claim. $ 531.5 Procedure for determination of
claims. (a) The Commission may on its own motion order a hearing upon any claim, specifying the questions to which the hearing shall be limited.
(b) Without previous hearing, the Commission or a designated member of the staff may issue a Proposed Decision in determination of a claim.
(c) Such proposed decision shall be delivered to the claimant or his attorney of record in person or by mail. Delivery by mail shall be deemed completed 5 days after the mailing of such proposed decision addressed to the last known address of the claimant or his attorney of record. One copy of the proposed decision shall be available for public inspection at the office of the Commission. Notice of proposed decision shall be posted on the bulletin board at the office of the Commission on the day of its issuance and for 20 days thereafter.
(d) It shall be the policy of the Com- award to the Secretary of the Treasmission to post on said bulletin board ury for payment, if the payment of other information of general interest such award is provided for by statute. to the claimants before the Commis- (2) Notice of the Commission's sion.
action under this paragraph shall be (e) When such proposed decision
forwarded to the claimant's attorney denies the claim in whole or in part,
of record, or if claimant is not repreclaimant may within 15 days of service
sented by an attorney, such notice thereof file objections to such denial,
shall be addressed to the estate of the assigning the errors relied upon, with
claimant at the last known place of accompanying brief in support there
residence. of, and may request a hearing on the
(3) The term “legal representative" claim, specifying whether for the taking of evidence or only for the
as applied in this paragraph means, in hearing of oral argument upon the
general, the administrator or executor, errors assigned.
heir(s), next of kin, or descendant(s). (f) Public notice shall be promptly
(k) After the date of filing with the posted on said bulletin board of the Commission no claim shall be amendfiling of any objections to, or request ed to reflect the assignment thereof for a hearing on any proposed deci- by the claimant to any other person or sion.
entity except as otherwise provided by (g) Upon the expiration of 30 days statute. after such service or receipt of notice, (1) At any time after a final decision if no objection under this section has
has been issued on a claim, or a proin the meantime been filed, such pro
posed decision has become the final
posed decision posed staff decision, when approved by decision on a claim, but not later than the Commission, shall become the
60 days before the completion date of Commission's final determination and
1 and the Commission's affairs in connection decision on the claim. A proposed deci
with the program under which such sion approved by the Commission may
claim is filed, a petition to reopen on become final after 30 days without
the ground of newly discovered evifurther order or decision by the Commission.
dence may be filed. No such petition
shall be entertained unless it appears (h) If any such objections have in the meantime been filed, but no hear
therein that the newly discovered eviing requested, the Commission may,
dence came to the knowledge of the after due consideration thereof, (1)
party filing the petition subsequent to issue its final decision affirming or the date of issuance of the final decimodifying its proposed decision, (2) sion or the date on which the proissue a further proposed decision, or posed decision became the final deci(3) on its own motion order hearing sion; that it was not for want of due thereon, indicating whether for the diligence that such evidence did not taking of evidence on specified ques- come sooner to his knowledge; and tions or only for the hearing of oral that the evidence is material, and not argument.
merely cumulative, and that reconsid(i) After the conclusion of a hearing, eration of the matter on the basis of upon the expiration of any time al such evidence would produce a differlowed by the Commission for further
ent decision. Such petition shall insubmissions, the Commission may pro clude a statement of the facts which ceed to final decision and determina
the petition expects to prove, the tion of the claim.
name and address of each witness, the (j)(1) In case an individual claimant
identity of documents, and the reasons dies prior to the issuance of a Final
for failure to make earlier submission Decision his legal representative shall
of the evidence. be substituted as party claimant. However, upon failure to comply with the [28 FR 13498, Dec. 13, 1963, as amended at foregoing, the Commission may issue 30 FR 13870, Nov. 2, 1965; 32 FR 413, Jan. its decision in the name of the estate 14, 1967; 44 FR 59908, Oct. 17, 1979) and, in case of an award, certify the