§ 531.6 Hearings.

(a) Hearings, whether upon the Commission's own motion or upon request of claimant, shall be held upon not less than fifteen days' notice of the time and place thereof.

(b) Such hearings shall be open to the public unless otherwise requested by claimant and ordered by the Commission.

(c) 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.

(d) The claimant shall be the moving party, and shall have the burden of proof on all issues involved in the determination of his claim.

(e) Hearings may be stenographically reported either at the request of the claimant or upon the discretion of the Commission. Claimants making such a request shall notify the Commission at least ten (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.

Manila on or before midnight December 23, 1963. Claims not filed within the time limit specified will not be considered except through special action by the Commission.

§ 540.4 Place of filing claims.

All claims must be filed with the Foreign Claims Settlement Commission at its principal office at Washington, D.C., or its field office in Manila, Philippines. Claims mailed in the Philippines to the Commission should be addressed to its Manila office; those mailed in the continental United States or elsewhere should be addressed to the Washington office of the Commission.

§ 540.5 Receipt and acknowledgement of claims.

(a) Claim deemed received: A claim will be considered received by the Commission on the date postmarked, if mailed or if delivery is made in person, on the date when delivered to the principal office or field office of the Commission.

(b) A receipt acknowledgement, which is provided with the claim application form, must be self-addressed and must accompany the claim at the time it is filed. This acknowledgment, when returned to the claimant will be his notice that the claim has been received.

80-153 0-81--4

Sec.

541.9 Posting.

541.10 Completion of program.

AUTHORITY: Sec. 4, 76 Stat. 411; 50 U.S.C. App. 1751-1785 note.

SOURCE: 28 FR 13499, Dec. 13, 1963, unless otherwise noted.

§ 541.1 Eligible claimants.

Only those claimants having unpaid balances due on awards as determined by the Philippine War Damage Commission under the provisions of the Philippine Rehabilitation Act of 1946, or their successors in interest, are eligible to file claims.

§ 541.2

Consideration of claims.

In the event that a claim has been so prepared as to preclude processing thereof, the Commission may request the claimant to furnish whatever supplemental evidence, including the completion and execution of an official form, as may be essential to the processing thereof. If the evidence or official form requested is not received within the time alloted to claimant to furnish such evidence, the claim may be deemed to have been abandoned and will be disallowed.

[29 FR 14594, Oct. 24, 1964]

§ 541.3 Burden of proof.

The claimant shall be the moving party, and shall have the burden of proof on all issues involved in the determination of his right to payment.

§ 541.4 Investigations.

The Commission or its designated representatives shall have the right to make such investigations as may be necessary in carrying out the provisions of the Act.

§ 541.5 Decisions.

Irrespective of the place of filing, processing, or investigation the allowance or denial of a claim will be made by the Commission in Washington, D.C.

§ 541.6 Failure to note change of address. If after claim is filed under Pub. L. 87-616, any communication mailed to the claimant at the last address furnished to the Commission is

returned unclaimed, the claim may be disallowed for failure of the claimant ! to keep the Commission informed of current address. Such claims shall thereupon be sent to the closed files.

§ 541.7 Penalties.

Section 1001, Title 18 of the United States Code provides that whoever, in any matter within the jurisdiction of any department or agency of the United States knowingly and willfully falsifies, conceals or covers up by any trick, scheme, or device a material fact, or makes any false, fictitious or fraudulent statement or representations, or makes or uses any false writing or document, knowing the same to contain any false, fictitious or fraudulent statement or entry, shall be liable to criminal penalties. Any person guilty of any act, as provided therein, with respect to any matter under these provisions shall forfeit all rights under the Act, and, if payment shall have been made or granted, the Commission shall take such action as may be necessary to recover the same. Any person who pays, offers to pay, or promises to pay in excess of 5 per centum of the compensation certified to the claimant by the Commission, for services rendered to claimant in connection with any claim, shall forfeit all rights to benefits and the Commission shall take such action as may be appropriate to recover the same. § 541.8 Notification to claimants.

The Commission shall notify all applicants of the approval or denial of their applications and, if approved, shall notify such applicants of the amount for which such applications are approved.

§ 541.9 Posting.

It shall be the policy of the Commission to post on the bulletin board of the Commission notices of decisions which shall be available for public inspection for a period of 20 days. Other information of general interest to the claimants shall also be posted.

§ 541.10 Completion of program.

The Commission shall complete its consideration of the claims encom

All awards shall be certified to the Secretary of the Treasury of the United States for payment in terms of United States currency at the exchange rate of 2 pesos to 1 dollar. Payments to claimants shall be made in United States dollars or in Philippine pesos at the option of the Secretary of the Treasury and in accordance with such regulations as the Secretary may prescribe.

§ 542.2 Reinvestments in Philippines.

All payments to claimants residing in the Philippines in amounts over 25,000 pesos or equivalent value in dollars shall be subject to the provisions of section 104(c) of the Philippine Rehabilitation Act of 1946. Claimants residing outside the Philippines must establish to the satisfaction of the Commission that since the date of the loss or damage on account of which the original award was made, they have heretofore invested in such manner as furthered the rehabilitation or economic development of the Philippines.

§ 543.1 Basis for hearing.

Any claimant whose application is denied or is approved for less than the amount of such application shall be entitled to a hearing before the Commission or its representative with respect to such application. Hearings may also be held on the Commission's own motion.

§ 543.2 Request for hearing.

Claimant shall immediately notify the Commission, in writing, if a hearing is desired, and shall set forth his reasons in full for requesting the hearing, including any statement of law, or facts upon which the claimant relies. Such notifications must be received by the Commission before December 1, 1964, in order to receive consideration. [29 FR 14594, Oct. 24, 1964]

§ 543.3 Notification to claimant.

Upon receipt of 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, briefs, or other additional evidence relative to an appeal from the award.

§ 543.4 Failure to file request for hearing. The failure to file a request for a hearing within the period specified in § 543.2 will be deemed to constitute a waiver of right to such hearing and the decisions of the Commission shall constitute a full and final disposition of the case.

§ 543.5 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 reported 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 re

porting and transcription may be charged to him.

(c) Such hearings shall be open to the public.

§ 543.6 Résumé of hearing, preparation of.

Upon such hearing, the hearing officer shall prepare a résumé of the hearing, specifying the issues on which the hearing was based, list of documents and contents, and other items relative to such questions introduced as evidence. A brief analysis of oral testimony shall also be prepared and included in such résumé if the hearing was not stenographically reported. If such hearing is held outside the continental limits of the United States, the résumé together with the duplicate claim file shall be returned to the Commission's principal office in Washington, D.C., for appropriate action and final disposition.

§ 543.7 Action by the Commission.

After the conclusion of such hearing and a review of the résumé, the Commission may affirm, modify, or reverse its former action with respect to such claim, including a denial or reduction in the amount of the award theretofore approved. All findings of the Commission concerning the persons to whom compensation is payable, and the amounts thereof, shall be conclusive and not reviewable by any court. § 543.8 Application of other regulations.

To the extent they are not inconsistent with the regulations set forth under provisions of Subchapter D, other regulations of the Commission shall be applicable to the Philippine War Damage claims as provided under Pub. L. 87-616.