Page images
PDF
EPUB

543

Hearings

41

SUBCHAPTER E-RECEIPT, ADMINISTRATION AND PAYMENT OF CLAIMS UNDER PUBLIC LAW 87-587 (CLAIMS FOR DAMAGES TO PROPERTY DUE TO THE RAISING OF THE WATER LEVEL OF LAKE ONTARIO CAUSED BY GUT DAM)

560

Filing of claims and procedure therefor ........

43

SUBCHAPTER F-RECEIPT, ADMINISTRATION AND PAYMENT OF CLAIMS UNDER TITLE II OF THE WAR CLAIMS ACT OF 1948, AS AMENDED BY PUBLIC LAW 87-846 AND PROTESTS UNDER PUBLIC LAW 94-542

580 581

Filing of claims and procedures therefor..........
Filing of protests and procedures therefor..........

46

SUBCHAPTER A-RULES OF PRACTICE

PART 500—APPEARANCE AND PRACTICE BEFORE THE COMMISSION

Sec. 500.1 Appearance and practice. 500.2 Notice of entry or withdrawal of

counsel in claims. 500.3 Fees. 500.4 Petitions for additional remuneration

pursuant to section 317(b) of Title III of

the Act. 500.5 Order allowing fees in excess of ten

percentum of amount paid on account of claims under Title III of the International Claims Settlement Act of 1949, as

amended. 500.6 Suspension of attorneys. 500.7 Restrictions on former employees.

AUTHORITY: Sec. 2, 62 Stat. 1240, as amended, sec. 3, 64 Stat. 13, as amended; 50 U.S.C. App. 2001, 22 U.S.C. 1622.

SOURCE: 28 FR 13495, Dec. 13, 1963, unless otherwise noted.

when the designating organization shall have been issued a letter of accreditation by the Commission. Petitions for accreditation shall be in writing, executed by duly authorized officer or officers, addressed to the Foreign Claims Settlement Commission of the United States, Washington, D.C. Upon receipt of a petition setting forth pertinent facts as to the organization's history, purpose, number of posts or chapters and their locations, approximate number of paid-up membership, statements that the organization will not charge any fee for seryices rendered by its designees in behalf of claimants and that it will not refuse on the grounds of non-membership to represent any claimant who applies for such representation if he has an apparently valid claim, accompanied by a copy of the organization's constitution, or charter, by-laws, and its latest financial statement, the Commission in its discretion will consider and in appropriate cases issue or deny letters of accreditation.

(d) A person may not be represented before the Commission except as authorized in paragraph (a), (b) or (c) of this section.

$ 500.1 Appearance and practice.

(a) An individual may appear in his own behalf; a member of a partnership may represent the partnership; a bona fide officer of a corporation, trust or association may represent the corporation, trust or association; an officer or employee of the United States Department of Justice, when designated by the Attorney General of the United States, may represent the United States in a claim proceeding.

(b) A person may be represented by an attorney at law admitted to practice in any State or Territory of the United States, or the District of Columbia. With respect to Philippine war damage claims under the provisions of Pub. L. 87-616 (76 Stat. 411), a person may also be represented by an attorney at law in good standing with the Philippine Bar Association or the Philippine Supreme Court. However, such attorney may be required to furnish a certificate to this effect.

(c) In cases falling within the purview of Subchapter B of this chapter, persons designated by veterans' service, and other organizations to appear before the Commission in a representative capacity on behalf of claimants shall be deemed duly authorized to practice before the Commission

$ 500.2 Notice of entry or withdrawal of

counsel in claims. (a) Counsel entering an appearance in a claim originally filed by claimant in his own behalf or requesting a substitution of attorneys, and counsel filing a claim on behalf of a claimant under Pub. L. 87-616, shall be required to file an authorization by claimant.

(b) When counsel seeks to withdraw from the prosecution of a claim, it must appear that he has duly notified his client (claimant).

(c) When a claimant advises the Commission that counsel no longer represents him, a copy of the Commission's acknowledgment shall be forwarded to such counsel.

[ocr errors][merged small]

tion ne

nection with any claim falling within the purview of Subchapter B and Subchapter F of this chapter shall exceed ten per centum of the amount allowed on account of such claim, except that the Commission in its discretion may fix a lesser per centum with respect to any claim filed thereunder.

(b) The total remuneration on account of services rendered or to be rendered to or on behalf of any claimant in connection with any claim falling within the purview of Title III of the Act' shall not exceed ten per centum of the total amount paid on account of such claim, except that the Commission may upon petition, as prescribed in $ 500.4, in its discretion enter an order authorizing such remuneration in an amount which exceeds the maximum otherwise permitted.

(c) The total remuneration on account of services rendered or to be rendered to or on behalf of any claimant in connection with any claim falling within Title I, Title IV, Title VI, or Title VII of the International Claims Settlement Act shall not exceed ten per centum of the total amount paid on account of such claim.

(d) No remuneration on account of any services rendered on behalf of any claimant in connection with any claim filed with the Commission under Title V of the International Claims Settlement Act of 1949, as amended (claims against the Government of Cuba and the Chinese Communist regime), shall exceed 10 per centum of so much of the total amount of such claim, as determined by the Commission under Title V of the Act, as does not exceed $20,000, plus 5 per centum of so much of such amount, if any, as exceeds $20,000.

(e) The total remuneration on account of services rendered or to be rendered to or on behalf of any applicant in connection with any application filed under Pub. L. 87-616 (76 Stat. 411) shall not exceed five per centum of the amount paid by the Commission on account of such application. (Pub. L. 96-606) [28 FR 13495, Dec. 13, 1963, as amended at 30 FR 13869, Nov. 2, 1965; 33 FR 232, Jan. 6, 1968; 46 FR 26062, May 11, 1981)

$ 500.4 Petitions for additional remunera.

tion pursuant to section 317(b) of Title

III of the Act. 1 A petition under section 317(b) of the Act for an order authorizing the payment of remuneration in excess of the maximum prescribed by section 317(a) of the Act shall be in writing and verified by the petitioner. It shall include (a) a fully itemized statement of all services at any time rendered by the petitioner on behalf of the claimant in connection with the claim with respect to which the petition is filed, whether rendered before or after the filing of the claim with the Commission, (b) a statement of all remuneration theretofore received by the petitioner on account of such services, and (c) an itemized statement to the best of petitioner's knowledge, information and belief, of all services theretofore at any time rendered by any other person or persons on behalf of the claimant in connection with such claim and of all remuneration paid on account of such other services; shall state in detail such special circumstances of unusual hardships as, in the opinion of the petitioner, justify pay. ment in excess of the maximum remuneration otherwise permitted by section 317(a); shall be accompanied, as exhibits, by all documents including agreements relating to remuneration, available to petitioner evidencing the allegations of his petition; and shall state the total amount of remuneration which it is believed should be authorized.

$ 500.5 Order allowing fees in excess of

ten percentum of amount paid on account of claims under Title III of the International Claims Settlement Act of

1949, as amended. The Commission may, upon the petition described in $ 500.4 and supporting affidavit, after consultation with the claimant and consideration of the evidence, in its sole discretion, upon a finding that there exist special circumstances of unusual hardship which require the payment of a fee in excess of the maximum amount otherwise al

Refers to the International Claims Settlement Act of 1949, as amended.

lowable, issue an order authorizing anyone other than the United States such excess, the said order to specify with respect to a matter which was the amount of such excess.

within the boundaries of his official [28 FR 13495, Dec. 13, 1963, as amended at

responsibility during the last year of 30 FR 13869, Nov. 2, 1965)

his service as an officer or employee of

the Government. 8 500.6 Suspension of attorneys. (a) The Commission may disqualify,

PART 501-SUBPOENAS, or deny, temporarily or permanently, DEPOSITIONS, AND OATHS the privilege of appearing or practicing before it in any way to any person Sec. who is found after a hearing in the 501.1 Extent of authority. matter

501.2 Subpoenas. (1) Not to possess the requisite quali 501.3 Service of process. fications to represent others before 501.4 Witnesses. the Commission; or

501.5 Depositions. (2) To be lacking in character or in. 501.6 Documentary evidence. tegrity or to have engaged in unethical 501.7 Time. or improper professional conduct; or

AUTHORITY: Sec. 2, 62 Stat. 1240, as (3) To have violated sections 10 and

10 and amended, sec. 3, 64 Stat. 13, as amended; 50 214 of the War Claims Act of 1948, as

U.S.C. App. 2001, 22 U.S.C. 1622. amended, or sections 4(f), 317(a), 414, and 512 of the International Claims

SOURCE: 28 FR 13496, Dec. 13, 1963, unless Settlement Act of 1949, as amended,

otherwise noted. or $ 500.3 of Part 500 of the regula

$ 501.1 Extent of authority. tions. · (b) Contemptuous or contumacious (a) Subpoenas, oaths and affirmaconduct at any hearing shall be tions. The Commission or any member ground for exclusion from said hear

thereof may issue subpoenas, adminising and for summary suspension with ter oaths and affirmations, take affiout a hearing for the duration of the davits, conduct investigations and exhearing.

amine witnesses in connection with [28 FR 13495, Dec. 15, 1963, as amended at

any hearing, examination, or investi

gation within its jurisdiction. 30 FR 13870, Nov. 2, 1965)

(b) Certification. The Commission $ 500.7 Restrictions on former employees. or any member thereof may, for the (a) No former officer or employee of

purpose of any such hearing, examinathe executive branch of the United

tion, or investigation, certify the corStates Government, of any independ

rectness of any papers, documents, ent agency of the United States, or of

and other matters pertaining to the

administration of any laws relating to the District of Columbia, shall act in any way as agent or attorney for

the functions of the Commission. anyone other than the United States

$ 501.2 Subpoenas. in connection with any matter before the Commission if he participated in (a) Issuance. A member of the Comthe matter personally and substantial. mission or a designated employee may, ly through decision, approval, disap on his own volition or upon written approval, recommendation, the render- plication by any party and upon a ing of advice, investigation, or other showing of general relevance and reawise, while so employed

sonable scope of the evidence sought, (b) No former officer or employee of issue subpoenas requiring persons to the executive branch of the United appear and testify or to appear and States Government, of any independ produce documents. Applications for ent agency of the United States, or of the issuance of subpoenas duces tecum the District of Columbia, shall, for a shall specify the books, records, correperiod of one year following such sery- spondence, or other documents ice, appear personally before the Com- sought. The subpoena shall show on mission as agent or attorney for its face the name and address of the

80-153 0–81—-2

« PreviousContinue »