« PreviousContinue »
(b) In determining priority for proj- made quarterly, or for such other period ects the Administrator shall rank ap- as the Administrator may determine, as plications in order of the relative effec- an advance for estimated costs or as tiveness of the proposed programs giving reimbursement to the grantee. due weight to comprehensiveness and
§ 416.98 Records, audits, and reports. adequacy of the services to be provided and to the evaluation of the application The applicant shall keep such records by the State mental retardation con as the Administrator shall prescribe, and struction authority.
shall make any books, documents,
papers, and records of the applicant that § 416.96 Federal financial participation.
are pertinent available for audit and ex(a) The Administrator may approve amination by representatives of the an application for Federal participation Administrator and the Comptroller Genup to 75 percentum of eligible compensa
eral of the United States. The applicant tion costs for the period ending with the
shall also submit such reports or other close of the 15th month of the initial
information as the Administrator may grant, 60 percentum of such costs for
require. the first year thereafter, 45 percentum of such costs for the second year thereafter, $ 416.99 Termination. and 30 percentum of such costs for the
If for any reason the grantee disconthird year thereafter. (b) For purposes of this subpart,
tinues an approved project, the grantee "compensation" may include remunera
shall notify the Administrator in writing tion for services, including vacation, holi giving the reasons for termination, an day and severance pay, sick leave, accounting of funds granted for the workmen's compensation and employee project, and other pertinent information. insurance, social security taxes and re The grant may be terminated, in whole tirement plans cost, and such other bene
or in part, at any time at the discretion fits in return for services performed as of the Administrator. Such termination the Administrator finds reasonably nec
shall not affect obligations incurred essary to secure the services of qualified
prior to the termination of the grant. personnel in the area.
Upon termination or completion of a & 416.97 Payments.
project, the proportion of unexpended Payment of the Federal share of the funds attributable to the Federal grant costs of the initial staffing project may be shall be refunded.
CHAPTER V-FOREIGN CLAIMS SETTLEMENT
COMMISSION OF THE UNITED STATES
SUBCHAPTER A-RULES OF PRACTICE Part 500 Appearance and practice before the Commission. 501 Subpoenas, depositions, and oaths. 502 Employee responsibilities and conduct. 503 Public Information. SUBCHAPTER B-RECEIPT, ADMINISTRATION AND PAYMENT OF CLAIMS UNDER TITLE I OF THE WAR CLAIMS ACT OF 1948, AS AMENDED BY
PUBLIC LAW 91–289, APPROVED JUNE 24, 1970 505 Filing of claims and procedures therefor. 506 Provisions of general application. 507 Eligibility requirements for compensation. 508
Payment. 509 Hearings. SUBCHAPTER C-RECEIPT, ADMINISTRATION, AND PAYMENT OF CLAIMS
UNDER THE INTERNATIONAL CLAIMS SETTLEMENT ACT OF 1949, AS
AMENDED 531 Filing of claims and procedures therefor. SUBCHAPTER DRECEIPT, ADMINISTRATION, AND PAYMENT OF CLAIMS
FOR BALANCE OF 22.5 PERCENT ON AWARDS MADE UNDER THE PROVISIONS OF THE PHILIPPINE REHABILITATION ACT OF 1946 IN EXCESS OF P1,000 ($500.00) EACH 540 Filing of claims and procedures therefor. 541 Provisions of general application. 542 Payment. 543 Hearings. 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.
SUBCHAPTER F-RECEIPT, ADMINISTRATION, AND PAYMENT OF CLAIMS
UNDER TITLE D OF THE WAR CLAIMS ACT OF 1948, AS AMENDED BY
PUBLIC LAW 87-846 Part 580 Filing of claims and procedures therefor.
SUBCHAPTER A-RULES OF PRACTICE
PART 500—APPEARANCE AND PRAC.
TICE 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: The provisions of this part 500 issued under 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: The provisions of this part 500 appear at 28 F.R. 13495, Dec. 13, 1963, unless otherwise noted. $ 500.1 Appearance and practice.
(a) An individual may appear in his own behalf; a member of a partnership may represent the partnership; & bona fide oficer of a corporation, trust or association may represent the corporation, trust or association; an oficer 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 Public Law 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 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 services 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. $ 500.2 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 & claim on behalf of a claimant under Public Law 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 Ommission that counsel no longer presents him, a copy of the Commison’s acknowledgment shall be forarded to such counsel.
(a) No remuneration on account of orvices rendered or to be rendered to or n behalf of any claimant in connection ith any claim falling within the purlew of Subchapter B and Subchapter F f this chapter shall exceed ten per entum of the amount allowed on acount of such claim, except that the !ommission in its discretion may fix a asser per centum with respect to any laim filed thereunder. (b) The total remuneration on acount of services rendered or to be renered to or on behalf of any claimant n connection with any claim falling within the purview of Title III of the Act” shall not exceed ten per centum of he total amount paid on account of such :laim, except that the Commission may 1pon petition, as prescribed in § 5004, n 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 and Title IV of the 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 Public LaW 87–616 (76 Stat. 411)
*Refers to the International Claims Settlement Act of 1949, as amended.
shall not exceed five per centum of the amount paid by the Commission on account of Such application. [28 F.R. 13495, Dec. 13, 1963, as amended at 30 F.R. 13869, Nov. 2, 1965; 33 F.R. 232, Jan. 6, 1968]
§ 500.4 Petitions for additional remuneration pursuant to section 317 (b) of Title III of the Act.”
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 payment 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 allowable, issue an order authorizing such excess, tha