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(b) In determining priority for projects the Administrator shall rank applications in order of the relative effectiveness of the proposed programs giving due weight to comprehensiveness and adequacy of the services to be provided and to the evaluation of the application by the State mental retardation construction authority.

§ 416.96 Federal financial participation.

(a) The Administrator may approve an application for Federal participation up to 75 percentum of eligible compensation costs for the period ending with the close of the 15th month of the initial grant, 60 percentum of such costs for the first year thereafter, 45 percentum of such costs for the second year thereafter, and 30 percentum of such costs for the third year thereafter.

(b) For purposes of this subpart, "compensation" may include remuneration for services, including vacation, holiday and severance pay, sick leave, workmen's compensation and employee insurance, social security taxes and retirement plans cost, and such other benefits in return for services performed as the Administrator finds reasonably necessary to secure the services of qualified personnel in the area.

§ 416.97 Payments.

Payment of the Federal share of the costs of the initial staffing project may be

made quarterly, or for such other period as the Administrator may determine, as an advance for estimated costs or as reimbursement to the grantee.

§ 416.98 Records, audits, and reports.

The applicant shall keep such records as the Administrator shall prescribe, and shall make any books, documents, papers, and records of the applicant that are pertinent available for audit and examination by representatives of the Administrator and the Comptroller General of the United States. The applicant shall also submit such reports or other information as the Administrator may require.

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CHAPTER V-FOREIGN CLAIMS SETTLEMENT

COMMISSION OF THE UNITED STATES

Part

SUBCHAPTER A-RULES OF PRACTICE

500 Appearance and practice before the Commission.

501

502

Subpoenas, depositions, and oaths.

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

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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 D-RECEIPT, 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 1,000 ($500.00) EACH

P

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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

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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

Part

580 Filing of claims and procedures therefor.

SUBCHAPTER A-RULES OF PRACTICE

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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; 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 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.

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(a) No remuneration on account of ervices rendered or to be rendered to or In behalf of any claimant in connection ith any claim falling within the puriew of Subchapter B and Subchapter F f this chapter shall exceed ten per eentum of the amount allowed on account of such claim, except that the Commission in its discretion may fix a esser 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 and Title IV of the Act1 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)

1 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.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 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, the

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