whether the increase is otherwise allowable under this part. This subpart does not apply to rent increases for rent controlled units that are subject to the control of a governmental authority under paragraph (b) (1) and (2) of § 301.106. [36 F.R. 25387, Dec. 30, 1971, as amended at 37 F.R. 1357, Jan. 28, 1972] § 301.502 Notification. In the case of a proposed rent increase to which the present lessee of the residence or other real property would be subject (a) Requirement of 30-days' notice. The lessor must notify the lessee of the proposed rent increase at least 30 days before the date it is to become effective; (b) Contents of notice. The notice shall be in writing and shall set forth (1) The amount of the monthly rent before and after the proposed increase; (2) The percentage increase and dollar amount of the proposed increase; (3) The effective date of the proposed increase; (4) The amount of the proposed increase which is attributable to capital improvements, State and local real estate taxes, and State and local fees, levies and charges for municipal services, and any increase allowed under § 301.102(a) (1); (5) The base rent and an explanation of the manner in which the base rent was determined, including identification of units involved and dates and amounts of transactions where applicable; (6) The method of computation of the proposed increase; and (7) The following statements: (A) You have the right to examine the documentation which supports this proposed rent increase in order to satisfy yourself that the proposed rent increase is in accordance with the rent regulations prescribed by the Price Commission. This documentation is located at : and may be inspected upon request between the hours of on days of the week). through (specify (B) If you do not understand the basis for this increase or believe that the increase is not allowable under the rent regulations of the Price Commission, advise us and we will arrange a suitable meeting time with you at a location convenient to your restdence to discuss the proposed increase and explain its justification. (C) It is hereby declared under the penalties of perjury that the foregoing state increase in your rent is not in violation of the Economic Stabilization Regulations. (c) Manner of notification. The notice may be mailed to the lessee at the address of the unit, or delivered to the lessee by any other method, except that where the notice is delivered by anothe method a receipt therefore must be obtained from the lessee or his representative. (d) Records. In the case of a proposed rent increase which prospective lessees may be subject to, the lessor shall make available, upon request, the records otherwise required by § 301.601. (e) Reports of alleged violations. Whenever any person has reason to believe that a violation of these regulations has taken place, he may contact the nearest office of the Internal Revenue Service. However, he must first meet with the lessor as provided by statement (B) in paragraph (b) (7) of this section, and shall provide the Internal Revenue Service with a copy of the notification of the proposed rent increase and a detailed statement in writing as to why he believes there has been a violation. Notwithstanding the foregoing provision, any proposed increase of which the lessee is notified pursuant to this section shall become effective as of the date specified in the notification pending final action with respect to the alleged violation. (f) Retaliatory action. No lessor shall take retaliatory action against any lessee who exercises any rights conferred upon him by this part. For purposes of this paragraph, retaliatory action shall mean any action taken by the lessor including undue or unusual inconvenience, violation of privacy, harassment, reduction in quality or quantity of services, or any form of threat or coercion. Subpart G-Procedure and Administration § 301.601 Special record requirement. (a) General. Each person leasing or offering to lease any residence or other real property shall maintain records showing (1) The base rent charged with respect to each residence or other real property; and (2) The reason for any difference between the base rent and the rent allowable after December 28, 1971. (b) Information and prospective les ments and facts are true to the best of my sees. A person who, after November 13, (our) knowledge and belief; and that the 1971, is leasing or offering to lease any residence or other real property at a rent higher than the rent charged for that residence or other real property during the period beginning on July 16, 1971, and ending on August 14, 1971 (or such earlier time with respect to which the base rent was established) shall inform any prospective lessee of that residence or other real property of the factual justification, under the notification requirements of § 301.502, for the difference between the rent charged during that period and the rent which the lessor proposes to charge. § 301.602 Availability of records. Each person required to maintain a record under § 301.601 or provide a notice under § 301.502 shall make that record or a copy of that notice available, upon the request of any tenant, prospective tenant, or an authorized representative of the Internal Revenue Service or the Price Commission. These records and copies of these notices shall be retained by each person required to maintain or provide them for a period of 4 years. § 301.603 Timely mailing treated as timely filing. (a) General (1) Date of delivery. If any notice, statement, or other document required to be made or filed within a prescribed period or on or before a prescribed date under any provision of this part is, after that period or such date, delivered by U.S. mail to the lessee, officer, or office with which the notice, statement, or other document is required to be made or filed, the date of the U.S. postmark stamped on the cover in which such notice, statement, or other document is mailed is considered to be the date of delivery. (2) Mailing requirements. This subsection applies only if (i) The postmark date falls within the prescribed period or on or before the prescribed date for the making or filing (including any extension granted) of the notice, statement, or other document; and (ii) The notice, statement, or other document was within the time prescribed in subdivision (i) of this subparagraph deposited in the mail in the United States in an envelope or other approprate wrapper, postage prepaid, properly addressed to the lessee, officer, or office with which the notice, statement, or other document is required to be filed. 72-578 0-72 (b) Registered and certified mail— (1) Registered mail. For purposes of this section, if any notice, statement, or other document is sent by U.S. registered mail: (i) The registration is presumptive evidence that the notice, statement, or other document was delivered to the lessee, officer, or office to which addressed; and (ii) The date of registration is considered to be the postmark date. (2) Certified mail. For the purposes of this section, if any notice, statement, or other document is sent by U.S. certified mail and the sender's receipt is postmarked by the postal employee to whom the document is presented (i) The sender's receipt is presumptive evidence that the notice, statement, or other document was delivered to the lessee, officer, or office thereon indicated; and (ii) The date of the postmark is considered to be the postmark date. § 301.604 Time for performance of acts where last day falls on Saturday, Sunday, or legal holiday. When the last day prescribed under this part for performing any act falls on a Saturday, Sunday, or legal holiday, the performance of that act is considered to be timely if it is performed on the next succeeding day which is not a Saturday, Sunday, or a legal holiday. For the purposes of this section, the last day for the performance of any act shall be determined by including any authorized extension of time. As used in this section, "legal holiday" means a legal holiday in the District of Columbia; and in the case of a notice, statement, or other document required to be made or filed, or any other act required under authority of this part to be performed with respect to any housing unit or at any office of the Internal Revenue Service, located outside the District of Columbia but within an internal revenue district, "legal holiday" also means a statewide legal holiday in the State where that office is located. § 301.611 Delegations to Internal Revenue Service. It is the Price Commission's intent, whenever it states in this part that a function is to be performed by the Internal Revenue Service, to effect a delegation to the Secretary of the Treasury and, through a standing delegation by 89 (a) Criminal. Any person who willfully violates any provision of this part or any order issued thereunder shall be subject to a fine of not more than $5,000 for each violation. (b) Civil penalties. A person who violates any provision of this part or any order issued thereunder shall be subject to a civil penalty of not more than $2,500 for each violation. (c) Injunctions and other relief. Whenever it appears to the Price Commission that any individual or organization has engaged, is engaged, or is about to engage in any act or practice constituting a violation of this part or any order issued thereunder, the Commission may request the Attorney General to bring an action in the appropriate district court of the United States to enjoin that act or practice. The relief sought may include a mandatory injunction commanding any person to comply with any such order or regulation and restitution of moneys received in violation of any such order or regulation. [37 F.R. 3829, Feb. 23, 1972] Sec. 305.34 Where to file. When to file. 305.35 305.36 Contents of request. 305.37 Hearing. 305.38 Decision by Commission. Subpart D-Formal Hearings 305.40 Purpose and scope. Subpart E-Public Comments on Price Commission Regulations and Rulings AUTHORITY: The provisions of this Part 305 issued under Economic Stabilization Act of 1970, as amended, Public Law 91-379, 84 Stat. 799; Public Law 91-558, 84 Stat. 1468; Public Law 92-8, 85 Stat. 13; Public Law 9215, 85 Stat. 38; Economic Stabilization Act Amendments of 1971, Public Law 92–210, 85 Stat. 743; Executive Order No. 11627, 36 F.R. 20139, October 16, 1971; Cost of Living Council Order No. 4, 36 F.R. 20202, October 16, 1971. SOURCE: The provisions of this Part 305 appear at 37 F.R. 1008, Jan. 21, 1972, unless otherwise noted. Subpart A-General § 305.1 Purpose and scope. (a) This part establishes procedures for (1) Appealing from adverse actions by the Internal Revenue Service; (2) Initial action on requests for exception and reconsideration of denials of such requests in whole or in part; (3) Formal hearings on price or rent increases or proposed price or rent increases; (4) Public comments on Price Commission regulations and ruling; and, (5) Appointment of Hearing Officer; and, (6) Obtaining reconsideration of initial decisions made by the Price Commission on matters other than exceptions. (b) This part applies to any person aggrieved by a denial of a requested ac tion by IRS or the Commission made on and after the effective date of this part. (c) Where any small business enterprise within the meaning of section 204 (a) of the Economic Stabilization Act Amendments of 1971 files a request, application or appeal under the provisions of this part, it will be accorded expedited handling by affording it priority on the dockets maintained by the Commission for the orderly conduct of its business. [37 F.R. 1008, Jan. 21, 1972, as amended at 37 F.R. 1245, Jan. 27, 1972; 37 FR. 3915, Feb. 24, 1972] For the purpose of this part "Act" means the Economic Stabilization Act of 1970, as amended. "Adverse action" means an action by the Commission or IRS denying a requested action in whole or in part or an interpretation or ruling issued by IRS which is contrary to the position asserted by the person seeking the interpretation or ruling. "Commission" means the Price Commission established pursuant to Executive order or its delegate. "District Director" means the district director of the IRS. "Exception" means an order issued by the Commission to an individual firm waiving the requirements of a specific rule, regulation, or order issued pursuant to the Act. "Hearing Officer" means a person appointed by the Commission to conduct a hearing. "IRS" means the Internal Revenue Service. "Person aggrieved" means a person who increased or seeks to increase a price or rent or a person who is required to pay an increase in rent. "Price adjustment" means a change in the unit price or a decrease in the quality without a proportionate change in the unit price of substantially the same property or services. "Price Commission Ruling" means a Price Commission ruling as defined in § 401.2 of this title. "Regulation" means a regulation issued by the Commission, which appears in Chapter III of Title 6, Code of Federal Regulations. § 305.3 Representation. Representation under this part shall be in accordance with the rules governing authority to practice before the Internal Revenue Service prescribed in § 401.702 of this title. § 305.4 Filing of documents. A document required to be filed with the Commission under this part is considered filed if it has been received at the Commission offices, 2000 M Street NW., Washington, DC 20508. Documents received after regular business hours are deemed filed on the next regular business day. § 305.5 Computation of time. Except as otherwise provided by law, in computing a period of time prescribed or allowed by this part for the doing of any act, the day of the act, event, or default on which the designed period of time begins to run shall not be counted. (a) If the last day of the period falls on a Saturday, Sunday, or Federal legal holiday, the period shall be extended to the next day which is not a Saturday, Sunday, or Federal legal holiday. (b) If the period prescribed or allowed is 7 days or less, an intervening Saturday, Sunday, or Federal legal holiday shall not be counted. (a) All documents required to be served under this part shall be served personally or by registered or certified mail on the person specified in the regulations in this part. (b) Wherever a person is represented by a duly authorized representative, service on the representative shall constitute service on the person. (c) A certificate of service shall be filed for each document served. (d) Service by mail is complete upon mailing. § 305.7 Extensions of time. Where an action is required to be taken within a prescribed time, an extension of time will be granted only upon good cause shown and only where the application is made before the expiration of the time prescribed. § 305.8 Subpenas; witness fees. The Chairman of the Commission or a Hearing Officer may issue subpenas on written application of a party to the proceedings or on their own motion. (a) A subpena may require the attendance of witnesses and/or the production of relevant papers, books and documents in the possession or under the control of the person served. Upon its own initiative or upon the motion of a party, the Commission, the Chairman of the Commission or the Hearing Officer may consolidate two or more appeals or requests for exception which involve substantially the same parties or issues which are closely related, if it or he finds that such consolidation will expedite the proceedings. Subpart B-Appeals from Adverse Actions § 305.20 Purpose and scope. This subpart establishes the rules of the Commission governing the conduct of its administrative review proceedings. (a) The Commission has jurisdiction to consider and decide appeals from adverse actions by IRS. (b) The Commission may review all relevant questions of law and fact. (c) Review will be limited to the evidence in the record before the IRS at the time of the latter's action, except as otherwise directed by the Commission. § 305.21 Who may appeal. Any person aggrieved by an action by IRS issued pursuant to Part 401 of this title may file an appeal with the Commission. § 305.22 Where to file appeal. An appeal shall be filed with the Price Commission, 2000 M Street NW., Washington, DC 20508, and a copy of the appeal shall be sent to the IRS District Director who issued the adverse action appealed from. § 305.23 When to file appeal. An appeal must be filed within 10 days of service by IRS of the adverse action upon which the appeal is based. Appellant must have exhausted his administrative remedies within IRS before filing an appeal. 305.24 Contents of appeal. (a) An appeal must include the following (1) The name and address of the appellant; (2) A clear designation of the document as an appeal to the Commission; (3) A copy of the adverse action appealed from; (4) A concise statement of the facts and contentions; and, (5) A statement of the grounds for appeal and the relief requested; and, (b) Appeals may be accompanied by briefs. § 305.25 Screening of appeals. The Commission will determine whether the appeal contains a prima facie showing that the adverse action was erroneous in law or in fact. deter (a) Where the Commission mines that the appeal has failed to make a prima facie showing with regard to the requirements specified in this section, the Commission may summarily reject the appeal, notifying the applicant of its action and advise him that he has exhausted his administrative remedies, and that he may seek judicial review under the Act. (b) Where the Commission determines that the appellant has established a prima facie showing of an erroneous determination, it will proceed in accordance with the provisions of §§ 305.26 through 305.28. § 305.26 Obtaining record. (a) Upon receipt of a copy of an appeal, the office which took the adverse action on the subject of the appeal will forward to the Commission its entire record in the matter. (b) This record, together with the appeal and briefs, if any, and any statement submitted by IRS will constitute the record on appeal. (c) The Commission on its own motion may request any additional evidence it deems necessary. |