days after written notice to the appellant at such time and place as the Commission may direct.

(c) Where hearing is conducted in accordance with this section, the appellant may present oral argument and submit such additional documentary evidence as the Hearing Officer deems necessary to fully disclose the position of the appellant.

(d) Within 10 days after the close of the hearing, the Hearing Officer will submit to the Commission a report and any recommendation he deems appropriate with respect to the appellant's request for relief.

[37 F.R. 1008, Jan. 21, 1972, as amended at 37 F.R. 3915, Feb. 24, 1972] § 305.28

Decision by Commission.

administratively

feasible,

Where within 10 days of receipt of an appeal or within 10 days of receipt of a Hearing Officer's report where a hearing has been directed

(a) The Commission will issue a decision in writing directed to the appellant setting forth the facts, conclusions of law, its decision, the basis therefor, and an appropriate order.

(b) A copy of the decision and order will be served upon each party to the proceedings.

(c) Where the decision denies the relief requested, in whole or in part, each party will be advised that he may seek judicial review under the Act. Subpart C-Requests for Exceptions § 305.30 Purpose and scope.

(a) Except for those filed by prenotification firms (as defined in § 300.5 of this title) which shall be filed directly with the Price Commission, requests for exceptions are initiated pursuant to Subpart D of Part 401 of this title.

(b) This subpart establishes the rules of practice of the Commission governing initial actions on requests for exceptions and the reconsideration of denials of such requests, in whole or in part. [37 F.R. 1008, Jan. 21, 1972, as amended at 37 F.R. 3915, Feb. 24, 1972]

§ 305.31 Initial action on request for exception.

After considering the record, the Commission will issue a decision in writing setting forth the facts, conclusions of law, its decision and the basis therefor, and an appropriate order.

(a) Where the Commission grants an exception it will serve upon the applicant a copy of its decision and order.

(b) Where the Commission refuses to grant an exception in whole or in part, it will

(1) Serve upon the applicant a copy of its decision and order; and

(2) Advise him that he may request reconsideration of the Commission's denial pursuant to §§ 305.32 through 305.38.

§ 305.32 Scope of review.

The Commission shall reconsider its refusal to grant an exception if the request for reconsideration makes a prima facie showing that the Commission's initial action was erroneous in fact or in law.

(a) Where the Commission determines that the request for reconsideration failed to make a prima facie showing, the Commission may summarily reject the request for reconsideration 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 made a prima facie showing, it will proceed in accordance with the provisions of §§ 305.37 through 305.38.

Any person who meets the requirements set forth in § 305.32 may request reconsideration by the Commission.

§ 305.34 Where to file.

A request for reconsideration shall be filed with the Price Commission, 2000 M Street NW., Washington, DC 20508. § 305.35 When to file.

A request for reconsideration must be filed within 10 days of service of the decision refusing to grant the exception. § 305.36 Contents of request.

A request for reconsideration shall(a) Be in writing and signed by the appellant;

(b) Be designated clearly as a request for reconsideration;

(c) Contain a concise statement of the grounds for reconsideration and the requested relief; and,

(d) Be accompanied by briefs, if any.

(a) If the Commission in its discretion deems that a hearing is advisable, it will, within 10 days of the request for reconsideration, direct that a hearing be held before a Hearing Officer, or where the Commission deemed it appropriate, before the Commission in the first instance.

(b) Where a hearing has been directed in accordance with paragraph (a) of this section, it will be conducted within 10 days after written notice to the appellant at such time and place as the Commission may direct.

(c) Where hearing is conducted in accordance with this section, the appellant may present oral argument and submit such additional documentary evidence as the Hearing Officer deems necessary to fully disclose the position of the appellant.

(d) Within 10 days after the close of the hearing, the Hearing Officer will submit to the Commission a report and any recommendation he deems appropriate with respect to the appellant's request for reconsideration.

§ 305.38 Decision by Commission.

Where administratively feasible, within 10 days of receipt of a request for reconsideration, or within 10 days of a Hearing Officer's report, where a hearing has been directed

(a) The Commission will issue a decision in writing directed to the appellant setting forth the facts, conclusions of law, its decision, the basis therefor, and an appropriate order.

(b) A copy of the decision and order will be served upon each party to the proceedings.

(c) Where the decision denies the relief requested, in whole or in part, each party will be advised that he may seek judicial review under the Act.

Subpart D-Formal Hearings

§ 305.40 Purpose and scope.

(a) To the maximum extent possible, the Commission will conduct formal hearings for the purpose of hearing arguments or acquiring information bearing on a price or rent increase or proposed price or rent increase where such increase or proposed increase has or may have a significantly large impact upon the national economy.

(b) Normally, a formal hearing held pursuant to this section shall be open to the public, but a private formal hearing

may be held to receive information considered confidential under section 205 of the Act.

(c) Normally, a hearing held pursuant to this section shall be held before a Hearing Officer and conducted as described in §§ 305.37 and 305.38. In extraordinary cases, however, the Commission itself may hold such a hearing. Subpart E-Public Comments on Price Commission Regulations and Rulings § 305.50 Purpose and scope.

(a) The provisions of 5 U.S.C. 553 shall be followed for the issuance of all regulations or amendments to regulations by the Commission, to the extent such provisions apply.

(b) In addition, the Commission will accept written comments from members of the public on its regulations or on its published rulings at any time. If in the opinion of the Commission such comments warrant a proceeding similar to a rule making proceeding as provided by 5 U.S.C. 553, the Commission shall conduct such a proceeding pursuant to notice published in the FEDERAL REGISTER. [37 F.R. 1008, Jan. 21, 1972, as amended at 37 F.R. 3915, Feb. 24, 1972]

§ 305.51 Where to file.

A written comment shall be filed with the Price Commission, 2000 M Street NW., Washington, DC 20508.

Subpart F-Hearing Officers

§ 305.60 Appointment of Hearing Offi

(1) To hold prehearing conferences; (2) To administer oaths and affirmations;

(3) To examine or witnesses;

cross-examine

(4) To issue subpenas authorized by the Act and to take or cause depositions to be taken;

(5) To rule upon offers of proof and receive evidence;

(6) To regulate the course and conduct of the hearing, including

(i) Continuing the hearing from day to day or adjourning it to a later date or different place by announcement thereof at the hearing or by other appropriate notice;

(ii) Take official notice of any material fact not appearing in evidence in the record;

(iii) Excluding from the hearing persons who engage in misconduct; and,

(iv) Striking all related testimony of a witness who refuses to answer questions ruled to be proper.

(7) To hold conferences, before or during the hearing, for the settlement or simplification of issues;

(8) To rule on motions and to dispose of procedural requests or similar matters; (9) Where appropriate, to make a report and recommendation to the Commission; and

(10) To render decisions.

(b) The Hearing Officer will conduct the hearing and make final disposition of the matter before him as expeditiously as possible.

(c) The Hearing Officer's authority will terminate:

(1) Upon the filing of an appeal from his decision or upon the expiration of the period within which an appeal to the Commission from his decision may be filed; or

(2) Upon transmission to the Commission of his report and recommendation with the record of the hearing conducted in behalf of the Commission. Subpart G-Review of Initial Commission Decisions on Matters Other Than Exceptions

§ 305.70 Purpose and scope.

(a) Requests for obtaining initial decisions by the Commission other than for exceptions are initiated pursuant to Part 300 of this title.

(b) This subpart establishes the rules of the Commission governing reconsideration of denials of such requests, in whole or in part.

[37 F.R. 1245, Jan. 27, 1972]

§ 305.71 Scope of review.

The Commission shall reconsider its initial action if the request for reconsideration makes a prima facie showing that the Commission's initial action was erroneous in fact or in law.

(a) Where the Commission determines that the request for reconsideration failed to make a prima facie showing, the Commission may summarily reject the request for reconsideration notifying the applicant of its action and advising 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 made a prima facie showing, it will proceed in accord ance with the provisions of §§ 305.37 through 305.38.

[37 F.R. 1245, Jan. 27, 1972] § 305.72

tion.

Who may request reconsidera

Any person who meets the requirements set forth in § 305.71 may request reconsideration by the Commission. [37 F.R. 1245, Jan. 27, 1972]

§ 305.73 Where to file.

A request for reconsideration shall be filed with the Price Commission, 2000 M Street NW., Washington, DC 20508. [37 F.R. 1245, Jan. 27, 1972]

§ 305.74 When to file.

A request for reconsideration must be filed within 10 days of service of the initial decision by the Commission. [37 F.R. 1245, Jan. 27, 1972]

§ 305.75 Contents of request.

A request for reconsideration shall— (a) Be in writing and signed by the appellant;

(b) Be designated clearly as a request for reconsideration;

(c) Contain a concise statement of the grounds for reconsideration and the requested relief; and

(d) Be accompanied by briefs, if any. [37 F.R. 1245, Jan. 27, 1972]

AUTHORITY: The provisions of this Part 311 are issued under the Freedom of Information Act, 5 U.S.C. 552, the Economic Stabilization Act Amendments of 1971 (Public Law 92-210, 85 Stat. 743), and Executive Order 11627, as amended.

SOURCE: The provisions of this Part 311 appear at 37 F.R. 2480, Feb. 1, 1972, unless otherwise noted.

Subpart A-General

§ 311.1 Purpose and scope.

This Part 311 provides the regulations implementing the Freedom of Information Act, 81 Stat. 54, 5 U.S.C. 552 requiring provisions for public inspection of identifiable records in the custody and control of the Commission, except those specifically excluded by the Act, and also implements the policy of the Price Commission to disclose other information insofar as is compatible with the discharge of its responsibilities and with the law.

§ 311.4

Documents which may be inspected and copied.

(a) Except as to documents not required to be disclosed pursuant to § 311.5(a), a person may inspect and copy any document in the possession and custody of the Commission in accordance with the procedure provided in §§ 311.10 to 311.13.

(b) To the extent required to prevent a clearly unwarranted invasion of personal privacy, the custodian may delete identifying details when he makes available for inspection or publishes an opinion, statement of policy, interpretation, or staff manual or instruction, provided that in every case the justification for the deletion is fully explained in writing. § 311.5 Records not required to be dis

closed.

(a) This part does not require disclosure of the following records:

(1) Records specifically required by Executive order to be kept secret in the interest of the national defense or foreign policy;

(2) Records related solely to the internal personnel rules and practices of the Commission;

(3) Records specifically exempted from disclosure by statute, including but not limited to records containing information referred to in section 205 of the Economic Stabilization Act Amendments of 1971;

(4) Records containing trade secrets and commercial or financial information obtained from a person and privileged or confidential;

(5) Interagency or intraagency memoranda or letters which would not be available by law to a party other than an agency in litigation with the Commission;

(6) Personnel and medical files and similar files, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy;

(7) Investigatory files compiled for law enforcement purposes except to the extent available by law to a party other than the Commission and except as authorized in § 311.3(b);

(8) Records contained in, or related to examination, operating or condition reports prepared by, on behalf of, or for the use of an agency responsible for the regulation or supervision of financial institutions; or

(9) Geological and geophysical information and data, including maps, concerning wells.

(b) The Chairman of the Commission, or his delegate, at his discretion may make any record enumerated in paragraph (a) of this section available for inspection when he deems disclosure to be in the public interest, if disclosure is not otherwise prohibited by law. § 311.6 Authentication of records.

(a) The Director has authority to sign and attest or otherwise authenticate copies of records made available under the provisions of this part.

(b) The Director may issue a statement or other document as may be required to show that after diligent search no record or entry as specified in the request could be found.

§ 311.7 Records of other agencies.

(a) A person who requests a record originating in another agency but currently in the custody and control of the Commission should submit his request to inspect the record to the originating agency.

(b) If the originating agency consents, in writing, to make the record available for inspection, it will be made available in accordance with the provisions of this part.

it and which is a final opinion (including concurrent and dissenting opinions), or an order made in an adjudication of a case, or a statement of policy or an interpretation which has been adopted by it and not published in the FEDERAL REGISTER, or an administrative staff manual or instruction which affects any member of the public.

Subpart B-Procedures To Obtain Disclosure

§ 311.10

Who may file a request. Any person may file a request for records.

§ 311.11 Where to file.

A request for a record may be filed by mail or in person with the Director, Office of Administration, Price Commission, 2000 M Street NW., Washington, DC 20508.

§ 311.12 When to file.

A request for records may be filed only between the hours of 8:30 a.m. and 5 p.m., Monday through Friday, excluding Federal Government holidays.

§ 311.13 Form of request.

A request for a record shall be filed on a form designated by the Director, copies of which are available in his office.

Subpart C-Processing Requests

§ 311.20 Review by the Director.

Each request submitted in accordance with §§ 311.10 through 311.13 will be reviewed by the Director to determine whether the record requested is an identifiable record within the meaning of 5 U.S.C. 522(a) (3).

(a) If the Director determines that the record is not identifiable, he will advise the person filing the request and give him a reasonable opportunity to provide additional information to facilitate the identification of the record.

(b) Where the Director determines that the record is identifiable but falls within the exclusions in § 311.5(a) he will so advise the person filing the request, in writing, and deny the request.

(c) Where the Director determines that the record is identifiable and although it falls within the exclusions listed in § 311.5(a) the Commission determines it should be disclosed in the public interest and disclosure is not otherwise prohibited by law, the Direc