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the answering brief, may be filed and served by a party within 7 days after receipt of the answering brief or the day preceding oral argument whichever is earlier. No answer to a reply brief will be permitted. [38 FR 23899, Sept. 4, 1973; 38 FR 32445, Nov. 26, 1973)
§ 1720.385 Length and form of briefs.
(a) No brief shall exceed 60 pages in length except with the permission of the administrative law judge or the appeals officer on the Interstate Land Sales Board and shall contain, in the order indicated, the following:
(1) The title of the proceeding, file number, the name of the party on whose behalf it is submitted and the name and address of his attorney in the matter on the front cover or title page.
(2) Subject index with page references.
(3) Table of cases alphabetically arranged, statutes, texts, and other authorities and materials cited, with page references.
(4) A concise statement of the facts of the case, without argument.
(5) A concise statement of the questions sought to be raised.
(6) The argument, presenting clearly the points of fact and law relied upon in support of the position taken on each question with specific page references to the record so far as available, and to legal authority or other material relied upon in support of statements contained in the argument.
consider such parts of the record as are cited or as may be necessary to resolve the issues and, in addition, will, to the extent necessary or desirable, exercise all the powers which he could have exercised if he had made the initial decision. Unless exceptional circumstances are present, however, all appeals and reviews will be determined upon the record made before the administrative law judge.
(b) In rendering his decision, the appeals officer may affirm, reverwe, modify, set aside or remand for further proceedings, in whole or in part, the initial decision by the hearing officer, and shall include in his decision a statement of the reasons or bases for his action and any concurring or dissenting opinions.
(c) In those cases where the appeals officer believes that he should have further information or additional arguments of the parties as to the form and content of the rule or order to be issued, he may withhold final decision pending the receipt of such additional information or argument under procedures specified.
(d) The decision of the appeals offi. cer shall be final, and shall become the decision of the Secretary 30 days after service thereof upon the parties, unless the appeals officer determines that the protection of the public interest necessitates an earlier effective date under the circumstances, in which event he will specify in the order his specific findings as to such circumstances.
$ 1720.390 Oral argument.
Oral arguments will not be heard in cases on appeal to the appeals officer on the Interstate Land Sales Board unless the officer otherwise orders, and stenographic or mechanical record of such oral argument may be made, in the officer's discretion. The purpose of oral argument is to emphasize and clarify the written argument appear. ing in the briefs and to answer questions.
$ 1720.405 Reconsideration.
Within 10 days after completion of service of a decision by an appeals offi. cer on the Interstate Land Sales Board, any party may file with the Interstate Land Sales Board a petition for reconsideration of such decision, setting forth the relief desired and the grounds in support thereof. Any petition filed hereunder must relate to new questions raised by the decision or final order and upon which the petitioner had no opportunity to argue before an appeals officer on the Interstate Land Sales Board. Any party desiring to oppose such a petition shall file an answer thereto within 10 days
§ 1720.400 Decision on appeal or review.
(a) Upon appeal from or review of an initial decision, the appeals officer on the Interstate Land Sales Board will
after service upon him of the petition. cer's or employee's participation in, The filing of a petition for reconsider- knowledge of, and connection with the ation shall not operate to stay the el. proceeding or investigation during his fective date of the decision or order to service with the Department of Houstoll the running of any statutory ing and Urban Development; (2) period affecting such decision or order whether the files of the proceeding or unless specifically so ordered by the investigation came to his attention; (3) Interstate Land Sales Board.
whether he was employed in the same
office, division, or administrative unit Subpart E-Miscellaneous Rules in which the proceeding or investiga
tion is or has been pending; (4) wheth$ 1720.410 Qualifications for appearances.
er he worked directly or in close asso(a) Members of the bar of a Federal
ciation with Office of Interstate Land Court or of the highest court of any
Sales Registration personnel assigned state or of the United States are eligi
to the proceeding or investigation; (5) ble to practice before the Secretary.
whether during his service with the No register of attorneys will be main
Department of Yousing and Urban tained.
Development he was engaged in any (b) Any individual or member of a
matter concerning the individual, compartnership involved in any proceed
pany, or industry in the proceeding or ing or investigation may appear on
investigation. behalf of himself or of such partner
(c) The requested authorization will ship upon adequate identification. A not be given in any case: (1) Where it corporation or association may be rep- appears that the former officer or emresented by a bona fide officer thereof ployee during his service with the Deupon a showing of adequate authoriza- partment of Housing and Urban Detion.
velopment participated personally and (c) A person shall not be represented substantially in the proceeding or inexcept as stated in paragraphs (a) and vestigation, or (2) where the applica(b) of this section unless otherwise
tion is filed within one (1) year after permitted.
termination of the former officer's or
employee's service with the Depart$ 1720.415 Restrictions on appearances as ment of Housing and Urban Develop
to former officers and employees. ment and it appears that within a (a) Except as specifically authorized
period of one (1) year prior to the terby the Secretary, no former officer or
mination of his service the proceeding employee of the Department of Hous
or investigation was within the official ing and Urban Development shall
responsibility of the former officer or appear as attorney or counsel or oth- employee. In other cases, authorizaerwise participate through any form
tion will be given where the Secretary of professional consultation or assist
is satisfied that the appearance or parance in any proceeding or investiga- ticipation will not involve any actual tion, formal or informal, which was
conflict of interest or impropriety pending in any manner in the Office thereof. of Interstate Land Sales Registration (d) In any case in which a former of. while such former officer or employee ficer or employee of the Department served with the Department of Hous- of Housing and Urban Development is ing and Urban Development.
prohibited under this section from ap(b) In cases to which paragraph (a) pearing or participating in a proceedof this section is applicable, a former ing or investigation, any partner or officer or employee of the Department legal or business associate of such of Housing and Urban Development former officer or employee shall like. may request authorization to appear wise be so prohibited unless: (1) Such or participate in a proceeding or inves- partner or legal or business associate tigation by filing with the Secretary a files with the Secretary an affidavit written application disclosing the fol- that in connection with the matter the lowing relevant information: (1) The services of the disqualified former offinature and extent of the former offi. cer or employee will not be utilized in any respect and the matter will not be (c) Form. Except as otherwise perdiscussed with him in any manner, and mitted, all documents shall be printed, that the disqualified former officer cr typewritten, or otherwise processed in employee shall not share, directly or clear legible form and on good ungindirectly, in any fees or retainers re
lazed paper. ceived for services rendered in connection with such proceeding or investiga
1720.435 Time computation. tion; (2) the disqualified former officer Computation of any period of time or employee files an affidavit stating prescribed or allowed by the rules and that he will not participate in the regulations in this part, or by order of matter in any manner, and that he the Secretary or his designee or of an will not discuss it with any person in- administrative law judge, shall begin volved in the matter; and (3) upon the with the first business day following basis of such affidavits, the Secretary that on which the act, event, developdetermines that the appearance or ment or default initiating such period participation by the partner or asso- of time shall have occurred. When the ciate would not involve any actual con- last day of the period so computed is a flict of interest or impropriety thereof. Saturday, Sunday, or national holiday,
or other day on which the Department § 1720.425 Standards of practice.
of Housing and Urban Development is (a) Attorneys shall conform to the closed, the period shall run until the standards of professional and ethical
end of the next following business day. conduct required by practitioners in
Except when any prescribed or althe courts of the United States and by
lowed period of time is 7 days or less, the bars of which the attorneys are
each of the Saturdays, Sundays, and members.
national holidays shall be included in (b) The privilege of appearing or
the computation of the prescribed or
allowed period. practicing may be denied, temporarily or permanently, to any person who is
$ 1720.440 Service. found after notice and opportunity for hearing which at his request or in the
Service of notices, orders, processes, discretion of the Secretary may be pri
determinations and other documents vate, and for presentation of oral argu
required or permitted to be served ment in the matter (1) not to possess
under these rules may be effected as
follows: the requisite qualifications to represent others, or (2) to be lacking in
(a) Upon the Secretary. By personal character or integrity or (3) to have
delivery at the office, or by registered engaged in unethical or improper pro
or certified mail addressed to the fessional conduct.
office of any of the following officials
in the Office of Intrastate Land Sales (c) Contemptuous conduct at any
Registration: Administrator; Deputy hearing shall be grounds for summary
Administrator; Assistant Deputy Adexclusion from said hearing for the
ministrator; Director, Examination Diduration of the hearing.
vision; or Director, Administrative 8 1720.430 Form and filing requirements.
(b) Upon any other person. By deliv(a) Filing. Except as otherwise per. 'ery of a copy of the documents to the mitted, six copies of all documents
person to be served wherever he may shall be filed with the Office of Inter
be found, or by leaving such copy at state Land Sales Registration, Depart
his office or place of business with a ment of Housing and Urban Develop
person apparently in charge thereof, ment, Washington, D.C. 20411, on offi
or, if there is no one in charge or if cial work days between the hours of
the office is closed or if he has no 8:45 a.m. and 5:15 p.m.
office, by leaving a copy at his resi(b) Title. Documents shall clearly dence with some person of suitable age show the file, docket number, and title and discretion then residing therein, of the action in connection with which or by sending a copy by registered or they are filed.
certified mail, return receipt request
Subpart - Interstate Land Sales
Board and Appeals Officers
§ 1720.500 Functions of the Interstate
Land Sales Board and appeals officers. There is hereby established within the Department of Housing and Urban Development an Interstate Land Sales Board, the members of which are designated as appeals officers and may be appointed from time to time by the Secretary. The functions, powers, and responsibilities delegated to an appeals officer designated from the Board as the authorized representative of the Secretary shall be to hear, consider and determine fully and finally appeals from decisions made pursuant to the rules in this part by administrative law judge and to conduct hearings pursuant to 15 U.S.C. 1715.
ed, addressed to the person at his last known residence, or at his or its last known principal office or place of business. If the address of the residence, principal office, or place of business is unknown and cannot with due diligence be ascertained, service by mail may be made to any office at which the person to be served is known to be employed.
(c) Service on corporations, partner. ships, associations, other entities. Service may be made upon any corporation, partnership, business association or other entity by serving any officer, director, partner, trustee, agent for service or managing agent thereof. A managing agent, within the meaning of this subsection, is an agent having the principal managerial responsibility in connection with the regular operation of a distinct office or activity of the enterprise.
(d) Service through attorney. When a person other than the Secretary and his staff shall have appeared of record in a proceeding, generally or specially, by attorney, all subsequent services of notices, orders, processes, and other documents in connection with such proceeding may be made upon such person by serving the attorney, except that subpoenas and other orders by which such person may be brought in contempt shall be served upon him by one of the methods described in paragraphs (b) and (c) of this section. In any case, copies of documents not served by serving such attorney shall be promptly sent to him; but service on such person shall be effective without proof that copies so sent were received.
(e) Proof of service. Proof of service shall not be required unless the fact of service is seasonably put in issue by appropriate motion or objection on the part of the person allegedly served or other party. In such cases, service may be established by written admission signed by or on behalf of the person to be served, or may be established prima facie by affidavit or certificate of service or mailing, as appropriate. When service is by registered or certified mail, it is complete upon delivery of the document by the post office.
§ 1720.510 Composition of the Interstate
Land Sales Board. The Board shall consist of rour (4) appointed employees of the Department of Housing and Urban Development designated as appeals officers, other than employees in the Office of Interstate Land Sales Registration. An appeals officer on the Board shall be available at all times for the hearing of each appeal. Records of proceedings before an appeals officer shall be kept by a Secretary to the Board who shall be an employee of the Office of General Counsel.
$ 1720.520 Decisions of appeals officer.
A decision of an appeals officer shall be considered the final action on behalf of the Secretary on matters properly before such officer pursuant to the rules in this part.
§ 1720.525 Reconsideration of final deci
sion of appeals officer. Any hearing for reconsideration pursuant to § 1720.405 of this part shall be heard by any three of the four appeals officers who shall sit in review as the Interstate Land Sales Board.
§ 1720.530 Department representative.
In each case being heard before an administrative law judge or an appeals officer, pursuant to this part, the De