ter in which the United States is a party or has a direct and substantial interest and which was under his official responsibility at any time within 1 year preceding termination of such responsibility. The term "official responsibility" means the direct administrative or operating authority, whether intermediate or final, and either exercisable alone or with others, and either personally or through subordinates, to approve, disapprove, or otherwise direct Government action (18 U.S.C. 202(b) 207(b)). [PR-115, 35 F.R. 18193, Nov. 28, 1970] § 300.15 [Reserved] Waiver of §§ 300.13 and § 300.16 300.14. A former Board member or employee with outstanding scientific or technological qualifications, who is disqualified from acting in a representative capacity under the provisions of §§ 300.13 or 300.14, may nevertheless participate in a proceeding in a scientific or technological field pursuant to the terms of a certificate issued in compliance with the proviso following 18 U.S.C. 207 (a) and (b). [PR-75, 28 F.R. 2708, Mar. 20, 1963] § 300.17 Disqualification of partners of Board members and employees. No partner of a Board member or employee, including a special Board employee, shall act as agent or attorney for anyone other than the United States in any Board proceeding or matter in which such member or employee participates or has participated personally and substantially through decision approval, disapproval, recommendation, rendering advice, investigation, or otherwise, or which is the subject of his official responsibility. (18 U.S.C. 207 (c).) of his employment with the Board without first applying for and obtaining the consent of the Board for the use of such facts or information. [PR-75, 28 F.R. 2708, Mar. 20, 1963] § 300.20 Violations. (a) The Board may disqualify and deny temporarily or permanently, the privilege of appearing or practicing before it in any way to any person who is found after hearing by the Board to have engaged in unethical or improper professional conduct. Violation of any of the foregoing principles shall be deemed to be such conduct. (b) Where appropriate in the public interest, the Board may deny any application or other request of a party in a proceeding subject to this part where the Board finds that such party has, in connection with such proceeding, violated any provisions of this part or any provisions of Chapter 11 of Title 18 of the United States Code. (PR-10, 16 F.R. 2932, Apr. 4, 1951; PR-43, 25 F.R. 12432, Dec. 6, 1960. Redesignated and amended by PR-75, 28 F.R. 2706, Mar. 20, 1963] [PR-75, 28 F.R. 2708, Mar. 20, 1963] 302.10 Substitution of parties. Appearances; rights of witnesses. Joinder of complaints or com plainants. Participation in hearing cases by persons not parties. cases. Computation of time. Continuances and extensions of time. 302.18 Motions. 302.19 Subpenas. 802.25 802.26 802.27 802.28 802.29 802.30 802.31 302.32 802.33 802.35 802.36 802.37 302.38 802.39 802.40 Hearings. Argument before the examiner. before the examiner or the Board. Delegation to examiners and action by examiners after hearing. Petitions for discretionary review of initial decisions; review proceedings. Tentative decision of the Board. Exceptions to recommended decisions of examiners or tentative decisions of the Board. Briefs before the Board. Oral argument before the Board. Waiver of procedural steps after hearing. Shortened procedure. Final decision of the Board. Petitions for rule making. Objections to public disclosure of Subpart B-Rules Applicable to Economic 802.200 Applicability of this subpart. 302.201 802.202 Formal complaints. Subscription and verification. 802.203 Insuficiency of formal complaint. 802.204 Third-party complaints. 802.205 Procedure when no enforcement proceeding is instituted. 302.206 Docketing of petition for enforce ment. 802.207 Answer. Effect of failure to file notice or 302.214 Appearances by persons not parties. 802.215 Offers of settlement. 802.216 Evidence of previous violations. 802.217 Motions for immediate suspension of operating authority pendente lite. Subpart C-Rules Applicable to Mail Rate 802.300 Applicability of this subpart. FINAL MAIL RATE PROCEEDINGS 802.302 Participation by persons other than parties. 802.303 Institution of proceedings. PROCEDURE WHEN AN ORDER TO SHOW CAUSE IS ISSUED 802.304 Order to show cause. 302.405 Dismissal of incomplete applica tion. 302.406 Answers to applications for exemptions. 302.1413 302.1414 302.1415 Contents of application. Service of application and answer. Motions to consolidate. Reply to answers. Procedures after filing of answers and reply. Hearing. Briefs to the examiner. Examiner's initial decision. AUTHORITY: The provisions of this Part 302 issued under secs. 101, 204, 401, 403, 406, 416, 1001, 1002 of the Federal Aviation Act of 1958, as amended, 72 Stat. 737, 743, 754, 758, 763, 771, 788; 49 U.S.C. 1301, 1324, 1371, 1373, 1376, 1386, 1481, 1482. Also, 80 Stat. 383 384, 385, 386, 387, 388, 81 Stat. 54; 5 U.S.C. 552, 553, 554, 555, 556, 557, 558; and Reorganization Plan No. 3 of 1961, 75 Stat. 837, 26 F.R. 5989. SOURCE: The provisions of this Part 302 contained in PR-112. 35 F.R. 9824, June 16, 1970, unless otherwise noted. (a) Applicability. This part governs the conduct of all economic proceedings before the Board whether instituted by order of the Board or by the filing with the Board of an application, complaint, petition, or a section 412 contract or agreement. This part also contains the Board's delegation to hearing examiners pursuant to Reorganization Plan No. 3 of 1961 of the Board's function to render the agency decision in certain cases, subject to discretionary review by the Board. The provisions of Part 263 of this chapter of the Economic Regulations are applicable to participation of air carrier associations in proceedings under this part. Proceedings involving "Alaskan air carriers" are governed by the rules in this part, except as modified by Part 292 of this chapter. (b) Description. Subpart A of this part sets forth general rules applicable to all types of proceedings. Each of the other subparts of this part sets forth special rules applicable to the type of proceedings described in the title of the subpart. Therefore, for information as to applicable rules, reference should be made to Subpart A and to the rules in the subpart relating to the particular type of proceeding, if any. In addition, reference should be made to the Federal Aviation Act, the Board's Principles of Practice (Part 300 of this subchapter), and to the substantive rules, regulations and orders of the Board relating to the proceeding. Wherever there is any conflict between one of the general rules in Subpart A and a special rule in another subpart applicable to a particular type of proceeding, the special rule will govern. § 302.2 Reference to part and method of citing rules. This part shall be referred to as the "Rules of Practice". Each section, and any paragraph or subparagraph thereof, shall be referred to as a "Rule". The number of each rule shall include only the numbers and letters at the right of the decimal point. For example, "302.8 Service of documents", shall be referred to as "Rule 8". Subparagraph (2) of paragraph (a) of that rule, relating to service of documents by the parties, shall be referred to as "Rule 8(a) (2)". Subpart A-Rules of General § 302.3 Filing of documents. (a) Filing address, date of filing, hours. Documents required by any section of this part to be filed with the Board shall be filed with the Docket Section of the Civil Aeronautics Board, Washington, D.C. 20428. Such documents shall be deemed to be filed on the date on which they are actually received by the Board. The hours of the Board are from 8:30 a.m. to 5:00 p.m., eastern standard or daylight saving time, whichever is in effect in the District of Columbia at the time. Monday to Friday, inclusive, except on legal holidays for the Board. (b) Formal specifications of documents-(1) Typewritten documents. All typewritten documents, except briefs The Federal Aviation Act of 1958 may be found at 72 Stat. 731, and at 49 U.S.C. 1301 et seq. The Board's substantive rules may bo found in its Economic Regulations and Special Regulations (Subchapters A and D of this chapter. respectively). before the Board, filed under this part shall be on strong, durable paper not larger than 81⁄2 by 14 inches, except that tables, charts and other documents may be larger if folded to the size of the document to which they are physically attached. Typewritten briefs before the Board shall be on paper not larger than 81⁄2 by 11 inches except that tables, charts, and maps physically attached to the brief may be on paper not larger than 82 by 14 inches and folded to the size of the brief. Requirements as to contents and style of briefs are contained in § 302.31. Text shall be double-spaced, except for footnotes and long quotations which may be single-spaced. Type not smaller than elite shall be used. The left margin shall be at least 11⁄2 inches; all other margins shall be at least 1 inch. If the document is bound, it shall be bound on the left side. Printed (2) Printed documents. (typeset) documents that are limited as to number of pages under these rules shall be on paper not larger than 6% inches by 94 inches, with all margins of at least 1 inch. The text, footnotes, and all physical attachments to any printed document shall be printed in clear and readable type, not smaller than 11 point, adequately leaded. (3) Reproduction of documents. Papers may be reproduced by any duplicating process, provided all copies are clear and legible. Appropriate notes or other indications shall be used, so that the existence of any matters shown in color on the original will be accurately indicated on all copies. (c) Number of copies. Unless otherwise specified, an executed original and nineteen (19) true copies of each document required or permitted to be filed under these rules shall be filed with the Docket Section. The copies need not be signed but the name of the person signing the document, as distinguished from the firm or organization he represents, shall also be typed or printed on all copies below the space provided for signature. (d) Table of contents. All documents filled under this part consisting of twenty or more pages must contain a subjectindex of the matter in such document, with page references. § 302.4 General requirements as to doc uments. (a) Contents. In case there is no rule, regulation, or order of the Board which prescribes the contents of a formal application, petition, complaint, motion or other authorized or required document, such document shall contain a proper identification of the parties concerned, and a concise but complete statement of the facts relied upon and the relief sought. (b) Subscription. Every application, petition, complaint, motion or other authorized or required document shall be signed by the party filing the same, or by a duly authorized officer or the attorney-at-law of record of such party. or by any other person; Provided, That, if signed by such other person, the reason therefor must be stated and the power of attorney or other authority authorizing such other person to subscribe the document must be filed with the document. The signature of the person signing the document constitutes a certification that he has read the document; that to the best of his knowledge, information and belief every statement contained in the instrument is true and no such statements are misleading; and that it is not interposed for delay. (c) Designation of person to receive service. The initial document filed by any person shall state on the first page thereof the name and post office address of the person or persons who may be served with any documents filed in the proceeding. (d) Prohibition of certain documents. No document which is subject to the general requirements of this subpart concerning form, filing, subscription, service or similar matters shall be filed with the Board or an examiner unless: (1) Such document and its filing by the person submitting it has been expressly authorized or required in the Federal Aviation Act of 1958, any other law, this part, other Board regulations, or any order or other document issued by the Board, the chief examiner or an examiner assigned to the proceeding, and (2) Such document complies with each of the requirements of §§ 302.3 and 302.8, and is submitted as a formal application, complaint, petition, motion, answer, pleading, or similar paper rather than as a letter, telegram, or other informal written communication: Provided, however, That for good cause shown, pleadings of any public body or civic organization may be submitted in the form of a letter: Provided further, That comments concerning section 412 |