Page images

8 500.735-121 Same; information prohibit- posed by law, order, or regulation. The ed.

submission of a statement or supple

mentary statement by an employee An employee required to file a state

does not permit him or any other ment or annual supplement of outside

person to participate in a matter in employment and financial interest under $8500.735-116 and 500.735-117 pation is prohibited by law, order, or

which his or the other person's particishall not be required to include there

regulation. in any information relating to the employee's connection with, or interest

8 500.735-124 Statements of outside emin, a professional society or a charita

ployment and financial interests; speble, religious, social, fraternal, recre

cial government employees. ational, public service, civic, or political organization or a similar organiza

(a) Each Special Government Emtion not conducted as a business enter

ployee shall submit a statement which prise. For the purpose of this subsec

reports: tion, educational and other institu

(1) All other concurrent employtions doing research and development ment; and or related work involving grants of

(2) Such categories of financial inmoney from or contracts with the terests as the Chairman may deterGovernment are deemed “business en- mine are relevant in the light of the terprises” and are required to be in- duties such Special Government Emcluded in an employee's statement of ployee is to perform. outside employment and financial in- (b) The Chairman may waive the reterests.

quirement in paragraph (a)(2) of this

section if: 8 500.735-122 Same; confidentiality of

(1) The Special Government Emstatements.

ployee is not a consultant or an The Commission will hold each expert; and statement of outside employment and (2) The Commission finds that the financial interest, and supplementary duties of the position held by that statements, in confidence. To that Special Government Employee are of end, only the Chairman of the Com. & nature and at such a level of responmission, to whom such statements are sibility that the submission of the to be submitted, and the remaining statement by the incumbent is not Commissioners if there is a possibility necessary to protect the integrity of of disciplinary action under $ 500.735- the Government. 114, shall be permitted to examine (c) For the purpose of this $ 500.735such statements. The Chairman shall 124, “consultant" and "expert” have maintain exclusive custody of the the meanings given those terms by statements and supplements in confi- Chapter 304 of the Federal Personnel dence and shall not allow access to, or Manual, but do not include: allow information to be disclosed (1) A physician, dentist, or allied from, a statement or supplement medical specialist whose services are except to carry out the purpose of this procured to provide care and service to Part 500. The Commission shall not patients; or disclose information from a statement (2) A veterinarian whose services are or supplement except as the Chairman

procured to provide care and service to or the Civil Service Commission may animals. determine for good cause shown.

(d) A statement of employment and

financial interests required to be sub8 500.735-123 Same; effect on other re

mitted under this section shall be subquirements.

mitted not later than the time of emThe statements of outside employ- ployment of the Special Government ment and financial interest and sup- Employee as provided in the Commisplementary statements required to sion's regulations. Each Special Gov. certain employees are in addition to, ernment Employee shall keep his and not in substitution for, or in dero- statement current throughout his emgation of, any similar requirement im- ployment with the Commission by the

submission of supplementary statements as changes, additions, or deletions become necessary. $500.735-125 Statements of outside em

ployment and financial interest;

review. (a) The required initial and supplementary statements of outside employment and financial interest shall be reviewed by the recipient designated by $ 500.735-119. Review by that designee will be made at his convenience to determine whether there is any apparent conflict of interest on the part of the reporting employee or Special Government Employee.

(b) The recipient designated by $ 500.735-119 will also initially review any information from sources other than an initial or supplementary report tending to suggest a conflict of interest.

(c) In the event that the designee concludes that no conflict of interest exists, the employee shall be so notified and the subject closed.

(d) In the event that the designee concludes that a conflict of interest may exist, he shall confer with the employee concerned. If an accord is reached, the Commission need take no further action. If no accord is reached, the Commission in the form of a majority of the Commissioners will determine what disciplinary or remedial action, if any, may be warranted and will execute the same.

(e) At every stage of review, the affected employee or Special Government Employee will be afforded the opportunity to explain the conflict or appearance of conflict.

Sec. 503.12 Counterclaim and set-off. 503.13 Amended and supplemental plead

ings. 503.14 Interrogatories to parties and depo

sitions pending action. 503.15 Depositions to perpetuate testimo

ny. 503.16 Persons before whom depositions

may be taken. 503.17 Depositions upon oral examination. 503.18 Depositions of witnesses upon writ

ten interrogatories. 503.19 Effect of errors and irregularities in

depositions. 503.20 Calls on departments or agencies of

the Government. 530.21 Documentary evidence. 503.22 Hearings. 503.23 Evidence. 503.24 Subpoena. 503.25 Consolidation; separate trials. 503.26 Preliminary decisions and report. 503.27 Exceptions to the report. 503.28 Briefs. 503.29 Reply brief. 503.30 Trial calendar. 503.31 Evidence in other cases. 503.32 Stipulations. 503.33 Motions for rehearing and for

amendment of findings. 503.34 Claims filed by attorney. 503.34a Attorney's contracts to be filed. 503.34b Attorney's fees and expenses. 503.35 Attorneys to register. 503.36 Attorney's death or incapacitation. 503.37 Attorney's qualification. 503.38 Disbarment and suspension. 503.39 Clerk, docket and journal. 503.40 Seal. 503.41 Copies. 503.42 Method of citing.

AUTHORITY: Sec. 9, 60 Stat. 1051; 25 U.S.C. 70h.

SOURCE: 33 FR 9236, June 21, 1968, unless otherwise noted.

NOTE: Nomenclature changes affecting this Part 503 appear at 37 FR 21938 and 21939, Oct. 17, 1972.



Sec. 503.1 Plaintiffs. 503.2 Commencement of action. 503.3 Service of petition. 503.4 Service and filing of other papers. 503.5 Time. 503.6 Pleadings allowed, form of motions. 503.7 General rules of pleading. 503.8 Capacity. 503.9 Form of pleadings. 503.10 Signing of pleadings. 503.11 Defenses and objections.

8 503.1 Plaintiffs.

(a) Claims within the jurisdiction of the Indian Claims Commission of the United States (60 Stat. 1049), hereafter, referred to in this part as the Commission, may be presented by any Indian tribe, band or other identifiable group of American Indians.

(b) Claims by Indian tribes, bands or groups which have tribal organizations recognized by the Secretary of the Interior as having authority to represent

such tribe, band or group shall be filed 8503.4 Service and filing of other papers. and presented by the duly appointed

(a) Service-(1) When required. or elected officers of such organization, except as provided in paragraph

Every order required by its terms to be (c) of this section.

served, every pleading subsequent to

the original petition, every written (c) Where by virtue of fraud, collusion or laches on the part of a recog

motion other than one which may be

heard ex parte, and every written nized tribal organization a claim has

notice, appearance, demand, offer of not been presented (or has not been

judgment, designation of record on included as part of a presented claim),

appeal, and similar papers shall be any member of such tribe, band or

served upon each of the parties affectgroup may file claim on behalf of all

ed thereby, but no service need be the other members of such tribe, band

made on parties in default for failure or group upon complying with the pro

to appear, except that pleadings asvisions of $ 503.8 (a).

serting new or additional claims for (d) Claims on behalf of any unorga- relief shall be served in the manner nized tribe, band or other identifiable provided for service in $ 503.3. group may be filed by any member of

(2) How made. Whenever under the such tribe, band or identifiable group rules in this part service is required or as the representative of all its mem- permitted to be made upon a party bers.

represented by an attorney the service (e) Parties filing claims before the shall be made upon the attorney of Commission shall be designated as the record (provided for in this paragraph) plaintiffs and the United States shall unless service upon the party himself be designated as the respondent or de- is ordered by the Commission. Service fendant.

upon the attorney of record or upon a (33 FR 9236, June 21, 1968, as amended at

party shall be made by delivering & 34 FR 6838, Apr. 24, 1969)

copy to him or by mailing it to him at

his address registered with the Clerk 8 503.2 Commencement of action.

as required by $ 503.35. Delivery of a (a) A claim shall be commenced by

copy within the provisions of this sec

tion means: Handing it to the attorney the filing of a petition with the Com

or to the party; or leaving it at his mission.

office with his clerk or other person in (b) Twenty printed copies of each

charge thereof; or, if there is no one in petition shall be filed. The Commis

charge, leaving it in a conspicuous sion on motion accompanying a type

place therein; or, if the office is closed written petition assigning good and

or the person to be served has no sufficient cause, may waive or post

office, leaving it at his dwelling house pone printing of the petition. When

or usual place of abode with some printing of the petition is waived 8 leg

person of suitable age and discretion ible typewritten copies thereof shall

then residing therein. Service by mail be filed.

is complete upon mailing. 8 503.3 Service of petition.

(b) Proof of service-(1) File before

taking action. Proof of service of Service shall be made upon the

papers required or permitted to be United States as follows:

served, other than those for which a By sending 15 copies of the printed method of proof is prescribed by the petition or four copies of the typed pe- Federal rules of civil procedure, shall tition by certified or registered mail be filed before action is to be taken (return receipt requested) to the At- thereon. torney General of the United States at

(2) Form of. The proof shall show Washington D.C. 20530. Service by the time and manner of service, and mail is complete upon mailing. The may be by written acknowledgment of return receipt shall be delivered to the service, by affidavit of the person Clerk of the Commission to be filed in making service, by certificate of a the case.

member of the bar of this Commis

sion, or by other proof satisfactory to the Commission.

(3) Failure to make. Failure to make proof of service will not affect the validity thereof. The Commission may at any time allow the proof to be amended or supplied, unless to do so would result in material prejudice to a party.

(c) Filing. All papers after the petition required to be served upon a party shall be filed with the Commission either before service or within & reasonable time thereafter.

(d) Filing with the Commission defined. The filing of pleadings and other papers with the Commission as required by the rules in this part shall be made by filing them with the Clerk of the Commission, except that a Commissioner or Examiner when a claim is being heard by him may permit the papers to be filed with him, in which event he shall note thereon the filing date and forthwith transmit them to the office of the Clerk.

(b) Enlargement. When by the rules in this part or by a notice given thereunder or by order of the Commission an act is required or allowed to be done at or within a specified time, the Commission, or a Commissioner or Examiner in a case being heard by him, or by stipulation of the parties, for cause shown may at any time in its or his discretion (1) with or without motion or notice order the period enlarged if request therefor is made before the expiration of the period originally prescribed or as extended by a previous order or (2) upon motion made after the expiration of the speci. fied period permit the act to be done where the failure to act was the result of excusable neglect.

(c) For motions; affidavits. A written motion, other than one which may be heard ex parte, and notice of the hearing thereof shall be served not later than 5 days before the time specified for the hearing, unless a different period is fixed by the rules in this part or by order of the Commission. Such an order may for cause shown be made

ex parte application. When a motion is supported by affidavit, the affidavit shall be served with the motion; opposing affidavits may be served not later than 1 day before the hearing, unless the Commission permits them to be served at some other time.

(d) Additional time after service by mail. Whenever a party has the right or is required to do some act or take some proceedings within a prescribed period after the service of a notice or other paper upon him and the notice or paper is served upon him by mail, 3 days shall be added to the prescribed period.


$ 503.5 Time.

(a) Computation. (1) In computing any period of time prescribed or allowed by the rules in this part by order of the Commission, Commissioner or Examiner or by any applicable statute, the day of the act, event, or default after which the designated period of time begins to run is not to be included. The last day of the period so computed is to be included unless it is a Saturday, Sunday or legal holiday in the District of Columbia, in which event the period runs until the end of the next day upon which the Commission is open for business. As used in these rules, "legal holiday” includes New Year's Day, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, Christmas Day, and any other day appointed as a holiday by the President or the Congress of the United States. (As amended Public Law 90-363, § 1(a), June 28,1968, 82 Stat. 250).

(2) When the period of time prescribed or allowed is less than 7 days, intermediate Saturdays, Sundays and holidays shall be excluded in the computation.

(33 FR 2936, June 21, 1968, as amended 37 FR 21938, Oct. 17, 1972)

$ 503.6 Pleadings allowed, form of mo

tions. (a) Pleadings. There shall be a petition and an answer; and there shall be a reply to a counterclaim denominated as such. No other pleading shall be allowed, except that the Commission may order a reply to an answer.

(b) Motions and other papers. (1) An application to the Commission for an

40-056 0_79_-45

order shall be by motion which, unless the Government or in any judicial promade during a hearing or trial, shall ceeding and whether the claim or any be made in writing, shall state with part thereof is included in any suit particularity the grounds therefor, pending in the Court of Claims or in and shall set forth the relief or order the Supreme Court of the United sought. The requirement of writing is States or whether the same has been fulfilled if the motion is stated in a filed in the Court of Claims under any written notice of the hearing of the legislation in effect on the date of the motion.

approval of the Indian Claims Com. (2) The rules applicable to captions, mission Act. signing, and other matters of form of (2) If the claim or defense is founded pleadings apply to all motions and upon an act of Congress or upon the other papers provided for by the rules regulation of an executive department in this part.

or independent establishment, the act (3) A motion for an extension of and the section thereof on which the time within which to comply with any pleader relies shall be specified and rule or order of the Commission shall, the particular regulation of the dein addition to stating the grounds partment or independent establishtherefor, also set forth any previous ment stated, and a copy of such regurequests by the movant for an exten lation attached to the petition. sion of time for the same purpose and (3) If the claim or defense is founded the action taken by the Commission on a contract or treaty with the thereon.

United States or an Executive order of (c) Demurrers, pleas, etc. Demurrers, the President, the substance of the pleas, and exceptions for insufficiency same shall be set forth in the petition; of a pleading shall not be used.

if in writing, the original or a copy

thereof shall be annexed thereto. All $ 503.7 General rules of pleading.

parts immaterial to the claim or de(a) Pleading to be concise and direct;

fense or to the relief sought may be consistency. (1) Each averment of a

omitted. pleading shall be simple, concise and

(c) Construction of pleadings. All direct. No technical forms of pleading pleadings shall be so construed as to or motions are required. Averments in

do substantial justice. a pleading to which no responsive pleading is required or permitted shall

8 503.8 Capacity. be taken as denied or avoided.

(a) Petitions filed by any tribal orga(2) A party may set forth two or nization recognized by the Secretary more statements of a claim or defense of the Interior as having authority to alternatively or hypothetically, either represent a tribe, band or group need in one count or defense or in separate not aver the capacity of such organizacounts or defenses. When two or more tion to sue except to the extent restatements are made in the alternative quired to show the jurisdiction of the and one of them, if made independent Commission. When the United States ly, would be sufficient, the pleading is desires to raise an issue as to the canot made insufficient by the insuffi pacity of such a recognized tribal orgaciency of one or more of the alterna nization to sue, it shall do so by specif. tive statements. A party may also state ic negative averments, which shall inas many separate claims or defenses as clude supporting particulars. he has, regardless of consistency and (b) If a petition is filed by one or regardless of the nature of the more members of a tribe, band or grounds on which they are based. All other identifiable group having a statements shall be made subject to tribal organization which is recognized the obligations set forth in $ 503.10 by the Secretary of the Interior be(b).

cause the tribal organization has (b) Statement of petition. A petition failed or refused to take any action aushall state with particularity. (1) Any thorized by the act, the petition shall action on the claim previously taken be verified and shall aver that the peby Congress or by any department of titioner is a member of the tribe, band

« PreviousContinue »