been made as required by paragraph (b) of this section.

(b) The challenger shall file his challenge in triplicate and shall have a copy of it served on the challenged person. That service may be in person or by first-class mail properly addressed with charges prepaid.

§801.305 Rejection and docketing of challenge.

(a) When a challenge is not timely filed or served or does not meet the requirements of §801.304, it shall not be entertained but shall be rejected.

(b) When a challenge is not rejected under paragraph (a) of this section, the hearing officer shall place it on the docket.

§801.306 Summary denial of challenge by hearing officer.

If on review of a challenge a hearing officer determines that the information, even if true and known at the time of listing, would not have disqualified the challenged person, he shall issue a decision denying the challenge without further proceeding and notify the parties of his reasons for this decision.

§801.307 Notice of hearing.

After docketing, and if not denied under §801.306, the challenge shall be set for hearing. The challenger and the challenged person shall be sent a notice of the date, time, and place of the hearing and advised of the rights and duties of the parties including the right to request a subpena. The notice of hearing shall be dated and the date of the hearing shall not be less than 5 days from the date of that notice. The notice of hearing shall be served on the challenger and the challenged person either personally or by mail.

§ 801.308 Rights and duties of parties.

(a) The challenger has the burden of proceeding and proof at the hearing and shall appear personally or with a representative to prosecute the challenge, except that when a continuance is sought the challenger may appear by a representative. If a challenger fails to appear personally to prosecute the challenge, the hearing officer shall issue a decision denying the challenge

or make such other disposition as is warranted by the circumstances.

(b) The challenged person has the right to appear at the hearing personally or by or with a representative, and to present witnesses and documentary evidence in his behalf.

§801.309 Continuance.

A request for a continuance of a hearing shall be filed with the hearing officer at the place and on the day of the hearing. The hearing officer shall not grant a continuance except under extraordinary circumstances.

§ 801.310 Hearing.

A hearing shall be open to the public and held at the time and place specified in the notice of hearing. A hearing shall be recorded by an official reporter designated by the OPM, under the supervision of the hearing officer. A party may obtain a copy of the transcript from the official reporter at a rate not in excess of the maximum rate fixed by contract between the OPM and the reporter.

§ 801.311 Powers of hearing officer.

In addition to the powers otherwise vested in a hearing officer by this subpart, a hearing officer shall have the power to:

(a) Administer oaths and affirmations;

(b) Issue and quash subpenas;

(c) Regulate the course of the hearing;

(d) Rule on offers of proof;

(e) Permit a party to withdraw from a hearing on a showing of good cause; (f) Limit the number of witnesses whose testimony would be cumulative; (g) Deny a challenge for failure to prosecute;

(h) Exclude any person from the hearing for contumacious conduct or misbehavior that obstructs the hearing; and

(i) Take any other action in the course of the hearing consistent with law that is necessary to carry out the spirit and intent of the Act.

§801.312 Witnesses.

(a) A witness shall testify under oath or affirmation and shall be subject to cross-examination.

(b) A witness who is summoned and responds is entitled to the same witness and mileage fees as are paid for like service in the courts of the United States. The party at whose instance the testimony is taken shall pay the witness and mileage fees.

§ 801.313 Subpena.

(a) On the request of a party and for good cause shown, a hearing officer may issue a subpena for the appearance of a witness or for the production of documentary evidence.

(b) A hearing officer may quash a subpena for good cause shown.

(c) The party at whose request a subpena is issued is responsible for arranging for service. The officer or person making service shall show the original subpena to the person served, read the subpena to him if he is unable to read, and deliver a copy of the subpena to him.

(d) When a U.S. Marshal or his deputy serves a subpena, he shall evidence the service by his return on the subpena. When someone other than a U.S. Marshal or his deputy serves a subpena, the person serving the subpena shall make an affidavit, stating the date, time, and the manner of service, and shall return the affidavit on, or with, the original subpena in accordance with the form thereon. When the U.S. Marshal, his deputy, or other person, as appropriate, cannot serve the subpena, he shall state his reason for the failure on the original subpena. When the person named in the subpena accepts service of the subpena in writing, no other evidence of return is necessary. The person responsible for serving a subpena shall return the original subpena, bearing or accompanied by the required return, affidavit, statement, or acceptance of service, to the officer presiding at the hearing at which the person subpenaed is required to appear.

§801.314 Evidence.

(a) The application of the challenged person is prima facie evidence that he has the qualifications that are stated in the application.

(b) Rules of evidence are not strictly applied but the hearing officer shall ex

clude irrelevant or unduly repetitious evidence.

(c) Each exhibit of a documentary character shall be submitted to the hearing officer, duly marked, and made a part of the record. An exhibit does not become evidence unless received in evidence by the hearing officer.

§801.315 Decision.

The hearing officer who presided at the hearing, unless he has become unavailable, shall decide the case on the record. If no hearing is held, the hearing officer to whom the challenge was assigned shall decide the case on the record. The decision shall be in writing and shall state the reasons or basis for the decision. Copies of the decision shall be served on the parties. The decision shall be issued not more than 15 days after the challenge is docketed under §801.305. The record, including the decision, shall be certified as true and complete by the hearing officer and forwarded to the Examiner (State Supervisor), U.S. Office of Personnel Management in the State involved at the address set out in appendix C to this part. It shall be available to interested persons at that office.

§ 801.316 Action after challenge is sustained.

When a hearing officer sustains a challenge, he shall, after the courts have finally sustained his decision or the time for petitioning for a court review of that decision has expired, instruct an examiner to remove the name of the challenged person from the eligibility list and cancel that person's certificate evidencing his eligibility to vote. The examiner shall notify the challenged person, the appropriate election official, the Attorney General, and the attorney general of the appropriate State of his action.

$801.317 Appeal.

There is no administrative appeal from the decision of a hearing officer or from any of his rulings. A petition for review of the decision of a hearing officer may be filed in court as provided in the Act.

Subpart D-Removals From
Eligibility List

§801.401 Scope.

The subpart prescribes the bases and procedures for removals from eligibility lists under the Act.

8801.402 Bases for removals.

An examiner shall remove the name of a person from an eligibility list:

(a) Pursuant to the instruction of a hearing officer under § 801.316;

(b) Pursuant to the order of a court having jurisdiction under the Act;

(c) When the examiner determines that the listed person has lost his eligibility to vote under State law not inconsistent with the Constitution and the laws of the United States and in accordance with the instructions concerning loss of eligibility to vote prescribed by the OPM after consultation with the Attorney General which shall be set out in appendix D to this part and incorporated in and made a part of this section.

$801.403 Procedure for removals determined by examiners.

An examiner may remove the name of a listed person as authorized by § 801.402(c) only after:

(a) Giving the person a notice of the proposed removal of his name stating the reason why the removal is proposed and offering the person an opportunity to answer the notice of proposed removal in person or in writing or both within ten days after his receipt of that notice; and

(b) Considering all available evidence concerning the person's loss of eligibility to vote, including any timely answer submitted by the person.

8801.404 Notification of removals.

When an examiner removes the name of a person from an eligibility list he shall notify the person, the appropriate election officials, the Attorney General, and the attorney general of the State of that removal and the reason therefor.

Subpart E-Voting Complaint

§ 801.501 Scope.

This subpart prescribes the procedure for filing and processing a complaint under the Act that a person was not permitted to vote.

§ 801.502 Making a complaint.

A person who has been listed on an eligibility list or registered by an appropriate election official and who is eligible to vote but has not been permitted to vote may make a complaint regarding that denial to an examiner for the political subdivision where the denial occurred. The complaint may be either oral or in writing and must be made within 48 hours after the closing of the polls.

§ 801.503 Processing a complaint.

The examiner to whom a complaint is made shall promptly ascertain whether the complaint is well founded. If the examiner determines the complaint is not well founded he shall notify the person who complained of his determination and take no further action on the complaint. If the examiner determines that the complaint is well founded the examiner shall notify the person and the Attorney General of his determination and of the reason for that determination and furnish the Attorney General with any papers or evidence relating to the complaint.

APPENDIX A TO PART 801

This appendix sets out the dates, times, and places designated by the OPM for filing an application in each political subdivision, and sets out the forms of application prescribed by the OPM.

DATES, TIMES, AND PLACES FOR FILING

Offices at which applications may be filed will be open in each State in the county or parish and at the place set forth in this appendix beginning on the date specified and continuing thereafter until a closing date is given. Each office will be open Monday through Saturday (except on a legal holiday) between the hours of 8:30 a.m. and 4:30 p.m., except that the OPM may change the hours and days on which any office will be open for filing applications by posting advance notice of the change at the place set forth in this appendix.

ALABAMA

County; Place for filing; Beginning date

Autauga; (1) Prattville-U.S. Post Office; November 8, 1965; (2) Marbury-building adjacent to U.S. Post Office, intersection of Main Street and State Highway 143; February 26, 1966.

Bullock; Union Springs-U.S. Post Office, 108 E. Hardaway Street; November 7, 1978. Chambers; Lafayette Examiners Office, Room 218, FHA Office, County Building, 18 Alabama Avenue E.; July 30, 1984.

Choctaw; Butler-Post Office; May 31, 1966. Conecuh; Evergreen-Holiday Inn, Room 108, Interstate 68 and Highway 83; September 2, 1980.

Dallas; (1) Selma-Federal Building; August 10, 1965; (2) Orrville-U.S. Post Office, State Highway 22; February 26, 1966.

Elmore; (1) Wetumpka-U.S. Post Office; November 8, 1965; (2) Eclectic-trailer at U.S. Post Office; February 26, 1966; (3) Elmore— trailer at U.S. Post Office; February 26, 1966.

Greene; (1) Eutaw-U.S. Post Office; November 8, 1965; (2) Boligee-trailer at U.S. Post Office; March 8, 1966.

Grenada; Grenada-Post Office Building; July 22, 1966.

Hale; (1) Greensboro-Post Office Building; August 10, 1965; (2) Moundville-Tidmore Building; February 26, 1966.

(5)

Jefferson; (1) Bessemer-Post Office Building, North 19th Street, January 24, 1966; (2) Birmingham-Post Office and Courthouse Building, 18th at 5th Avenue, North; January 24, 1966; (3) Fairfield-4412 Gary Avenue; January 24, 1966; (4) North Birmingham-Post Office Building; 2003 41st Avenue (Sayreton), Birmingham; February 14, 1966; Powderly-Library Building, Birmingham Baptist College, 630 Ishkooda Road, Birmingham; February 14, 1966; (6) Wylamtrailer at Post Office, 4221 7th Avenue (Wylam), Birmingham; February 21, 1966; (7) Irondale-7949-A Crestwood Boulevard; February 26, 1966; (8) Homewood-1820 28th Avenue; February 26, 1966; (9) Tarant-1322 Main Street; March 18, 1966.

Lowndes; (1) Fort Deposit-Post Office Building; August 10, 1965; (2) Haynevilletrailer at U.S. Post Office; January 3, 1966.

Madison; (1) Canton-285 Peace Street; August 10, 1965; (2) Flora-Segrist Building opposite post office; July 20, 1966.

Marengo; (1) Demopolis-Post Office Building; August 10, 1965; (2) Putnam-trailer adjacent to Post Office; State Highway 69; March 18, 1966.

Monroe; Room 112, Monroe Motor Court South, Highway 21, Monroeville, Alabama. August 31, 1984.

Montgomery; (1) Montgomery-Post Office and Courthouse Building, corner of Church, Lee, and Moulton Streets, Rooms 332, 334, 336; October 6, 1965, to November 6, 1969; (2) Montgomery-Aronov Building, 474 South

Court Street, Room 132; November 7, 1969; (3) Mount Meigs-trailer at U.S. Post Office, intersection of U.S. Highway 80 and Pike Road; February 26, 1966.

Perry; (1) Marion-Post Office Building, Room 3; August 20, 1965; (2) Uniontown— trailer at corner of West and Front Streets; March 5, 1966.

Pickens; Carrollton-U.S. Post Office, Room 200, Courthouse Square, Highway 86; September 5, 1978.

Russell; Phoenix City-U.S. Post Office, 1310 Ninth Avenue; September 26, 1978. Sumter; Livingston-Post Office; May 3,

Building,

Bulloch; Statesboro-Federal Conference Room 208, 52 North Main Street; August 5, 1980.

Burke; Waynesboro-U.S. Post Office, 721 Liberty Street, Room 204; November 2, 1982. Butts; (1) Jackson-Daughty Foundation, 221 College Street; September 4, 1982; (2) Flovilla-Flovilla Community Center, Collier Street; September 4, 1982; (3) Jenkinsburg-Cleveland BBQ Restaurant Building, Corner of Highway 42 and High Falls Road; September 4, 1982.

Calhoun; Morgan-Soil Conservation Service, Main Street, P.O. Box 113; August 5, 1980. Chattahoochee; U.S. Post Office Lumpkin Highway, Cusseta, Georgia; Sept. 21, 1984. Early; Blakely-Qual Motel, Room 26, U.S. 27 South; August 5, 1980.

Hancock; Sparta-Post Office Building, Broad Street; November 8, 1966.

Jefferson; Post Office Building Room 4, 131 W. Broad Street, Louisville, Georgia; Sept. 21, 1984.

Johnson; Wrightsville-U.S. Post Office, Basement Office 1, 151 South Marcus; August 5, 1980.

Lee; (1) Leesburg-Farmers Exchange Building, Second Floor; April 3, 1967, through April 30, 1969; (2) Leesburg-U.S. Post Office, intersection of State Highway 32 and U.S. Highway 19; May 1, 1969.

McIntosh; Best Western, Swiss Inn, room 115, Highway 251 and Interstate 95, Darien, Georgia 31304; (912) 437-4418 or 4421; July 21, 1992.

Meriweather; Greenville-U.S. Department of Agriculture, Agricultural Stabilization Conservation Service Office, Williams Street; August 10, 1976.

Mitchell; Camilla-FHA District Office Conference Room, Building 10A, Broad Street; August 5, 1980.

Peach; Fort Valley-U.S. Post Office Building; 300 West Church Street; November 7, 1972.

Pike; ASCS, Pike County Agriculture Building, Gwyn Street, Zebulon, Georgia; Sept. 21, 1984.

Randolph, Travelers Mini Lodge, Room 2, 949 Blakely Street, Cuthbert, Georgia, 31740; (912) 732-5806 or 5807; August 11, 1992.

Screven; Sylvania-Post Office Building, Main and East Telephone Streets; April 3, 1967.

Stewart; Lumpkin-U.S. Department of Agriculture, Agricultural Stabilization Conservation Service Office, Meeting Room, Court House, Second Floor; August 10, 1976.

Sumter; Americus-Federal Building and Court House, Basement Conference Room 128, East Forsyth Street; August 5, 1980.

Talbot-Buice Motel, Room 2, Washington St., Talbotton, Georgia 31827, August 9, 1988. Taliaferro; Crawfordville-Post Office; November 5, 1968.

Telfair; McRae Postmasters Office, U.S. Post Office, 211 South Second Avenue; August 5, 1980.

Terrell; Dawson-Post Office Building, Stonewall and Lee Streets; April 3, 1967.

Tift; Tifton-FHA, Conference Room 306, Tifton County Administrative Building, 225 Tift Avenue; August 5, 1980.

Twiggs; Jeffersonville-County Office Building; State Highway 96; September 3, 1974.

Worth; ASCS, Worth County ASCS Building, 501 N. Henderson, Sylvester, Georgia; Sept. 21, 1984.

LOUISIANA

Parish; Place for filing; Beginning date Bossier; (1) Benton-trailer at Post Office; April 3, 1967; (2) Bossier City-Lodge Hall, 1708 Scott Street; April 5, 1967 through March 17, 1969; (3) Bossier City-Post Office, 150 Benton Road, March 18, 1969.

Caddo; (1) Shreveport-Post Office and Courthouse Building, 424 Texas Street; April

3, 1967; (2) Shreveport-Terry Building, 2643 Cooper Road; April 3, 1967; (3) Shreveport; Hollywood Baptist Church; 5305 Roberts Street; April 3, 1967.

De Soto; Mansfield-trailer, at Post Office; April 3, 1967.

East Carroll; (1) Lake Providence Post Office Building; August 10, 1965; (2) Sondheimer-trailer at Post Office Building; February 14, 1966; (3) Lake ProvidenceASCS Office, 205 North Hood; October 19, 1979.

East Feliciana; (1) Clinton-Kline Building, St. Helena Street; August 10, 1965, to February 8, 1966; (2) Clinton-Trailer at U.S. Post Office; February 19, 1966; (3) JacksonTrailer parked on Post Office grounds; February 14, 1966; (4) Slaughter-Post Office Building; February 14, 1966.

Madison; Tallulah-Post Office; August 13,

1966.

Ouachita; (1) Monroe-Post Office Building, Room 301; August 20, 1965; (2) West Monroe-I. B. Haynes Building, Cypress and Young Streets, February 14, 1966.

Plaquemines; (1) Buras-Post Office Building, August 10, 1965, through November 17, 1965, reopened August 31, 1967; (2) Belle Chasse-Post Office Building; November 18, 1965; (3) Belle Chasse-US Naval Air Station, Administration Building, Room 46, Office of the Senior Chief of Command; October 19, 1979.

Sabine; Many-U.S. Post Office Building; 525 San Antonia Avenue; September 27, 1974. St. Helena; Greensburg—(1) Trailer at Post Office; College and Main Streets; August 19, 1972; (2) ASCS Office, Burrell Carter Building, Street Floor, South Main Street; October 19, 1979.

St. Landry; Opelousas-Chattau Motor Inn, 400 East Landry, the Bayou Room; December 5, 1979.

West Feliciana; (1) Saint Francisvilletrailer at Post Office; November 3, 1965, through January 7, 1966; (2) Saint Francisville-Post Office Building; January 8, 1966; (3) Weyanoke-trailer located on State Highway 66 approximately 0.3 mile South of Weyanoke; February 14, 1966.

MISSISSIPPI

County; Place for filing; Beginning date Adams; Prentiss Inn, U.S. 61 S, Natchez, Mississippi 39121; (601) 442-7524/25; September 17, 1991.

Amite; (1) Liberty-Walsh Building, Main Street, second floor; April 3, 1967; (2) Gloster-Ivey Building, First Street; July 29,

1967.

Benton; Ashland-Post Office Building; October 1, 1965.

Bolivar; Cleveland-Post Office Building; October 1, 1965.

Carroll; (1) Carrollton-Post Office Building, Main Street, January 4, 1966, through