Page images
PDF
EPUB

APPENDIX A-Continued

APPENDIX A-Continued PROGRAMS TO WHICH THIS PART APPLIES Con. PROGRAMS TO WHICH THIS PART APPLIES—Con.

Part 1. Programs other than State-admin Part 1. Programs other than State-administered continuing programs Continued istered continuing programs-Continued

35. Research projects relating to maternal Federal employee associations, etc. (Ranand chil health services and crippled chil dolph-Sheppard Vending Stand Act, 20 U.S.C. dren's services (sec. 532, Social Security Act, 107-107f; 45 CFR Part 20; sec. 25, Federal 42 U.S.C. 729a).

Credit Union Act, 12 U.S.C. 1770; etc.) 36. Maternal and child health special proj 54. Higher education student loan proect grants to institutions of higher learning gram (title II, National Defense Education (sec. 502(b), Social Security Act, 42 U.S.C. Act, 20 U.S.C. 421-429). 702(b)).

55. Health professions school student loan 37. Maternity and infant care special proj program (title VII, Part C, Public Health ect grants to local health agencies (sec. 531, Service Act, 42 U.S.C. 294; secs. 822–828, PubSocial Security Act, 42 U.S.C. 726).

lic Health Service Act, 42 U.S.C. 297 a-g). 38. Special project grants to institutions 56. Land-grant college aid (7 U.S.C. 301of higher learning for crippled children's 329). services (sec. 512(b), Social Security Act, 42 57. Language and area centers (title VI, U.S.C. 712(b)).

National Defense Education Act, 20 U.S.C. 39. Demonstration and evaluation projects 511-513). and training of personnel in the field of ju

58. American Printing House for the Blind venile delinquency (Juvenile Delinquency (20 U.S.C. 101–105). and Youth Offenses Control Act of 1961 (42

59. Future Farmers of America (36 U.S.C. U.S.C. 2541, et seq.)).

271–291) and similar programs. 40. Cooperative educational research (20 U.S.C. 331-332).

60. Science Clubs (20 U.S.C. 2 (note)). 41. Language research (title VI, National

61. Howard University (20 U.S.C. 121-131). Defense Education Act, 20 U.S.O. 512).

62. Gallaudet College (31 D.C. Code, Ch. 42. Research in new educational media 10). (title VII, National Defense Education Act, 63. Hawail leprosy payments (sec. 331, 20 U.S.C. 541-542).

Public Health Service Act, 42 U.S.C. 255). 43. Research, training, and demonstration

64. Grants to schools of public health for projects under Vocational Education Act of

provision of comprehensive training and 1963 (sec. 4(c), 20 U.S.C. 350(c)). 44. Grants for research and demonstration

specialized services and assistance (sec.

314(c), Public Health Service Act, 42 U.S.C. projects in education of handicapped cblldren (20 U.S.C. 618).

246(c)). 45. Training grants for welfare personnel

65. Grants to agencies and organizations (sec. 705, Social Security Act, 42 U.S.C. 906).

under Cuban Refugee program (22 U.S.C. 46. Allowances to institutions training 2601(b) (4)). graduate fellows or other trainees (title IV, 66. Grants for construction of hospitals National Defense Education Act, 20 U.S.O. serving Indians (P.L. 85–151, 42 U.S.C. 2005). 461-465; sec. 4, Vocational Rehabilitation Act, 67. Indian Sanitation Facilities (P.L. 29 U.S.C. 34; secs. 301, 433, etc., Public Health

86-121, 42 U.S.C. 2004a). Service Act, 42 U.S.C. 241, 289 (c), etc.; sec. 3, Clean Air Act, 42 U.S.C. 1857b; sec. 4, Fed

68. Areawide planning of health facilities eral Water Pollution Control Act, 33 U.S.C.

(sec. 318, Public Health Service Act, 42 4660).

U.S.C. 247c). 47. Grants for teaching and the training

69. Training Institutes under sec. 511 of of teachers for the education of handicapped

the National Defense Education Act of 1958, children (20 US.C. 611-617).

as amended (20 U.S.C. 491) and under title 48. Training persons in the use of ilms for XI of such Act as added by P.L. 88-665 (20 the deaf (42 0.8.0. 2498(b) (4)).

U.S.C. 591-592). 49. Training for teachers of the deaf (20 Part 2. State-administered continuing proU.S.C. 671-676).

grams. 50. Research in the use of educational and 1. Grants to States for control of venereal training films for the deaf (42 U.S.C. 2493

disease, tuberculosis, and for public health (a)).

services (heart, cancer, mental health, radio51. Operation and maintenance of schools

logical health etc.) (sec. 314 Public Health in Federally-affected areas (20 U.S.C. 236

Service Act (42 U.S.C. 246), and current 244).

appropriation act). 52. Grants for teacher training and em

2. Grants to States for water pollution ployment of specialists in desegregation problems (sec. 405, 42 U.S.C. 2000C-4).

control (sec. 5, Federal Water Pollution Con53. Issuance to agencies or organizations of

trol Act, 33 U.S.C. 466d). rent-free permits for operation, on Federal 3. Grants to States for vocational rehabiliproperty in the custody of the Department, tation services (sec. 2, Vocational Rehabilitaof vending stands for the blind, credit unions, tion Act, 29 U.S.C. 32).

APPENDIX A-Continued

APPENDIX A-Continued PROGRAMS TO WHICH THIS PART APPLIES-Con. PROGRAMS TO WHICH THIS PART APPLIES-Con.

Part 2. State-administered continuing pro- Part 2. State-administered continuing programs-Continued

grams—Continued 4. Grants to States for projects to extend 15aa-15jj, 15aaa-15ggg; Supplementary Acts, and improve vocational rehabilitation serv- 20 U.S.C. 30-34; Vocational Education Act ices (sec. 3, Vocational Rehabilitation Act, of 1963, 20 U.S.C. 35-35n). 29 U.S.C. 33).

23. Grants to States for mental retarda5. Designation of State licensing agency tion facilities (Part C, Mental Retardation for blind operators of vending stands Facilities Construction Act, 42 U.S.C. 2671(Randolph-Sheppard Vending Stand Act, 20 2677). U.S.C. 107-107f).

24. Arrangements with State vocational 6. Grants to States for old-age assistance education agencies for training under the and medical assistance for the aged (title I, Area Redevelopment Act and the Manpower Social Security Act, 42 U.S.C. 301-306).

Development and Training Act of 1962 (42 7. Grants to States for aid and services to U.S.C. 2513(c), 2601, 2602). needy families with children (title IV, Social 25. Grants to States for comprehensive Security Act, 42 U.S.C. 601-609).

planning for mental retardation (title XVII, 8. Grants to States for aid to the blind

Social Security Act, 42 U.S.C. 1391–1394). (title X, Social Security Act, 42 U.S.C. 12011206). 9. Grants to States for aid to the perma

PART 81—PRACTICE AND PROCEnently and totally disabled (title XIV, DURE FOR HEARINGS UNDER PART Social Security Act, 42 U.S.C. 1351-1355).

80 OF THIS TITLE 10. Grants to States for aid to the aged, blind or disabled or for such aid and medical

Subpart A-General Information assistance for the aged (title XVI, Social Sec. Security Act, 42 U.S.C. 1381–1385).

81.1 Scope of rules. 11. Grants to States for maternal and 81.2 Records to be public. child health services (title V, part 1, Social 81.3 Use of gender and number. Security Act, 42 U.S.C. 701-705).

81.4 Suspension of rules. 12. Grants to States for services for crippled children (title V, part 2, Social Security

Subpart B-Appearance and Practice Act, 42 U.S.C. 711-715).

81.11 Appearance. 13. Grants to States for special projects 81.12 Authority for representation. for maternity and infant care (sec. 531, Social 81.13 Exclusion from hearing for misconSecurity Act, 42 U.S.C. 729).

duct. 14. Grants to States for child welfare services (title V, part 3, Social Security Act, 42

Subpart C-Parties U.S.C. 721-725, 727, 728).

81.21 Parties; General Counsel deemed å 15. Grants to States for public library serv

party. ices and construction (20 U.S.C. sec. 351-358; 81.22 Amici curiae. P.L. 88–269).

81.23 Complainants not parties. 16. Grants to States for strengthening science, mathematics, and modern foreign lan- Subpart D-Form, Execution, Service and Filing guage instruction (title III, National Defense

of Documents Education Act, 20 U.S.C. 441-444).

81.31 Form of documents to be filed. 17. Grants to States for guidance, coun- 81.32 Signature of documents. seling and testing of students (title V-A, 81.33 Filing and service. National Defense Education Act, 20 U.S.C. 81.34 Service-how made. 481-484).

81.35 Date of service. 18. Grants to States for educational sta- 81.36 Certificate of service. tistics services (sec. 1009, National Defense Education Act, 20 U.S.C. 589).

Subpart E-Time 19. Surplus personal property disposal 81.41 Computation. donations for health and educational pur- 81.42 Extension of time or postponement. poses through State agencies (40 U.S.C. 81.43 Reduction of time to file documents. 484(1)). 20. Grants to States for hospital and med

Subpart Proceedings Prior to Hearing ical facilities (title VI, Public Health Service 81.51 Notice of hearing or opportunity for Act, 42 U.S.C. 291-2912).

hearing. 21. Grants to States for community mem- 81.52 Answer to notice. tal health centers construction (Community 81.53 Amendment of notice or answer. Mental Health Centers Act, 42 U.S.C. 2681- 81.54 Request for hearing. 2688).

81.55 Consolidation. 22. Grants to States for vocational educa- 81.56 Motions. tion (Smith-Hughes Act, 20 U.S.C. 11-15, 81.57 Responses to motions and petitions. 16-28; George-Barden Act, 20 U.S.C. 151–159,

81.58 Disposition of motions and petitions.

1 81.82

Subpart G—Responsibilities and Duties of Subpart A-General Information
Presiding Officer

§ 81.1 Scope of rules.
Sec.
81.61 Who presides.

The rules of procedure in this part 81.62 Designation of hearing examiner. supplement $$ 80.9 and 80.10 of this sub81.63 Authority of presiding officer.

title and govern the practice for hearSubpart H_Hearing Procedures

ings, decisions, and administrative re

view conducted by the Department of 81.71 Statements of position and trial

Health, Education, and Welfare, pursubriefs.

ant to Title VI of the Civil Rights Act of 81.72 Evidentiary purpose.

1964 (sec. 602, 78 Stat. 252) and Part 80 81.73 Testimony.

of this subtitle. 81.74 Exhibits. 81.75 Affidavits.

$ 81.2 Records to be public. 81.76 Depositions.

All pleadings, correspondence, exhib81.77 Admissions as to facts and docu

its, transcripts of testimony, exceptions, ments.

briefs, decisions, and other documents 81.78 Evidence.

Aled in the docket in any proceeding may 81.79 Cross-examination.

be inspected and copied in the office of 81.80 Unsponsored written material.

the Civil Rights hearing clerk. Inquiries 81.81 Objections. Exceptions to rulings of presiding

may be made at the Central Information officer unnecessary.

Center, Department of Health, Educa81.83 Official notice.

tion, and Welfare, 330 Independence 81.84 Public document items.

Avenue SW., Washington, D.C. 20201. 81.85 Offer of proof.

8 81.3 Use of gender and number, 81.86 Appeals from ruling of presiding officer.

As used in this part, words importing

the singular number may extend and be Subpart 1 The Record

applied to several persons or things, and 81.91 Official transcript.

vice versa. Words importing the mascu81.92 Record for decision.

line gender may be applied to females or

organizations. Subpart 1-Posthearing Procedures, Decisions 81.101 Posthearing briefs: proposed findings

§ 81.4 Suspension of rules. and conclusions.

Upon notice to all parties, the review81.102 Decisions following hearing.

ing authority or the presiding officer, 81.103 Exceptions to initial or recommended

with respect to matters pending before decisions.

them, may modify or waive any rule in 81.104 Final decisions.

this part upon determination that no 81.105 Oral argument to the reviewing

party will be unduly prejudiced and the authority.

ends of justice will thereby be served. 81.106 Review by the Secretary. 81.107 Service on amici curiae.

Subpart B-Appearance and Subpart K-Judicial Standards of Practice

Practice 81.111 Conduct.

$ 81.11 Appearance. 81.112 Improper conduct.

A party may appear in person or by 81.113 Ex parte communications.

counsel and participate fully in any pro81.114 Expeditious treatment.

ceeding. A State agency or a corporation 81.115 Matters not prohibited, 81.116 Filing of ex parte communications.

may appear by any of its officers or by

any employee it authorizes to appear on Subpart 1-Posttermination Proceedings its behalf. Counsel must be members in 81.121 Posttermination proceedings.

good standing of the bar of a State, Subpart M-Definitions

Territory, or possession of the United

States or of the District of Columbia or 81.131 Definitions.

the Commonwealth of Puerto Rico. AUTHORITY: The provisions of this Part 81

$ 81.12 Authority for representation. are issued under 5 U.S.C. 301 and 45 CFR 80.9(d).

Any individual acting in a representaSOURCE: The provisions of this part 81

tive capacity in any proceeding may be appear at 32 F.R. 15156, Nov. 2, 1967, unless required to show his authority to act in otherwise noted.

such capacity.

§ 81.13 Exclusion from hearing for mis

conduct. Disrespectful, disorderly, or contumacious language or contemptuous conduct, refusal to comply with directions, or continued use of dilatory tactics by any person at any hearing before a presiding officer shall constitute grounds for immediate exclusion of such person from the hearing by the presiding officer.

Subpart C— Parties $ 81.21 Parties; General Counsel deemed

a party. (a) The term party shall include an applicant or recipient or other person to whom a notice of hearing or opportunity for hearing has been mailed naming him as respondent.

(b) The General Counsel of the Department of Health, Education, and Welfare shall be deemed a party to all proceedings. $ 81.22 Amici curiae.

(a) Any interested person or organization may file a petition to participate in a proceeding as an amicus curiae. Such petition shall be filed prior to the prehearing conference, or if none is held, before the commencement of the hearing, unless the petitioner shows good cause for filing the petition later. The presiding officer may grant the petition if he finds that the petitioner has a legitimate interest in the proceedings, that such participation will not unduly delay the outcome, and may contribute materially to the proper disposition thereof, An amicus curiae is not a party and may not introduce evidence at a hearing.

(b) An amicus curiae may submit a statement of position to the presiding officer prior to the beginning of a hearing, and shall serve a copy on each party. The amicus curiae may submit a brief on each occasion a decision is to be made or a prior decision is subject to review. His brief shall be filed and served on each party within the time limits applicable to the party whose position he deems himself to support; or if he does not deem himself to support the position of any party, within the longest time limit applicable to any party at that particular stage of the proceedings.

(c) When all parties have completed their initial examination of a witness, any amicus curiae may request the presiding officer to propound specific questions to the witness. The presiding officer,

in his discretion, may grant any such request if he believes the proposed additional testimony may assist materially in elucidating factual matters at issue between the parties and will not expand the issues. $ 81.23 Complainants not parties.

A person submitting a complaint pursuant to $ 80.7(b) of this title is not a party to the proceedings governed by this part, but may petition, after proceedings are initiated, to become an amicus curiae. Subpart D-Form, Execution, Service

and Filing of Documents $ 81.31 Form of documents to be filed.

Documents to be filed under the rules in this part shall be dated, the original signed in ink, shall show the docket description and title of the proceeding, and shall show the title, if any, and address of the signatory. Copies need not be signed but the name of the person signIng the original shall be reproduced. Documents shall be legible and shall not be more than 872 inches wide and 12 inches long. $ 81.32 Signature of documents.

The signature of a party, authorized officer, employee or attorney constitutes a certificate that he has read the document, that to the best of his knowledge, Information, and belief there is good ground to support it, and that it is not interposed for delay. If a document is not signed or is signed with intent to defeat the purpose of this section, it may be stricken as sham and false and the proceeding may proceed as though the document had not been filed. Similar action may be taken if scandalous or indecent matter is inserted. § 81.33 Filing and service.

All notices by a Department official, and all written motions, requests, petitions, memoranda, pleadings, exceptions, briefs, decisions, and correspondence to a Department official from a party, or vice versa, relating to a proceeding after its commencement shall be filed and served on all parties. Parties shall supply the original and two copies of documents submitted for filing. Filings shall be made with the Civil Rights hearing clerk at the address stated in the notice of hearing or notice of opportunity for hearing, during regular business hours. Regular business hours are every Mon

day through Friday (legal holidays in $ 81.42 Extension of time or postponethe District of Columbia excepted) from

ment. 9 a.m. to 5:30 p.m., eastern standard or

Requests for extension of time should daylight saving time, whichever is effec

be served on all parties and should set tive in the District of Columbia at the

forth the reasons for the application. time. Originals only of exhibits and

Applications may be granted upon a transcripts of testimony need be filed.

showing of good cause by the applicant. For requirements of service on amici

From the designation of a presiding ofcuriae, see $ 81.107.

ficer until the issuance of his decision $ 81.34 Service how made.

such requests should be addressed to him. Service shall be made by personal de

Answers to such requests are permitted,

if made promptly. livery of one copy to each person to be served or by mailing by first-class mail, § 81.43 Reduction of time to file docuproperly addressed with postage prepaid.

ments. When a party or amicus has appeared

For good cause, the reviewing authorby attorney or other representative,

ity or the presiding officer, with respect service upon such attorney or represent- to matters pending before them, may reative will be deemed service upon the duce any time limit prescribed by the party or amicus. Documents served by

rules in this part, except as provided by mall preferably should be mailed in suf

law or in Part 80 of this title. ficient time to reach the addressee by the date on which the original is due to Subpart F-Proceedings Prior to be filed, and should be air mailed if the

Hearing addressee is more than 300 miles distant.

$ 81.51 Notice of hearing or opportunity $ 81.35 Date of service.

for hearing. The date of service shall be the day Proceedings are commenced by mailing when the matter is deposited in the U.S. a notice of hearing or opportunity for mail or is delivered in person, except hearing to an affected applicant or rethat the date of service of the initial cipient, pursuant to $ 80.9 of this title. notice of hearing or opportunity for & 81.52 Answer to notice. hearing shall be the date of its delivery, or of its attempted delivery if refused.

The respondent, applicant or recipient

may file an answer to the notice within $ 81.36 Certificate of service.

20 days after service thereof. Answers The original of every document filed shall admit or deny specifically and in and required to be served upon parties

detail each allegation of the notice, unto a proceeding shall be endorsed with a less the respondent party is without certificate of service signed by the party knowledge, in which case his answer making service or by his attorney or rep

should so state, and the statement will resentative, stating that such service has

be deemed a denial. Allegations of fact been made, the date of service, and the in the notice not denied or controverted manner of service, whether by mail or

by answer shall be deemed admitted. personal delivery.

Matters alleged as affirmative defenses

shall be separately stated and numbered. Subpart E-Time

Failure of the respondent to file an $ 81.41 Computation.

answer within the 20-day period follow

ing service of the notice may be deemed In computing any period of time un

an admission of all matters of fact recited der the rules in this part or in an order

in the notice. issued hereunder, the time begins with the day following the act, event, or de

8 81.53 Amendment of notice or answer. fault, and includes the last day of the The General Counsel may amend the period, unless it is a Saturday, Sunday,

notice of hearing or opportunity for or legal holiday observed in the District hearing once as a matter of course before of Columbia, in which event it includes

an answer thereto is served, and each the next following business day. When

respondent may amend his answer once

as a matter of course not later than 10 the period of time prescribed or allowed

days before the date fixed for hearing is less than 7 days, intermediate Satur- but in no event later than 20 days from days, Sundays, and legal holidays shall the date of service of his original answer. be excluded from the computation. Otherwise a notice or answer may be

« PreviousContinue »