(or his designee), as Chairman and not more than 15 members appointed by the Secretary without regard to civil service laws. The 15 appointed members shall be representative of the general public and of private and professional groups having an interest in and ability to contribute to the solution of architectural problems which limit the participation of the handicapped in all phases of community life. § 406.2 Term of office. Each appointed member shall hold office for a term to run concurrently with the life of the Commission. 8 406.3 Duties. The Commission shall (a) determine how and to what extent architectural barriers impede access to or use of facilities and buildings of all types by the handicapped; (b) determine what is being done, especially by public and other nonprofit agencies and groups having an interest in and capacity to deal with the problem, to eliminate such barriers from existing buildings and to prevent their incorporation into buildings constructed in the future; (c) prepare plans and proposals for such further action as may be necessary to achieve the goal of ready access to and full use of facilities and buildings of all types by the handicapped, including proposals for bringing together in a cooperative effort agencies, organizations, and groups already working toward that goal or whose cooperation is essential to effective and comprehensive action. $ 406.4 Advisory and technical consult, ants. The Commission is authorized to appoint such special advisory and technical experts and consultants, and establish such committees, as may be useful in carrying out its functions, to make studies, and to contract for studies or demonstrations to assist it in performing its functions. The Secretary shall make available to the Commission such technical, administrative and other assistance as it may require to carry out its functions. $ 406.5 Per diem payments. Appointed members of the Commission and special advisory and technical experts and consultants appointed by the Commission shall, while attending meetings or conferences thereof or otherwise serving on business of the Commission, be entitled to receive compensation at rates fixed by the Secretary, but not exceeding $100.00 per day, including travel time; and while so serving away from their homes or regular places of business they may be allowed travel expenses including per diem in lieu of subsistence as authorized by section 5 of the Administrative Expenses Act of 1946 (5 U.S.C. 73b-2) for persons in the government service employed intermittently. § 406.6 Report to the Secretary. The Commission shall, prior to Janu. ary 1, 1968, submit a final report of its activities together with its recommendations for further carrying out the purposes of this part to the Secretary for transmission by him together with his recommendations to the President and then to the Congress. The Commission shall also prepare such interim reports as the Secretary may request. CHAPTER V-FOREIGN CLAIMS SETTLEMENT COMMISSION OF THE UNITED STATES SUBCHAPTER A-RULES OF PRACTICE Part 500 501 502 503 Appearance and practice before the Commission. SUBCHAPTER B (RESERVED] SUBCHAPTER C-RECEIPT, ADMINISTRATION, AND PAYMENT OF CLAIMS UNDER THE INTERNATIONAL CLAIMS SETTLEMENT ACT OF 1949, AS AMENDED SUBCHAPTER D-RECEIPT, ADMINISTRATION, AND PAYMENT OF CLAIMS FOR BALANCE OF 22.5 PERCENT ON AWARDS MADE UNDER THE PROVISIONS OF THE PHILIPPINE REHABILITATION ACT OF 1946 IN EXCESS OF P1,000 ($ 500.00) EACH 540 Filing of claims and procedures therefor. 541 Provisions of general application. 542 Payment. 543 Hearings. SUBCHAPTER E-RECEIPT, ADMINISTRATION, AND PAYMENT OF CLAIMS UNDER PUBLIC LAW 87-587 (CLAIMS FOR DAMAGES TO PROPERTY DUE TO RAISING OF THE WATER LEVEL OF LAKE ONTARIO CAUSED BY GUT DAM) 560 Filing of claims and procedure therefor. SUBCHAPTER F-RECEIPT, ADMINISTRATION, AND PAYMENT OF CLAIMS UNDER TITLE II OF THE WAR CLAIMS ACT OF 1948, AS AMENDED BY PUBLIC LAW 87-846 SUBCHAPTER A-RULES OF PRACTICE PART 500_APPEARANCE AND PRAC sion. Petitions for accreditation shall be TICE BEFORE THE COMMISSION in writing, executed by duly authorized officer or officers, addressed to the Sec. Foreign Claims Settlement Commission 500.1 Appearance and practice. of the United States, Washington, D.C. 500.2 Notice of entry or withdrawal of Upon receipt of a petition setting forth counsel in claims. 500.3 Fees. pertinent facts as to the organization's 500.4 Petitions for additional remuneration history, purpose, number of posts or pursuant to section 317(b) of Title chapters and their locations, approxiIII of the Act. mate number of paid-up membership, 500.5 Order allowing fees in excess of ten statements that the organization will not percentum of amount paid on ac charge any fee for services rendered by count of claims under Title III of its designees in behalf of claimants and the International Claims Settlement that it will not refuse on the grounds of Act of 1949, as amended. 500.6 Suspension of attorneys. non-membership to represent any claim500.7 Restrictions on former employees. ant who applies for such representation if he has an apparently valid claim, acAUTHORITY: The provisions of this Part 500 issued under sec. 2, 62 Stat. 1240, as amended, companied by a copy of the organizasec. 3, 64 Stat. 13, as amended; 50 U.S.C. tion's constitution, or charter, by-laws, App. 2001, 22 U.S.C. 1622. and its latest financial statement, the Commission in its discretion will consider SOURCE: The provisions of this Part 500 and in appropriate cases issue or deny appear at 28 F.R. 13495, Dec. 13, 1963, unless otherwise noted. letters of accreditation. (d) A person may not be represented 8 500.1 Appearance and practice, before the Commission except as author (a) An individual may appear in his ized in paragraph (a), (b) or (c) of this own behalf; a member of a partnership section. may represent the partnership; a bona $ 500.2 Notice of entry or withdrawal of fide officer of a corporation, trust or as counsel in claims. sociation may represent the corporation, trust or association; an officer or em (a) Counsel entering an appearance ployee of the United States Department in a claim originally filed by claimant in of Justice, when designated by the At his own behalf or requesting a substitutorney General of the United States, may tion of attorneys, and counsel filing & represent the United States in a claim claim on behalf of a claimant under Pubproceeding. lice Law 87-616, shall be required to file (b) A person may be represented by an authorization by claimant. (b) When counsel seeks to withdraw an attorney at law admitted to practice in any State or Territory of the United from the prosecution of a claim, it must States, or the District of Columbia. appear that he has duly notified his client (claimant). With respect to Philippine war damage claims under the provisions of Public (c) When a claimant advises the Law 87-616 (76 Stat. 411), a person may Commission that counsel no longer also be represented by an attorney at law represents him, a copy of the Commisin good standing with the Philippine Bar sion's acknowledgment shall be forAssociation or the Philippine Supreme warded to such counsel. Court. However, such attorney may be $ 500.3 Fees. required to furnish a certificate to this (a) No remuneration on account of effect. (c) In cases falling rithin the pur services rendered or to be rendered to or view of Subchapter B of this chapter, on behalf of any claimant in connection persons designated by veterans' service, with any claim falling within the purand other organizations to appear before view of Subchapter B and Subchapter F the Commission in a representative ca of this chapter shall exceed ten per pacity on behalf of claimants shall be certum of the amount allowed on acdeemed duly authorized to practice be count of such claim, except that the fore the Commission when the designat Commission in its discretion may fix a ing organization shall have been issued lesser per centum with respect to any a letter of accreditation by the Commis claim filed thereunder. 1 (b) The total remuneration on ac rendered before or after the filing of the count of services rendered or to be ren claim with the Commission, (b) a statedered to or on behalf of any claimant ment of all remuneration theretofore rein connection with any claim falling ceived by the petitioner on account of within the purview of Title III of the such services, and (c) an itemized stateAct' shall not exceed ten per centum of ment to the best of petitioner's knowlthe total amount paid on account of such edge, information and belief, of all servclaim, except that the Commission may ices theretofore at any time rendered by upon petition, as prescribed in $ 500.4, any other person or persons on behalf of in its discretion enter an order authoriz the claimant in connection with such ing such remuneration in an amount claim and of all remuneration paid on which exceeds the maximum otherwise account of such other services; shall permitted. state in detail such special circumstances (c) The total remuneration on ac of unusual hardships as, in the opinion of count of services rendered or to be ren the petitioner, justify payment in excess dered to or on behalf of any claimant of the maximum remuneration otherin connection with any claim falling wise permitted by section 317(a); shall within Title I and Title IV of the Act be accompanied, as exhibits, by all docushall not exceed ten per centum of the ments including agreements relating to total amount paid on account of such remuneration, available to petitioner claim. evidencing the allegations of his petition; (d) No remuneration on account of and shall state the total amount of reany services rendered on behalf of any muneration which it is believed should claimant in connection with any claim be authorized. filed with the Commission under Title V of the International Claims Settle $ 500.5 Order allowing fees in excess of ten percentum of amount paid on ment Act of 1949, as amended (claims account of claims under Title III of against the Government of Cuba), shall the International Claims Settlement exceed 10 per centum of so much of the Act of 1949, as amended. total amount of such claim, as determined by the Commission under Title V The Commission may, upon the petiof the Act, as does not exceed $20,000, tion described in $ 500.4 and supporting plus 5 per centum of so much of such affidavit, after consultation with the amount, if any, as exceeds $20,000. claimant and consideration of the evi(e) The total remuneration on ac dence, in its sole discretion, upon a findcount of services rendered or to be ren ing that there exist special circumstances dered to or on behalf of any applicant in of unusual hardship which require the connection with any application filed payment of a fee in excess of the maxiunder Public Law 87–616 (76 Stat. 411) mum amount otherwise allowable, issue shall not exceed five per centum of the an order authorizing such excess, the amount paid by the Commission on ac said order to specify the amount of such count of such application. excess. 128 F.R. 13495, Dec. 13, 1963, as amended at [28 F.R. 13495, Dec. 13, 1963, as amended at 30 F.R. 13869, Nov. 2, 1965) 30 F.R. 13869, Nov. 2, 1965) $ 500.4 Petitions for additional remu $ 500.6 Suspension of attorneys. neration pursuant to section 317(b) (a) The Commission may disqualify, of Title III of the Act." or deny, temporarily or permanently, the A petition under section 317(b) of privilege of appearing or practicing bethe Act for an order authorizing the fore it in any way to any person who is payment of remuneration in excess of found after a hearing in the matterthe maximum prescribed by section 317 (1) Not to possess the requisite quali(a) of the Act shall be in writing and fications to represent others before the verified by the petitioner. It shall in Commission; or (2) To be lacking in character or include (a) a fully itemized statement of tegrity or to have engaged in unethical all services at any time rendered by the or improper professional conduct; or petitioner on behalf of the claimant in (3) To have violated sections 10 and connection with the claim with respect 214 of the War Claims Act of 1948, as to which the petition is filed, whether amended, or sections 4(f), 317(a), 414, and 512 of the International Claims Set1 Refers to the International Claims Set tlement Act of 1949, as amended, or tlement Act of 1949, as amended. $ 500.3 of Part 500 of the regulations. SUBCHAPTER A-RULES OF PRACTICE PART 500—APPEARANCE AND PRAC TICE BEFORE THE COMMISSION Sec. 500.1 Appearance and practice. 500.2 Notice of entry or withdrawal of counsel in claims. 500.3 Fees. 500.4 Petitions for additional remuneration pursuant to section 317(b) of Title III of the Act. 500.5 Order allowing fees in excess of ten percentum of amount paid on account of claims under Title III of the International Claims Settlement Act of 1949, as amended. 500.6 Suspension of attorneys. 500.7 Restrictions on former employees. AUTHORITY: The provisions of this part 500 issued under sec. 2, 62 Stat. 1240, as amended, sec. 3, 64 Stat. 13, as amended; 50 U.S.C. App. 2001, 22 U.S.C. 1622. SOURCE: The provisions of this part 500 appear at 28 F.R. 13495, Dec. 13, 1963, unless otherwise noted. $ 500.1 Appearance and practice. (a) An individual may appear in his own behalf; a member of a partnership may represent the partnership; a bona fide officer of a corporation, trust or association may represent the corporation, trust or association; an officer or employee of the United States Department of Justice, when designated by the Attorney General of the United States, may represent the United States in a claim proceeding. (b) A person may be represented by an attorney at law admitted to practice in any State or Territory of the United States, or the District of Columbia. With respect to Philippine war damage claims under the provisions of Public Law 87-616 (76 Stat. 411), a person may also be represented by an attorney at law in good standing with the Philippine Bar Association or the Philippine Supreme Court. However, such attorney may be required to furnish a certificate to this effect. (c) In cases falling within the purview of Subchapter B of this chapter, persons designated by veterans' service, and other organizations to appear before the Commission in a representative capacity on behalf of claimants shall be deemed duly authorized to practice before the Commission when the designating organization shall have been issued a letter of accreditation by the Commis sion. Petitions for accreditation shall be in writing, executed by duly authorized officer or officers, addressed to the Foreign Claims Settlement Commission of the United States, Washington, D.C. Upon receipt of a petition setting forth pertinent facts as to the organization's history, purpose, number of posts or chapters and their locations, approximate number of paid-up membership, statements that the organization will not charge any fee for services rendered by its designees in behalf of claimants and that it will not refuse on the grounds of non-membership to represent any claimant who applies for such representation if he has an apparently valid claim, accompanied by a copy of the organization's constitution, or charter, by-laws, and its latest financial statement, the Commission in its discretion will consider and in appropriate cases issue or deny letters of accreditation. (d) A person may not be represented before the Commission except as authorized in paragraph (a), (b) or (c) of this section. $ 500.2 Notice of entry or withdrawal of counsel in claims. (a) Counsel entering an appearance in a claim originally filed by claimant in his own behalf or requesting a substitution of attorneys, and counsel filing a claim on behalf of a claimant under Publice Law 87-616, shall be required to file an authorization by claimant. (b) When counsel seeks to withdraw from the prosecution of a claim, it must appear that he has duly notified his client (claimant). (c) When a claimant advises the Commission that counsel no longer represents him, a copy of the Commission's acknowledgment shall be forwarded to such counsel. $ 500.3 Fees. (a) No remuneration on account of services rendered or to be rendered to or on behalf of any claimant in connection with any claim falling within the purview of Subchapter B and Subchapter F of this chapter shall exceed ten per certum of the amount allowed on account of such claim, except that the Commission in its discretion may fix a lesser per centum with respect to any claim filed thereunder. |