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(c) When a claimant advises the Commission that counsel no longer represents him, a copy of the Commission's acknowledgment shall be forwarded to such counsel.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 centum 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.
(b) The total 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 Title III of the Act shall not exceed ten per centum of the total amount paid on account of such claim, except that the Commission may upon petition, as prescribed in $ 500.4, in its discretion enter an order authorizing such remuneration in an amount which exceeds the maximum otherwise permitted.
(c) The total remuneration on account of services rendered or to be rendered to or on behalf of any claimant in connection with any claim falling within Title I and Title IV of the Act' shall not exceed ten per centum of the total amount paid on account of such claim.
(d) No remuneration on account of any services rendered on behalf of any claimant in connection with any claim filed with the Commission under Title V of the International Claims Settlement Act of 1949, as amended (claims against the Government of Cuba and the Chinese Communist regime), shall exceed 10 per centum of so much of the total amount of such claim, as determined by the Commission under Title V of the Act, as does not exceed $20,000, plus 5 per centum of so much of such amount, if any, as exceeds $20,000.
(e) The total remuneration on account of services rendered or to be rendered to or on behalf of any applicant in connection with any application filed under Public Law 87-616 (76 Stat. 411)
shall not exceed five per centum of the amount paid by the Commission on account of such application. (28 F.R. 13495, Dec. 13, 1963, as amended at 30 F.R. 13869, Nov. 2, 1965; 33 F.R. 232, Jan. 6, 1968] $ 500.4 Petitions for additional remu
neration pursuant to section 317(b)
of Title III of the Act. A petition under section 317(b) of the Act for an order authorizing the payment of remuneration in excess of the maximum prescribed by section 317 (a) of the Act shall be in writing and verified by the petitioner. It shall include (a) a fully itemized statement of all services at any time rendered by the petitioner on behalf of the claimant in connection with the claim with respect to which the petition is filed, whether rendered before or after the filing of the claim with the Commission, (b) a statement of all remuneration theretofore received by the petitioner on account of such services, and (c) an itemized statement to the best of petitioner's knowledge, information and belief, of all services theretofore at any time rendered by any other person or persons on behalf of the claimant in connection with such claim and of all remuneration paid on account of such other services; shall state in detail such special circumstances of unusual hardships as, in the opinion of the petitioner, justify payment in excess of the maximum remuneration otherwise permitted by section 317(a); shall be accompanied, as exhibits, by all documents including agreements relating to remuneration, available to petitioner evidencing the allegations of his petition; and shall state the total amount of remuneration which it is believed should be authorized. $ 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. The Commission may, upon the petition described in $ 500.4 and supporting affidavit, after consultation with the claimant and consideration of the evidence, in its sole discretion, upon a finding that there exist special circumstances of unusual hardship which require the payment of a fee in excess of the maximum amount otherwise allowable, issue an order authorizing such excess, the
1 Refers to the International Claims Settlement Act of 1949, as amended.
said order to specify the amount of such excess. [28 F.R. 13495, Dec. 13, 1963, as amended at 30 F.R. 13869, Nov. 2, 1965) $ 500.6 Suspension of attorneys.
(a) The Commission may disqualify, or deny, temporarily or permanently, the privilege of appearing or practicing before it in any way to any person who is found after a hearing in the matter
(1) Not to possess the requisite qualifications to represent others before the Commission; or
(2) To be lacking in character or integrity or to have engaged in unethical or improper professional conduct; or
(3) To have violated sections 10 and 214 of the War Claims Act of 1948, as amended, or sections 4(f), 317(a), 414, and 512 of the International Claims Settlement Act of 1949, as amended, or $ 500.3 of Part 500 of the regulations.
(b) Contemptuous or contumacious conduct at any hearing shall be ground for exclusion from said hearing and for summary suspension without a hearing for the duration of the hearing. (28 F.R. 13495, Dec. 15, 1963, as amended at 30 F.R. 13870, Nov. 2, 1965) $ 500.7 Restrictions former
ployees. (a) No former officer or employee of the executive branch of the United States Government, of any independent agency of the United States, or of the District of Columbia, shall act in any way as agent or attorney for anyone other than the United States in connection with any matter before the Commission if he participated in the matter personally and substantially through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, while so employed.
(b) No former officer or employee of the executive branch of the United States Government, of any independent agency of the United States, or of the District of Columbia, shall, for a period of one year follo ng service, appear personally before the Commission as agent or attorney for anyone other than the United States with respect to a matter which was within the boundaries of his official responsibility during the last year of his service as an officer or employee of the Government.
PART 501--SUBPOENAS, DEPOSI
TIONS, AND OATHS Sec. 501.1 Extent of authority. 501.2 Subpoenas. 501.3 Service of process. 501.4 witnesses. 501.5 Depositions. 501.6 Documentary evidence. 501.7 Time.
AUTHORITY: The provisions of this part 501 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 501 appear at 28 F.R. 13496, Dec. 13, 1963, unless otherwise noted. $ 501.1 Extent of authority.
(a) Subpoenas, oaths and afirmations. The Commission or any member thereof may issue subpoenas, administer oaths and affirmations, take affidavits, conduct investigations and examine witnesses in connection with any hearing, examination, or investigation within its jurisdiction.
(b) Certification. The Commission or any member thereof may, for the purpose of any such hearing, examination, or investigation, certify the correctness of any papers, documents, and other matters pertaining to the administration of any laws relating to the functions of the Commission. $ 501.2 Subpoenas.
(a) Issuance. A member of the Commission or a designated employee may, on his own volition or upon written application by any party and upon a showing of general relevance and reasonable scope of the evidence sought, issue subpoenas requiring persons to appear and testify or to appear and produce documents. Applications for the issuance of subpoenas duces tecum shall specify the books, records, correspondence, or other documents sought. The subpoena shall show on its face the name and address of the party at whose request the subpoena was issued.
(b) Deposit for costs. The Commission or designated employee, before issuing any subpoena in response to any application by an interested party, may require a deposit in an amount adequate to cover the fees and mileage involved.
(c) Motion to quash. If any person subpoenaed does not intend to comply with the subpoena, he shall, within 15 days after the date of service of the subpoena upon him, petition in writing to
quash the subpoena. The basis for the (2) By leaving a copy thereof at the motion must be stated in detail. Any residence, principal office or place of busiparty desiring to file an answer to a mo ness of such person, partnership, or cortion to quash must file such answer not poration. later than 15 days after the filing of the (3) Proof of service. The return remotion. The Commission shall rule on ceipt for said order, other process or supthe motion to quash, duly recognizing porting papers, or the verification by the any answer thereto filed. The motion, person serving, setting forth the manner answer, and any ruling thereon shall be of said service, shall be proof of the come part of the official record.
service of the document. (d) Appeal from interlocutory order. (4) Service upon attorney or agent. An appeal may be taken to the Commis When any party has appeared by an sion by the interested parties from the authorized attorney or agent, service denial of a motion to quash or from the upon such attorney or agent shall be refusal to issue a subpoena for the pro deemed service upon the party. duction of documentary evidence.
(d) Service by first class mail. Service (e) Order of court upon failure to by first class mail shall be regarded as comply. Upon the failure or refusal of complete, upon deposit in the United any person to comply with a subpoena, States mail properly stamped and adthe Commission may invoke the aid of dressed. the United States District Court within (e) Service by registered mail. Serythe jurisdiction of which the hearing, ice by registered mail shall be regarded examination or investigation is being as complete on the date the return post conducted, or wherein such person re office registered receipt for said orders, sides or transacts business. Such court, notices and other papers, is received by pursuant to the provisions of Public Law the Commission. 696, 81st Congress, approved August 16, (f) Service by telegraph. Service by 1950, 50 U.S.C. App. 2001(d), may issue telegraph shall be regarded as complete an order requiring such person to appear
when deposited with a telegraph comat the designated place of hearing, ex pany properly addressed and with amination or investigation, then and charges prepaid. there to give or produce testimony or (g) Service by publication. Service by documentary evidence concerning the publication is complete when due notice matter in question. Any failure to obey shall have been given in the publication such an order may be punished by the for the time and in the manner provided court as a contempt thereof. All proc by law or rule. esses in any such case may be served in (h) Date of service. The date of serythe judicial district wherein such person ice shall be the day upon which the docuresides or transacts business or wher ment is deposited in the United States ever such person may be found.
mail or delivered in person, as the case
may be. 8 501.3 Service of process.
(1) Filing with Commission. Papers (a) By whom served. The Commis required to be filed with the agency shall sion shall serve all orders, notices and be deemed filed upon actual receipt by other papers issued by it, together with the Commission accompanied by proof any other papers which it is required by of service upon parties required to be law to serve.
served. Upon such actual receipt the (b) Kinds of service. Subpoenas, or filing shall be deemed complete as of the ders, rulings, and other processes of the date of deposit in the mall or with the Commission, may be served by delivering
telegraph company as provided in parain person, by first class or registered
graphs (e) and (f) of this section. mail, or by telegraph or by publications. $ 501.4 Witnesses. (c) Personal service. Service by de
(a) Examination of witnesses. Witlivering in person may be accomplished
nesses shall appear in person and be by:
examined orally under oath, except that (1) Delivering a copy of the document for good cause shown, testimony may be to the person to be served, to a member taken by deposition. of the partnership to be served, to an (b) Witness fees and mileage. Witexecutive officer, or a director of the nesses summoned by the Commission on corporation to be served or to a person its own behalf or on behalf of a claimcompetent to accept service; or
ant or interested party shall be paid the
281 66-100 072 -19
same fees and mileage that are allowed and paid witnesses in the District Courts of the United States. Witness fees and mileage shall be paid by the Commission or by the party at whose request the witness appears.
(c) Transcript of testimony. Every person required to attend and testify or to submit documents or other evidence shall be entitled to retain or, on payment of prescribed costs, procure a copy of transcript of his testimony or the documents produced. $ 501.5 Depositions.
(a) Application to take. (1) An application to take a deposition shall be in writing setting forth the reason why such deposition should be taken, the name and address of the witness, the matters concerning which it is expected the witness will testify, and the time and place proposed for the taking of the deposition, together with the name and address of the person before whom it is desired that the deposition be taken. If such deposition is being offered in connection with a hearing or examination, the application for deposition shall be made to the Commission at least 15 days prior to the proposed date of such hearing or examination.
(2) Application to take a deposition may be made during a hearing or examination, or subsequent to a hearing or examination only where it is shown for good cause that such testimony is essential and that the facts as set forth in the application to take the deposition were not within the knowledge of the person signing the application prior to the time of the hearing or examination.
(3) The Commission or its representative shall, upon receipt of the application and a showing of good cause, make and cause to be served upon the parties an order which will specify the name of the witness whose deposition is to be taken, the time, the place, and where practicable the designation of the officer before whom the witness is to testify. Such officer may or may not be the one specified in the application. The order shall be served upon all parties at least 10 days prior to the date of the taking of the deposition.
(b) Who may take. Such deposition may be taken before the designated officer or, if none is designated, before any officer authorized to administer oaths by the laws of the United States. If the examination is held in a foreign
country, it may be taken before a secretary of an embassy or legation, consulgeneral, consul, vice consul, or consular agent of the United States.
(c) Examination and certification of testimony. At the time and place specified in said order the officer taking such deposition shall permit the witness to be examined and cross-examined under oath by all parties appearing, and his testimony shall be reduced to writing by, or under the direction of, the presiding officer. All objections to questions or evidence shall be deemed waived unless made in accordance with paragraph (d) of this section. The officer shall not have power to rule upon any objections but he shall note them upon the deposition. The testimony shall be subscribed by the witness in the presence of the officer who shall attach his certificate stating that the witness was duly sworn by him, that the deposition is a true record of the testimony and exhibits given by the witness and that said officer is not counsel or attorney to any of the interested parties. The officer shall immediately seal and deliver an original and two copies of said transcript, together with his certificate, by registered mail to the Foreign Claims Settlement Commission, Washington, D.C., or to the field office designated.
(d) Admissibility in evidence. The deposition shall be admissible in evidence, subject to such objections to the questions and answers as were noted at the time of taking the deposition, or within ten (10) days after the return thereof, and would be valid were the witness personally present at the hearing.
(e) Errors and irregularities. All errors or irregularities occurring shall be deemed waived unless a motion to suppress the deposition or some part thereof is made with reasonable promptness after such defect is, or with due diligence might have been, ascertained.
(f) Scope of use. The deposition of a witness, if relevant, may be used if the Commission finds: (1) That the witness has died since the deposition was taken; or (2) that the witness is beyond a distance greater than 100 miles radius of Washington, D.C., the designated field office or the designated place of the hearing; or (3) that the witness is unable to attend because of other good cause shown.
(g) Interrogatories and cross-interrogatories. Depositions may also be taken and submitted on written inter
which is neither a Saturday, Sunday nor a holiday. When the period of time prescribed or allowed is less than 7 days, Intermediate Saturdays, Sundays and holidays shall be excluded in the computation.
(b) Enlargement. When by the regulations in this chapter 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 specific time, the Commission for good cause shown may, at any time in its discretion (1) with or without motion or notice, previous order or (2) upon motion permit the act to be done after the expiration of the specified period.
rogatories in substantially the same manner as depositions taken by oral examinations. When a deposition is taken upon interrogatories and cross-interrogatories, none of the parties shall be present or represented, and no person, other than the witness, and his representative or attorney, a stenographic reporter and the presiding officer, shall be present at the examination of the witness, which fact shall be certified by such officer, who shall propound the interrogatories and cross-interrogatories to the witness in their order and reduce the testimony to writing in the witness' own words.
(h) Fees. A witness whose deposition is taken pursuant to the regulations in this part and the officer taking the deposition, shall be entitled to the same fees and mileage allowed and paid for like service in the United States District Court for the district in which the deposition is taken. Such fees shall be paid by the Commission or by the party at whose request the deposition is being taken. $ 501.6 Documentary evidence.
Documentary evidence may consist of books, records, correspondence or other documents pertinent to any hearing, examination, or investigation within the jurisdiction of the Commission. The application for the issuance of subpoenas duces tecum shall specify the books, records, correspondence or other documents sought. The production of documentary evidence shall not be required at any place other than the witness' place of business. The production of such documents shall not be required at any place if, prior to the return date specified in the subpoena, such person either has furnished the issuer of the subpoena with a properly certified copy of such documents or has entered into a stipulation
as to the information contained in such i documents. $ 501.7 Time.
(a) Computation. In computing any period of time prescribed or allowed by the regulations by order of the Commission, 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 which event the period runs until the end of the next day
PART 502-EMPLOYEE RESPONSI
BILITIES AND CONDUCT Sec. 502.735-1 Adoption of regulations. 502.735-2 Review of statements of employ
ment and financial interests. 502.735–3 Disciplinary and other remedial
action. 502.735—4 Gifts, entertainment, and favors. 502.735-5 Outside employment and other
activity. 502.735-6 Specific provisions of agency reg
ulations governing special Gov
ernment employees. 502.735-7 Statements of employment and
financial interest. 502.735–8 Supplementary statements.
AUTHORITY: The provisions of this part 502 issued under E.O. 11222 of May 8, 1965, 3 CFR 1965 Supp.; 5 CFR 735.101 et seq.
SOURCE: The provisions of this part 502 appear at 32 F.R. 13508, Sept. 27, 1967, unless otherwise noted. $ 502.735-1 Adoption of regulations.
Pursuant to 5 CFR 735.104(f), the Foreign Claims Settlement Commission of the United States (referred to hereinafter as the Commission) hereby adopts the following sections of Part 735 of Title 5, Code of Federal Regulations: $$735.101-102 735.201a, 735.202 (a), (d),
(f)-735.210, 735.302, 735.303(a), 735.304, 735.305(a), 735.403 (a), 735.404, 735.405, 735.407–735.411, 735.412 (b) and (d). These adopted sections are modified and supplemented as set forth in this part. § 502.735–2 Review of statements of
employment and financial interests, Each statement of employment and financial interests submitted under this