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the purview of Subchapter B and Sub- [28 FR 13495, Dec. 13, 1963, as amended at chapter F of this chapter shall exceed 30 FR 13869, Nov. 2, 1965; 33 FR 232, Jan. 6, ten per centum of the amount allowed
1968; 47 FR 10850, Mar. 12, 1982) on account of such claim, except that
8 500.4 Petitions for additional remunera. the Commission in its discretion may
tion pursuant to section 317(b) of Title fix a lesser per centum with respect to
III of the Act.' any claim filed thereunder. (b) The total remuneration on ac
A petition under section 317(b) of
the Act for an order authorizing the count of services rendered or to be
payment of remuneration in excess of rendered to or on behalf of any claim
the maximum prescribed by section ant in connection with any claim fall
317(a) of the Act shall be in writing ing within the purview of Title III of
and verified by the petitioner. It shall the Act' shall not exceed ten per
include (a) a fully itemized statement centum of the total amount paid on
of all services at any time rendered by account of such claim, except that the
the petitioner on behalf of the claimCommission may upon petition, as pre
ant in connection with the claim with scribed in $ 500.4, in its discretion
respect to which the petition is filed, enter an order authorizing such remu
whether rendered before or after the neration in an amount which exceeds
filing of the claim with the Commisthe maximum otherwise permitted.
sion, (b) a statement of all remunera(c) The total remunerataion on ac tion theretofore received by the peticount of services rendered or to be
tioner on account of such services, and rendered to or on behalf of any claim (c) an itemized statement to the best ant in connection with any claim fall of petitioner's knowledge, information ing within Title I, Title IV, Title VI, or and belief, of all services theretofore Title VII of the International Claims at any time rendered by any other Settlement Act or under Public Law person or persons on behalf of the 97-127, the Czechoslovakian Claims claimant in connection with such Settlement Act of 1981, approved De- claim and of all remuneration paid on cember 29, 1981, shall not exceed ten account of such other services; shall per centum of the total amount paid state in detail such special circumon account of such claim.
stances of unusual hardships as, in the (d) No remuneration on account of opinion of the petitioner, justify pay. any services rendered on behalf of any ment in excess of the maximum remu. claimant in connection with any claim neration otherwise permitted by secfiled with the Commission under Title tion 317(a); shall be accompanied, as V of the International Claims Settle exhibits, by all documents including ment Act of 1949, as amended (claims agreements relating to remuneration, against the Government of Cuba and
available to petitioner evidencing the the Chinese Communist regime), shall
allegations of his petition; and shall exceed 10 per centum of so much of
state the total amount of remunerathe total amount of such claim, as de
tion which it is believed should be autermined by the Commission under
thorized. Title V of the Act, as does not exceed
8 500.5 Order allowing fees in excess of $20,000, plus 5 per centum of so much
ten percentum of amount paid on acof such amount, if any, as exceeds
count of claims under Title III of the $20,000.
International Claims Settlement Act of (e) The total remuneration on ac
1949, as amended. count of services rendered or to be
The Commission may, upon the petirendered to or on behalf of any appli
tion described in $ 500.4 and supportcant in connection with any applica
ing affidavit, after consultation with tion filed under Pub. L. 87-616 (76
the claimant and consideration of the Stat. 411) shall not exceed five per
evidence, in its sole discretion, upon a centum of the amount paid by the
finding that there exist special circumCommission on account of such application.
Refers to the International Claims Set(Pub. L. 96-606; 22 U.S.C. 1642)
tlement Act of 1949, as amended.
stances of unusual hardship which re- period of one year following such seryquire the payment of a fee in excess of ice, appear personally before the Comthe maximum amount otherwise al mission as agent or attorney for lowable, issue an order authorizing anyone other than the United States such excess, the said order to specify with respect to a matter which was the amount of such excess.
within the boundaries of his official [28 FR 13495, Dec. 13, 1963, as amended at
responsibility during the last year of
his service as an officer or employee of 30 FR 13869, Nov. 2, 1965)
the Government. 8 500.6 Suspension of attorneys. (a) The Commission may disqualify,
PART 501-SUBPOENAS, or deny; temporarily or permanently, DEPOSITIONS, AND OATHS the privilege of appearing or practicing before it in any way to any person Sec. who is found after a hearing in the 501.1 Extent of authority. matter
501.2 Subpoenas. (1) Not to possess the requisite quali
501.3 Service of process. fications to represent others before
501.5 Depositions. the Commission; or (2) To be lacking in character or in
501.6 Documentary evidence.
501.7 Time. tegrity or to have engaged in unethical or improper professional conduct; or AUTHORITY: Sec. 2, 62 Stat. 1240, as
(3) To have violated sections 10 and amended, sec. 3, 64 Stat. 13, as amended; 50 214 of the War Claims Act of 1948, as U.S.C. App. 2001, 22 U.S.C. 1622. amended, or sections 4(f), 317(a), 414, SOURCE: 28 FR 13496, Dec. 13, 1963, unless and 512 of the International Claims otherwise noted. Settlement Act of 1949, as amended, or $ 500.3 of Part 500 of the regula. 8 501.1 Extent of authority. tions.
(a) Subpoenas, oaths and affirma(b) Contemptuous or contumacious tions. The Commission or any member conduct at any hearing shall be
thereof may issue subpoenas, adminisground for exclusion from said hear
ter oaths and affirmations, take affiing and for summary suspension with davits, conduct investigations and exout a hearing for the duration of the amine witnesses in connection with hearing.
any hearing, examination, or investi[28 FR 13495, Dec. 15, 1963, as amended at
gation within its jurisdiction. 30 FR 13870, Nov. 2, 1965)
(b) Certification. The Commission
or any member thereof may, for the 8 500.7 Restrictions on former employees. purpose of any such hearing, examina
(a) No former officer or employee of tion, or investigation, certify the corthe executive branch of the United rectness of any papers, documents, States Government, of any independ and other matters pertaining to the ent agency of the United States, or of administration of any laws relating to the District of Columbia, shall act in
the functions of the Commission. any way as agent or attorney for anyone other than the United States
8 501.2 Subpoenas. in connection with any matter before (a) Issuance. A member of the Com
Commission if he participated in mission or a designated employee may, the matter personally and substantial- on his own volition or upon written aply through decision, approval, disap- plication by any party and upon a proval, recommendation, the render- showing of general relevance and reaing of advice, investigation, or other sonable scope of the evidence sought, wise, while so employed.
issue subpoenas requiring persons to (b) No former officer or employee of appear and testify or to appear and the executive branch of the United produce documents. Applications for States Government, of any independ the issuance of subpoenas duces tecum ent agency of the United States, or of shall specify the books, records, correthe District of Columbia, shall, for a spondence, 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 motion must be stated in detail. Any party desiring to file an answer to a motion to quash must file such answer not later than 15 days after the filing of the motion. The Commission shall rule on the motion to quash, duly recognizing any answer thereto filed. The motion, answer, and any ruling thereon shall become part of the official record.
(d) Appeal from interlocutory order. An appeal may be taken to the Commission by the interested parties from the denial of a motion to quash or from the refusal to issue a subpoena for the production of documentary evidence.
(e) Order of court upon failure to comply. Upon the failure or refusal of any person to comply with a subpoena, the Commission may invoke the aid of the United States District Court within the jurisdiction of which the hearing, examination or investigation is being conducted, or wherein such person resides or transacts business. Such court, pursuant to the provisions of Pub. L. 696, 81st Congress, approved August 16, 1950, 50 U.S.C. App. 2001(d), may issue an order requiring such person to appear at the designated place of hearing, examination or investigation, then and there to give or produce testimony or documentary evidence concerning the matter in question. Any failure to obey such an order may be punished by the court as a contempt thereof. All processes in any such case may be served in the judicial district wherein such person resides or transacts business or wherever such person may be found.
8501.3 Service of process.
(a) By whom served. The Commission shall serve all orders, notices and other papers issued by it, together with any other papers which it is required by law to serve.
(b) Kinds of service. Subpoenas, orders, rulings, and other processes of the Commission, may be served by delivering in person, by first class or registered mail, or by telegraph or by publications.
(c) Personal service. Service by delivering in person may be accomplished by:
(1) Delivering a copy of the document to the person to be served, to a member of the partnership to be served, to an executive officer, or a director of the corporation to be served or to a person competent to accept service; or
(2) By leaving a copy thereof at the residence, principal office or place of business of such person, partnership, or corporation.
(3) Proof of service. The return receipt for said order, other process or supporting papers, or the verification by the person serving, setting forth the manner of said service, shall be proof of the service of the document.
(4) Service upon attorney or agent. When any party has appeared by an authorized attorney or agent, service upon such attorney or agent shall be deemed service upon the party.
(d) Service by first class mail. Sery. ice by first class mail shall be regarded as complete, upon deposit in the United States mail properly stamped and addressed.
(e) Service by registered mail. Serv. ice by registered mail shall be regarded as complete on the date the return post office registered receipt for said orders, notices and other papers, is received by the Commission.
(f) Service by telegraph. Service by telegraph shall be regarded as complete when deposited with a telegraph company properly addressed and with charges prepaid.
(g) Service by publication. Service by publication is complete when due notice shall have been given in the publication for the time and in the manner provided by law or rule.
(h) Date of service. The date of serv- proposed date of such hearing or exice shall be the day upon which the amination. document is deposited in the United (2) Application to take a deposition States mail or delivered in person, as may be made during a hearing or exthe case may be.
amination, or subsequent to a hearing (i) Filing with Commission. Papers or examination only where it is shown required to be filed with the agency for good cause that such testimony is shall be deemed filed upon actual re
essential and that the facts as set ceipt by the Commission accompanied forth in the application to take the by proof of service upon parties re
deposition where not within the quired to be served. Upon such actual knowledge of the person signing the receipt the filing shall be deemed com application prior to the time of the plete as of the date of deposit in the hearing or examination. mail or with the telegraph company as
(3) The Commission or its repreprovided in paragraphs (e) and (f) of
sentative shall, upon receipt of the apthis section.
plication and a showing of good cause,
make and cause to be served upon the $ 501.4 Witnesses.
parties an order which will specify the (a) Examination of witnesses. Wit
name of the witness whose deposition
is to be taken, the time, the place, and nesses shall appear in person and be
where practicable the designation of examined orally under oath, except
the officer before whom the witness is that for good cause shown, testimony
to testify. Such officer may or may may be taken by deposition.
not be the one specified in the applica(b) Witness fees and mileage. Wit
tion. The order shall be served upon nesses summoned by the Commission
all parties at least 10 days prior to the on its own behalf or on behalf of a
date of the taking of the deposition. claimant or interested party shall be
(b) Who may take. Such deposition paid the same fees and mileage that
may be taken before the designated are allowed and paid witnesses in the
officer or, if none is designated, before District Courts of the United States.
any officer authorized to administer Witness fees and mileage shall be paid
oaths by the laws of the United States. by the Commission or by the party at
If the examination is held in a foreign whose request the witness appears.
country, it may be taken before a sec(c) Transcript of testimony. Every
retary of an embassy or legation, person required to attend and testify
consul-general, consul, vice consul, or or to submit documents or other evi
consular agent of the United States. dence shall be entitled to retain or, on
(c) Examination and certification of payment of prescribed costs, procure a
testimony. At the time and place specicopy of transcript of his testimony or
fied in said order the officer taking the documents produced.
such deposition shall permit the wit
ness to be examined and cross-exam8 501.5 Depositions.
ined under oath by all parties appear(a) Application to take. (1) An appli- ing, and his testimony shall be recation to take a deposition shall be in duced to writing by, or under the diwriting setting forth the reason why rection of, the presiding officer. All such deposition should be taken, the objections to questions or evidence name and address of the witness, the shall be deemed waived unless made in matters concerning which it is expect accordance with paragraph (d) of this ed the witness will testify, and the section. The officer shall not have time and place proposed for the taking power to rule upon any objections but of the deposition, together with the he shall note them upon the deposiname and address of the person before tion. The testimony shall be subwhom it is desired that the deposition scribed by the witness in the presence be taken. If such deposition is being of the officer who shall attach his ceroffered in connection with a hearing tificate stating that the witness was or examination, the application for duly sworn by him, that the deposition deposition shall be made to the Com- is a true record of the testimony and mission at least 15 days prior to the exhibits given by the witness and that
said officer is not counsel or attorney deposition, shall be entitled to the to any of the interested parties. The same fees and mileage allowed and officer shall immediately seal and de- paid for like service in the United liver an original and two copies of said States District Court for the district in transcript, together with his certifi- which the deposition is taken. Such cate, by registered mail to the Foreign fees shall be paid by the Commission Claims Settlement Commission, Wash- or by the party at whose request the ington, D.C., or to the field office des- deposition is being taken. ignated.
(d) Admissibility in evidence. The $ 501.6 Documentary evidence. deposition shall be admissible in evi
Documentary evidence may consist dence, subject to such objections to
of books, records, correspondence or the questions and answers as were
other documents pertinent to any noted at the time of taking the deposi.
hearing, examination, or investigation tion, or within ten (10) days after the
within the jurisdiction of the Commisreturn thereof, and would be valid
sion. The application for the issuance were the witness personally present at
of subpoenas duces tecum shall specify the hearing.
the books, records, correspondence or (e) Errors and irregularities. All
other documents sought. The producerrors or irregularities occurring shall
tion of documentary evidence shall be deemed waived unless a motion to
not be required at any place other suppress the deposition or some part thereof is made with reasonable
than the witness' place of business.
The production of such documents promptness after such defect is, or
shall not be required at any place if, with due diligence might have been, ascertained.
prior to the return date specified in
the subpoena, such person either has (f) Scope of use. The deposition of a witness, if relevant, may be used if the
furnished the issuer of the subpoena Commission finds: (1) That the wit
with a properly certified copy of such ness has died since the deposition was
documents or has entered into a stiputaken; or (2) that the witness is
lation as to the information contained beyond a distance greater than 100
in such documents. miles radius of Washington, D.C., the
$ 501.7 Time. designated field office or the designated place of the hearing; or (3) that the (a) Computation. In computing any witness is unable to attend because of period of time prescribed or allowed other good cause shown.
by the regulations by order of the (g) Interrogatories and cross-inter Commission, or by any applicable statrogatories. Depositions may also be ute, the day of the act, event, or detaken and submitted on written inter fault after which the designated rogatories in substantially the same period of time begins to run is not to manner as depositions taken by oral be included. The last day of the period examinations. When a deposition is so computed is to be included, unless it taken upon interrogatories and cross is a Saturday, Sunday or legal holiday, interrogatories, none of the parties in which event the period runs until shall be present or represented, and no the end of the next day which is neiperson, other than the witness, and ther a Saturday, Sunday nor a holihis representative or attorney, a steno- day. When the period of time pregraphic reporter and the presiding of- scribed or allowed is less than 7 days, ficer, shall be present at the examina intermediate Saturdays, Sundays and tion of the witness, which fact shall be holidays shall be excluded in the comcertified by such officer, who shall putation. propound the interrogatories and (b) Enlargement. When by the regucross-interrogatories to the witness in lations in this chapter or by a notice their order and reduce the testimony given thereunder or by order of the to writing in the witness' own words. Commission an act is required or al
(h) Fees. A witness whose deposition lowed to be done at or within a specific is taken pursuant to the regulations in time, the Commission for good cause this part and the officer taking the shown may, at any time in its discre