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[28 FR 13495, Dec. 13, 1963, as amended at 30 FR 13869, Nov. 2, 1965; 33 FR 232, Jan. 6, 1968; 47 FR 10850, Mar. 12, 1982]
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 fiz 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 remunerataion 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, Title IV, Title VI, or Title VII of the International Claims Settlement Act or under Public Law 97-127, the Czechoslovakian Claims Settlement Act of 1981, approved December 29, 1981, 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 Pub. L. 87-616 (76 Stat. 411) shall not exceed five per centum of the amount paid by the Commission on account of such application. (Pub. L. 96-606; 22 U.S.C. 1642)
8 500.4 Petitions for additional remunera
tion 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.
8 500.5 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 circum
'Refers to the International Claims Settlement Act of 1949, as amended.
stances of unusual hardship which re- period of one year following such servquire 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
responsibility during the last year of [28 FR 13495, Dec. 13, 1963, as amended at
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
501.4 Witnesses. the Commission; or
501.5 Depositions. (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 8501.1 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 out 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 Comthe 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
delf. The subpoena shall show on $ 501.3 Service of process. flare the name and address of the sary at. whose request the subpoena
(a) By whom served. The Commission shall serve all orders, notices and
other papers issued by it, together toy Deposit for costs. The Commistilni or designated employee, before is
with any other papers which it is re
quired by law to serve. mil. any subpoena in response to any hixlication by an interested party,
(b) Kinds of service. Subpoenas, Hay require a deposit in an amount
orders, rulings, and other processes of nequate to cover the fees and mileage
the Commission, may be served by deInvolved.
livering in person, by first class or regle) Motion to quash. If any person
istered mail, or by telegraph or by
publications. subpoenaed does not intend to comply with the subpoena, he shall, within 15
(c) Personal service. Service by delidays after the date of service of the
vering in person may be accomplished subpoena, upon him, petition in writ
by: ing to quash the subpoena. The basis
(1) Delivering a copy of the docufor the motion must be stated in
ment to the person to be served, to a detail. Any party desiring to file an
member of the partnership to be answer to a motion to quash must file
served, to an executive officer, or a disuch answer not later than 15 days
rector of the corporation to be served after the filing of the motion. The
or to a person competent to accept Commission shall rule on the motion
service; or to quash, duly recognizing any answer
(2) By leaving a copy thereof at the thereto filed. The motion, answer, and
residence, principal office or place of any ruling thereon shall become part
business of such person, partnership, of the official record.
or corporation. (d) Appeal from interlocutory order.
(3) Proof of service. The return reAn appeal may be taken to the Com
ceipt for said order, other process or mission by the interested parties from
supporting papers, or the verification the denial of a motion to quash or
by the person serving, setting forth from the refusal to issue a subpoena
the manner of said service, shall be for the production of documentary
proof of the service of the document.
proof of the s evidence.
(4) Service upon attorney or agent. (e) Order of court upon failure to
When any party has appeared by an comply. Upon the failure or refusal of authorized attorney or agent, service any person to comply with a subpoena, upon such attorney or agent shall be the Commission may invoke the aid of deemed service upon the party. the United States District Court (d) Service by first class mail. Serywithin the jurisdiction of which the ice by first class mail shall be regarded hearing, examination or investigation as complete, upon deposit in the is being conducted, or wherein such United States mail properly stamped person resides or transacts business. and addressed. Such court, pursuant to the provisions (e) Service by registered mail. Servof Pub. L. 696, 81st Congress, approved ice by registered mail shall be regardAugust 16, 1950, 50 U.S.C. App. ed as complete on the date the return 2001(d), may issue an order requiring post office registered receipt for said such person to appear at the designat- orders, notices and other papers, is reed place of hearing, examination or in ceived by the Commission. vestigation, then and there to give or (f) Service by telegraph. Service by produce testimony or documentary telegraph shall be regarded as comevidence concerning the matter in plete when deposited with a telegraph question. Any failure to obey such an company properly addressed and with order may be punished by the court as charges prepaid. a contempt thereof. All processes in (g) Service by publication. Service any such case may be served in the ju- by publication is complete when due dicial district wherein such person re- notice shall have been given in the sides or transacts business or wherever publication for the time and in the such person may be found.
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 8 501.4 Witnesses.
parties an order which will specify the
name of the witness whose deposition (a) Examination of witnesses. Wit
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 8501.6 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
than the witness' place of business. thereof is made with reasonable
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,
prior to the return date specified in ascertained.
the subpoena, such person either has (f) Scope of use. The deposition of a
furnished the issuer of the subpoena witness, if relevant, may be used if the 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 stipu
lation as to the information contained taken; or (2) that the witness is beyond a distance greater than 100
in such documents. miles radius of Washington, D.C., the
8501.7 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 Naturday, Sunday nor a holihis representative or attorney, a steno day. When the period of time pregraphic reporter and the presiding of seriheel or allowed is less than 7 days, ficer, shall be present at the examina internetllate Saturdays, Sundays and tion of the witness, which fact shall be holllaye shall be excluded in the comcertified by such officer, who shall Duatlon, propound the interrogatories and thi Enlargement. When by the regucross-interrogatories to the witness in Tallone In this chapter or by a notice their order and reduce the testimony Blven thereunder or by order of the to writing in the witness' own words. Cunninnon mi act is required or al
(h) Fees. A witness whose deposition in whitu be done at or within a specific is taken pursuant to the regulations in this the commission for good cause this part and the officer taking the whirw11 may, at any time in its discre.