Presentation of evidence.

Conduct of the hearing.

201.133 Appeal from ruling of presiding

Petition for reopening.

Answers to petition to reopen.

Subpart S-Judicial Standards of Practice (Rule 19)

201.181 General matters.

201.182

Improper pressures.

201.183 Ex parte communications.

Subpart T-Effective Date (Rule 20)

201.185 Effective date and applicability of rules.

Subpart U-Charges for Orders, Notices,
Rulings, Decisions

201.186 Charges for documents.

AUTHORITY: The provisions of this Part 201 issued under sec. 204, 49 Stat. 1987, as amended; 46 U.S.C. 1114; Reorganization Plan No. 7 of 1961, 26 FR. 7315; Department of Commerce Order No. 117 (Rev.).

SOURCE: The provisions of this Part 201 contained in General Order 41, 3d Rev., 29 F.R. 14475, Oct. 22, 1964; 29 F.R. 15374, Nov. 17, 1964, unless otherwise noted.

Subpart A-General Information

(Rule 1)

§ 201.1 Scope of rules.

The regulations in this part govern practice and procedure before the Maritime Administration and the Maritime Subsidy Board (as described in Department of Commerce Order No. 117, Rev.), hereinafter referred to collectively as the "Administration", under the Merchant Marine Act, 1920, as amended, Merchant Act, 1936, as amended, Merchant Ship Sales Act, 1946, Administrative Procedure Act, and related Acts, except as may be provided otherwise by the Administration. They shall be construed to secure the just, speedy, and inexpensive determination of every proceeding with full protection for the rights of all parties therein.

§ 201.2 Mailing address; hours.

Documents required to be filed in, and correspondence relating to, proceedings governed by the regulations in this part should be addressed to "Secretary, Maritime Administration, Washington, D.C., 20235". The principal office of the Administration, located at 441 G Street N.W., Washington, D.C. 20235, is open from 8:30 a.m. to 5:00 p.m. eastern standard time or eastern daylight saving time, whichever is currently effective in Washington, Monday to Friday, inclusive, unless otherwise provided by Federal statute or executive order.

§ 201.3 Authentication of rules, orders, determinations and decisions of the Administration.

All rules, orders, determinations or decisions issued in any proceeding covered by the regulations in this part shall, unless otherwise specifically provided by the Administration, be signed and authenticated by seal by the Secretary of the Administration in the name of the

Administration.

§ 201.4 Inspection of records.

(a) The files and records of the Administration shall be opened for public inspection as provided in §§ 380.32, 380.33, and 380.34 of this chapter.

(b) In addition, access to initial, recommended, and tentative opinions and orders may be obtained pursuant to paragraph (a) of this section and copies of these documents secured in accordance with § 201.186.

[G.O. 41, 3D Rev., Amdt. 4, 37 F.R. 15306, July 29, 1972]

§ 201.5 Searching, copying, and certification of records; fees therefor.

Fees for services with respect to documents subject to inspection as provided in § 201.4 shall be the same as those set forth in § 380.35 of this chapter.

[G.O. 41, 3D Rev., Amdt. 4, 37 F.R. 15306, July 29, 1972]

§ 201.6 Documents in foreign languages.

Every document, exhibit, or other paper written in a language other than English and filed with the Administration or offered in evidence in any proceeding before the Administration under the regulations in this part or in response to any rule or order of the Administration pursuant to the regulations in this part, shall be filed or offered in the language in which it is written and shall be accompanied by an English translation thereof duly subscribed. § 201.7 Information;

tions.

special instruc

Information as to procedure under the regulations in this part, and instructions supplementing the regulations in this part in special instances, will be furnished upon application to the Secretary of the Administration.

§ 201.8 Use of gender and number.

Words importing the singular number may extend and be applied to several persons or things; words importing the plural number may include the singular; and words importing the masculine gender may be applied to females.

§ 201.9 Suspension, amendment, etc., of rules.

The regulations in this part may, from time to time, be suspended, amended, or revoked, in whole or in part. Notice of any such action will be published in the FEDERAL REGISTER. Also, any regulation in this part may be waived by the Administration or the Presiding Officer to prevent undue hardship in any particular case.

Subpart B-Appearance and Practice Before the Administration (Rule 2)

§ 201.15 Appearance in person or by representative.

A party may appear in person or by an officer, partner, or regular employee of the party, or by or with counsel or other

duly qualified representative, in any proceeding under the regulations in this part. A party may offer testimony, produce and examine witnesses, and be heard upon brief and at oral argument if oral argument is granted. Any person compelled to appear in a proceeding pursuant to subpoena may be accompanied, represented, and advised by counsel and may purchase a transcript of his testimony.

§ 201.16 Authority for representation.

Any individual acting in a representative capacity in any proceeding before the Administration may be required by the Administration or the Presiding Officer to show his authority to act in such capacity. § 201.17

Written appearance.

Persons who appear at any hearing shall deliver a written notation of appearance to the reporter, stating for whom the appearance is made. The written appearance shall be made a part of the record.

§ 201.18 Practice before the Administration defined.

Practice before the Administration shall be deemed to comprehend all matters connected with any presentation to the Administration or its staff.

§ 201.19 Presiding officers.

Hearings on any matter before the Administration will be held by a duly designated Member or Members thereof, or a Hearing Examiner qualified under section 11 of the Administrative Procedure Act, assigned by the Chief Hearing Examiner, who shall be designated as the Presiding Officers. Where appropriate the Administration may designate other members of the staff to serve as Presiding Officers in hearings not required by statute, as provided in § 201.86. § 201.20 Attorneys at law.

Attorneys at law who are admitted to practice before the Federal courts or before the courts of any State or territory of the United States may practice before the Administration. An attorney's own representation that he is such in good standing before any of the courts herein referred to will be sufficient proof thereof.

the Administration if he is a citizen of the United States and files proof to the satisfaction of the Administration that he possesses the necessary legal, technical, or other qualifications to enable him to render valuable service before the Administration and is otherwise competent to advise and assist in the presentation of matters before the Administration. Applications by persons not attorneys at law for admission to practice before the Administration shall be made on the forms prescribed therefor, which may be obtained from the Secretary of the Administration, Washington, D.C., 20235. No person who is not an attorney at law and whose application has not been approved shall be permitted to practice before the Administration. However, this provision and the provisions of §§ 201.22, 201.23, and 201.24 shall not apply to any person who appears before the Administration on his own behalf or on behalf of any corporation, partnership, or association of which he is a partner, officer, or regular employee.

§ 201.22 Firms and corporations.

Except as regards law firms, practice before the Administration by firms or corporations on behalf of others shall not be permitted.

at any hearing before the Administra-
tion or a presiding officer shall consti-
tute grounds for immediate exclusion
from said hearing by the Presiding Offi-
cer. Any person who has been admitted
to practice before the Administration
may be disbarred from such practice
only after he has been afforded an op-
portunity to be heard.
§ 201.25

Statement of interest.

The Administration, in its discretion,
may call upon any practitioner for a full
statement of the nature and extent of
his interest in the subject matter pre-
sented by him before the Administra-
tion. Attorneys retained on a contin-
gent fee basis shall file with the Ad-
ministration a copy of the contract of
employment. Practitioners subject
section 807 of the Merchant Marine Act
of 1936, as amended, shall comply fully
with the requirements of 46 CFR
§ 222.1 (22 F.R. 1087).

§ 201.26 Former employees.

to

(a) No former officer or employee of
the Administration, after his or her em-
ployment with the Administration has
ceased, shall act as agent or attorney for
anyone other than the United States in
connection with any particular matter
in which a specific party or parties are
involved and in which the United States
is a party or has a direct and substantial
interest and in which the former officer
or employee participated personally and
substantially as an officer or employee of
the Maritime Administration through de-
cision, approval, disapproval, recom-
mendation, the rendering of advice,
investigation, or otherwise while so em-
ployed by the Maritime Administration.

(b) No former officer or employee of
the Administration shall practice, ap-
pear, or represent anyone, directly or
indirectly, other than the United States,
before the Administration in any matter
for a period of 1 year subsequent to the
termination of his or her employment
with the Administration in connection
with any proceeding, application, request
for a ruling or other determination, con-
tract, claim, controversy, or other par-
ticular matter involving a specific par-
ty or parties in which the United States
is a party or directly and substantially in-
terested and which was under his or her
official responsibility as an officer or em-
ployee of the Administration at any time
during the last year of his or her service.

84-013-72-

(c) Any person in doubt as to the ap-
plicability of paragraphs (a) or (b) of
this § 201.26 to a particular case or to
the postemployment activities of a for-
mer officer or employee of the Adminis-
tration may address an application to the
Administration for the Administration's
consent to appear, stating his former
connection with the Administration or
predecessor agency, identifying the mat-
ter in which he or she desires to appear
and describe in detail his or her par-
ticipation in or responsibility for the
particular matter and the specific party
or parties involved and the extent, if
any, in which the former officer or em-
ployee had participated while employed
by the Administration. The applicant
shall be promptly advised as to his or
her privilege to appear in the particular
matter. Separate consents to appear must
be obtained in each particular matter.
[G.O. 41, 3d Rev., Amdt. 3, 36 F.R. 4377,
Mar. 5, 1971]

Subpart C-Parties (Rule 3)

§ 201.30

Parties; how designated.

The term "party", whenever used in
these Rules, shall include any natural
person, corporation, association, firm,
partnership, trustee, receiver, agency,
public or private organization, or gov-
ernmental agency. A party requesting
official action subject to these Rules shall
be designated as "applicant". A party
whose petition for leave to intervene is
granted pursuant to § 201.78 shall be
designated as "intervenor". Only a
party as designated in this section may
introduce evidence or examine witnesses
at hearings.

§ 201.31 Public counsel.

The Assistant General Counsel, Chief,
Division of Operating Subsidy Contracts,
shall be a party to all proceedings in-
volving operating-differential subsidy
contracts. The Assistant General Coun-
sel and his representatives shall be des-
ignated as Public Counsel and shall be
served with copies of all papers, plead-
ings, and documents in such proceed-
ings. In addition the General Counsel
may designate any member of his staff
to serve as Staff Counsel in contract ap-
peal cases or any other proceeding gov-
erned by the regulations in this part.
Public Counsel or Staff Counsel shall
participate in any proceeding to which
he is a party, to the extent he deems
required in the public interest, subject
to the separation of functions required