A request for extension of time should be made to a hearing examiner or the Director with respect to matters pending before him. Such a request shall be served on all parties and set forth the reasons for the request. Extensions may be granted upon a showing of good cause by the applicant. From the designation of a hearing examiner as presiding officer until the issuance of his decision, such requests should be addressed to him. Sec. 25 Computation of time.

In computing any period of time under the rules in this part, the period begins with the day following the act or event and includes the last day of the period unless it is a Saturday, Sunday, or Federal legal holiday, in which event the period runs until the end of the next day which is not a Saturday, Sunday, or Federal legal holiday. When the period of time prescribed or allowed is less than 7

OIAB-Rules and procedures.

OIAB-RULES AND PROCEDURES

Sec.

1. Purpose.

2. Establishment of Board.

3. Authority of the Board.

4. Time and place to file petitions. 5. Form and content of petition. 6. Request for hearing.

7. Additional requirements.

8. Representation before the Board.

9. Scheduling and notice of hearing.

10. Consolidation.

11. Conduct of hearing.

12. Statements by interested persons. 13. Transcript and record.

14. Decision of the Board.

AUTHORITY: Secs. 1 to 14 issued under sec. 4 of Proc. 3279, as amended, by Proc.'s 3328, 3531, 3 CFR, 1959-1963, Comp. pp. 11, 63, 279; sec. 232, 76 Stat. 877; 19 U.S.C. 1862 and sec. 21, Oil Import Reg. 1, 24 F.R. 1907, as revised, 28 F.R. 14318, and amended (Amendment 2 to Revision 4).

SOURCE: Secs. 1 to 14 appear at 29 F.R. 8211, June 30, 1964, unless otherwise noted. Section 1

Purpose.

This chapter provides rules and procedures for petitions to the Oil Import Appeals Board, hereinafter referred to as the "Board."

Sec. 2 Establishment of Board.

(a) The Board has been established by section 21 of Oil Import Regulation 1 (24 F.R. 1907), as revised and amended, hereinafter referred to as the "regulation," pursuant to section 4 of Presidential Proclamation 3279, dated March 10, 1959 (24 F.R. 1781), as amended, hereinafter referred to as the "Proclamation." It is comprised of a representative each from the Departments of Interior, Defense, and Commerce, desig

nated respectively by the heads of such Departments, and elects a Chairman from its own membership.

Sec. 3 Authority of the Board.

(a) The Board considers petitions by persons affected by the regulation and may, within the limits of the maximum levels of imports established in section 2 of the Proclamation:

(1) Modify or grant allocations as authorized by section 21 of Oil Import Regulation 1, as revised and amended, and

(2) Review the revocation or suspension of any allocation or license.

(b) Only petitions relating to matters covered by paragraph (a) of this section may be entertained by the Board. Petitions based upon a change or disregard of the Proclamation or the regulation may not be entertained.

Sec. 4 Time and place to file petitions.

(a) A petition requesting the modification or grant of an allocation shall be filed with the Board not later than 30 (thirty) days after the beginning of the applicable allocation period.

(b) A petition requesting review of the suspension or revocation of an allocation or license shall be filed with the Board not later than 30 (thirty) days after receipt of a notice of suspension or revocation from the Administrator, Oil Import Administration.

(c) The Board may entertain a petition not filed within the time sepcified in paragraphs (a) and (b) of this section when it determines that delay was caused by extraordinary circumstances.

(d) Petitions and other papers addressed to the Board shall be filed at the

office of the Oil Import Appeals Board, Department of the Interior, Washington, D.C. 20240.

Sec. 5 Form and content of petition.

A petition must be in writing, clearly marked as a "petition," and filed in sextuplicate. All petitions must clearly state (a) the Administrator's decision, if applicable, (b) the pertinent provisions of the oil import regulation, (c) the ground for the petition and the detailed facts in support thereof, (d) the relief sought by the petitioner, and (e) the justification for the relief sought. When the petition is based on more than one ground, the various grounds should be separately stated and numbered, with a clear and concise statement of all facts alleged in support of each ground. A brief in support of a petition may be filed with the petition, or at any time prior to the hearing. Petitions for the modification or grant of finished products allocations shall be filed separately from petitions relating to crude oil allocations. Sec. 6 Request for hearing.

A request for a hearing on a petition must be in writing and filed with the petition.

Sec. 7

Additional requirements.

The Board may on its own initiative require the filing, either before or after hearing, of briefs or any other information it considers necessary for the disposition of a petition.

Sec. 8 Representation before the Board. Representation of a petitioner before the Board shall be governed by Part 1 of Title 43, Code of Federal Regulations. Sec. 9 Scheduling and notice of hearing.

The Board ordinarily will not schedule a hearing on any petition raising an issue outside its jurisdiction or that clearly does not establish any valid basis for relief. When a hearing is scheduled, notice of the time and place of such hearing will be given to the petitioner at least seven days in advance thereof. The hearing may be for the purpose either of receiving testimony or oral argument, or both. The Board, on its own initiative, may require that a hearing be held on any petition.

Sec. 10 Consolidation.

Upon good cause shown, or upon its own initiative, the Board may consider

(a) Any member of the Board may conduct a regularly scheduled hearing of the Board.

(b) As the Board renders decisions pursuant to regulation based upon a record, including a public hearing where appropriate, private communications by or in behalf of interested parties, not requested by the Board or submitted pursuant to these rules and procedures, may not be entertained by Board members concerning the facts or law of a petition, or unpublished policy of the Board. Inquiry as to procedural matters, or public files, may be made at the office of the Oil Import Appeals Board.

(c) Insofar as feasible, hearings shall be informal and shall be public. The petitioner shall be afforded an opportunity to offer oral and written evidence, subject to rulings of the presiding official as to admissibility. Irrelevant, immaterial, or repetitious evidence, and arguments bearings on the policy embodied in the Proclamation or in the regulation, shall not be received. The order in which evidence and arguments are presented may be directed by the presiding official. The presiding official may impose reasonable time limits on oral pressentations and arguments.

(d) Testimony may be received under oath or affirmation. All witnesses may be examined by any proper government officials participating in the hearing. Evidence shall be presented in written form wherever feasible, as the presiding official may direct.

Sec. 12 Statements by interested persons.

Persons interested in opposing or supporting a petition may file written statements with the Board so indicating within seven days following a hearing, unless extension is granted by the Board for good cause shown, and at the same time shall send a copy of the statement to the petitioner. The petitioner may file a reply with the Board within seven days after receiving the statement, unless extension is granted by the Board for good cause shown.

Sec. 13 Transcript and record.

(a) A transcript of a hearing shall be available for inspection by the public at the office of the Board. Copies of the transcript are available from the official reporter upon the payment of proper fees.

(b) The petition, hearing transcript and exhibits, matters of official record and notice, written statements filed by interested persons, together with all papers filed in a hearing or requested by the Board, shall constitute the exclusive record for decision. Upon timely request, a petitioner may disprove a material fact

of which official notice has been taken and upon which the decision rests. Sec. 14 Decision of the Board.

The Board will take such action on petitions as it deems appropriate. The consideration of a petition by two members of the Board and their concurrence in a written decision shall constitute a decision of the Board, and such decision shall be final. A copy of a decision shall be furnished to the petitioner concerned. Copies of all decisions shall be available for inspection by the public at the office of the Board.