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.

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.

§ 201.23 Hearings.

The Administration in its discretion may call upon a nonattorney applicant for a full statement of the nature and extent of his qualifications. If the Administration is not satisfied as to the sufficiency of the applicant's qualifications it will so notify him by registered mail, whereupon he may request a hearing for the purpose of showing his qualifications. If he presents to the Administration no request for such hearing within 20 days after receiving the notification above referred to, his application shall be acted upon without further notice.

§ 201.24 Suspension or disbarment.

The Administration may, in its discretion, deny admission to, suspend, or disbar any person from practice before the Administration who it finds does not possess the requisite qualifications to represent others or is lacking in character, integrity, or to have engaged in unethical or improper professional conduct. Disrespectful, disorderly, or contumacious language or contemptuous conduct

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 to
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.

(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.

9

(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.

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

by section 5(c) of the Administrative
Procedure Act.

§ 201.32

Substitution of parties.

Upon petition and for good cause
shown, the Administration may order a
substitution of parties; except that in
case of death of a party substitution may
be ordered upon suggestion and without
the filing of a petition.

Subpart D-Form, Execution and
Service of Documents (Rule 4)
§ 201.41

Form and appearance of docu-
ments filed with the Administration.
All papers to be filed under the regu-
lations in this part may be reproduced
by printing or by any other process,
provided the copies are clear and legi-
ble; shall be dated, the original signed
in ink, and shall show the docket de-
scription and title of the proceeding,
and the title, if any, and address of the
signatory. If typewritten, the impres-
sion shall be on only one side of the
paper and shall be double spaced, ex-
cept that quotations shall be single
spaced and indented. Documents not
printed, except correspondence and ex-
hibits, should be on strong, durable
paper and shall not be more than 82
inches wide and 12 inches long, with
a left margin 11⁄2 inches wide. Printed
documents shall be printed in clear type
(never smaller than pica or 11-point
type) adequately leaded, and the paper
shall be opaque and unglazed. Briefs,
if printed, shall be printed on paper
not less than 6% inches wide and 914
inches long, with inside margin not less
than 1 inch wide. All briefs over 15
pages shall contain a subject index with
page references and a list of authorities
cited.

§ 201.42 Subscription, authentication of

documents.

(a) Documents filed shall be sub-
scribed: (1) By the person or persons
filing same, (2) by an officer thereof if it
be a corporation, (3) by an officer or em-
ployee if it be a government instrumen-
tality, or (4) by an attorney or other
person having authority with respect
thereto.

(b) Documents submitted pursuant
to stipulation of counsel where no
sponsoring witness will be used must be
verified.

§ 201.43 Service by parties.

All documents, when tendered for
filing should show that service has been
made upon all parties to the proceeding.

Such service shall be made by de-
livering one copy to each party in per-
son or by mailing by first-class mail
properly addressed with postage prepaid.
When a party has appeared by attorney
or other representative, service upon
such attorney or other representative
will be deemed service upon the party.
All documents served by mail preferably
should be mailed in sufficient time to
reach the parties on the date on which
the original is due to be filed and should
be air mailed if addressee is more than
300 miles distant.

The date of service of documents shall
be the day when the matter served is
deposited in the United States mail,
shown by the postmark thereon, or is
delivered in person, as the case may be.
§ 201.45 Certificate of service.

The original of every document filed
with the Administration and required to
be served upon all parties to a proceed-
ing shall be accompanied by a certificate
of service signed by the party making
service, stating that such service has
been made upon each party to the pro-
ceeding. Certificates of service may be
in substantially the following form:

I hereby certify that I have this day served
the foregoing document upon all parties of
record in this proceeding by mailing, post-
age prepaid (or by delivering in person) a
copy to each such party.
Dated at

19__.
(Signature)

For

this

day of

Except as prohibited by law, for good cause the Administration, or the Presiding Officer with respect to matters pending before him, may reduce any time limit prescribed in the regulations in this part.

$201.55 Postponement of hearing.

Applications for postponement of any hearing date may be granted upon a showing of good cause on the part of the applicant. Answers to such applications are permitted.

Subpart F-Rule Making (Rule 6) § 201.61 Petition for issuance, amendment, or repeal of rule or regulation. Any interested person may file with the Administration a petition for the issuance, amendment, or repeal of a rule designed to implement, interpret, or prescribe law, policy, organization, procedure, or practice requirements of the Administration. The petition shall set forth the interest of petitioner and the nature of the relief desired, shall include any facts, views, arguments, and data deemed relevant by petitioner, and shall be subscribed to. If such petition is for the amendment or repeal of a rule, it shall be accompanied by proof of service on all persons, if any, specifically named in such rule, and shall conform in all other aspects to Subpart D of this part. Answers to such petition shall conform

to the requirements of Subpart D of this part.

§ 201.62 Notice of proposed rule making.

After receipt of petitions and any answers thereto described in § 201.61, or upon its own initiative, the Administration may, in its discretion, direct that notice thereof be published in the FEDERAL REGISTER unless all persons subject thereto are named and either are personally served or otherwise have actual notice thereof in accordance with law. Except where publication of notice of proposed rule making and public hearing is required by statute, this section shall not apply to interpretative rules, general statements of policy, organization rules, rules of procedure, or practice of the Administration, or amendments thereto, or any situation in which the Administration for good cause finds that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest.

§ 201.63 Participation in rule making.

Interested persons will be afforded an opportunity to participate in rule making through submission of written data, views, or arguments, with or without opportunity to present the same orally in any manner: Provided, That where the proposed rules are such as are required by statute to be made on the record after opportunity for a hearing, or where a hearing is ordered by the Administration upon petition of any party or upon its own initiative, such hearing shall be conducted pursuant to sections 7 and 8 of the Administrative Procedure Act.

Notice of any matter which may result in or involves the institution of a formal proceeding will be given by publication in the FEDERAL REGISTER in sufficient detail and in sufficient time to apprise interested persons of the nature of the issues to be heard and to allow for an opportunity to file petitions for leave to intervene.

§ 201.73 Joinder of proceedings.

(a) Two or more matters which have been set for hearing by the Administration, and which involve similar issues, may be consolidated for the purpose of hearing. Such consolidation may, at the discretion of the Administration, or Presiding Officer after hearing has been ordered, be ordered upon petition of any party to said hearing or upon the initiative of the Administration.

(b) A petition to consolidate shall be filed not later than the first prehearing conference in the proceeding with which consolidation is requested, and shall relate only to then pending applications. If made at such conference, the petition may be oral. A petition which is not timely filed shall be dismissed unless the petitioner shall clearly show good cause for the failure to file said petition on time. A petition which does not relate to an application pending at the time of or before a prehearing conference in a proceeding with which consolidation is requested, shall likewise be dismissed unless the petitioner shall clearly show good cause for a failure to file the application within the prescribed period.

All petitions shall be written and shall state the Petitioner's grounds of interest in the subject matter, the facts relied upon, and the relief sought, and shall cite the authority upon which the petition rests. The petition shall be served upon all parties named therein or affected thereby. Answers to petitions may be filed.

§ 201.76 Applications for Government aid.

Applications for operating-differential subsidies, charter of Government-owned vessels, and other types of Government aid shall conform to the requirements set forth in the various general orders and other regulations of the Administration specifically provided therefor.

§ 201.77

Amendments or supplements to pleadings.

Amendments or supplements to any pleading will be allowed or refused in the discretion of the Administration if the case has not been assigned for hearing, otherwise in the discretion of the Presiding Officer designated to conduct the hearing; Provided, That after a prehearing conference has been held no amendment shall be allowed which would substantially broaden the issues, unless an opportunity is afforded all parties to answer such amended pleadings and to prepare for hearing upon the broadened issues. The Presiding Officer may direct a party to state its case more fully and in more detail by way of amendment. If a response to an amended pleading is necessary, it may be filed and served. Amendments or supplements allowed prior to hearing will be served in the same manner as the original pleading. Whenever by the regulations in this part a pleading is required to be subscribed, the amendment or supplement shall also be subscribed.