Board for good cause shown, shall be filed in the record in said proceeding and a copy thereof supplied to the party upon whose application said deposition was taken, or his attorney.

§ 201.20 Admissions of fact and genuineness of documents.

(a) At any time after answer has been filed, either party may serve upon the other a written request for admission of the genuineness of any relevant documents described in, and exhibited with, the request, or of the truth of any relevant matters of fact set forth in such documents. Copies of documents shall be delivered with the request unless copies have already been furnished or are in the possession or control of the party. Each of the matters on which an admission is so requested shall be deemed admitted unless within a period designated within the request, not less than ten (10) days after service thereof, or within such further time as the Board or the hearing examiner may allow on motion and notice, the party so served shall serve upon the party making the request a sworn statement either denying specifically the matters of which an admission is requested or setting forth in detail the reasons why he can neither truthfully admit nor deny those matters, or stating that reliance is made on the constitutional privilege against selfincrimination.

(b) Service required under this section may be made upon a party either by registering and mailing or by delivering a copy of the documents to be served to such party or his attorney or by leaving a copy at the principal office or place of business of either.

[15 F.R. 7921, Nov. 21, 1950, as amended at 27 F.R. 4835, May 23, 1962] § 201.21

Briefs.

At the conclusion of a hearing, the officer conducting the hearing may, in his discretion, permit oral arguments or briefs or both, and prescribe the time and other directions for said arguments and briefs on behalf of parties to the hearing. The time within which oral arguments or briefs are to be filed, shall be fixed: Provided, That any interested party may

apply in writing to the Board for modification of any of the examiner's rulings concerning reports and briefs.

§ 201.22

Recommended decision.

(a) Where a hearing is conducted by a member of the Board or an examiner, the member of the Board or the examiner shall make a recommended decision to the Board, a copy of which shall be submitted to the parties to the proceeding. The parties, after the receipt of the recommended decision, shall have time. which shall be fixed, within which to file with the Board exceptions to the recommended decision and supporting reasons for such exceptions.

(b) Such a report is not a report of findings by the Board, but is advisory only, and is not binding upon the Board. § 201.23

Order.

The Board's determination shall take the form of a decision in writing in which it shall state its findings as to the facts and shall issue an appropriate order either requiring the organization or individual to register or denying the petition for such registration.

§ 201.24 Final order.

An order of the Board shall become final (a) upon the expiration of the time allowed for filing a petition for review, if no such petition has been duly filed within such time; or (b) upon the expiration of the time allowed for filing a petition for certiorari, if the order of the Board has been affirmed or the petition for review dismissed by a United States Court of Appeals, and no petition for certiorari has been duly filed; or (c) upon the denial of a petition for certiorari, if the order of the Board has been affirmed or the petition for review dismissed by a United States Court of Appeals; or (d) upon the expiration of ten (10) days from the date of issuance of the mandate of the Supreme Court, if such Court directs that the order of the Board be affirmed or the petition for review dismissed. Such final orders shall be published in the FEDERAL REGISTER, and publication thereof shall constitute notice to all members of the organization involved that such order has become final.

301.10 Employment of attorneys.

AUTHORITY: §§ 301.1 to 301.10 issued under sec. 1, 62 Stat. 852; 18 U.S.C. 4126.

SOURCE: 301.1 to 301.10 contained in authority, policies, and information regarding accident compensation to be paid inmates of Federal penal institutions for injuries sustained while employed by the Federal Prison Industries, Inc., Board of Directors, Jan. 1, 1937. Redesignated at 24 F.R. 4366, May 30, 1959.

§ 301.1 Inmate's regular wage paid in lieu of accident compensation while incarcerated.

No accident compensation will be paid to an inmate when injured while such inmate remains in the institution. However, except in special cases, the inmate's regular compensation will be paid to him and charged to the operations of the industry in which the injury was sustained. § 301.2 When paid to inmate.

Accident compensation will be paid to such injured inmates as are totally, or partially disabled at the time of their discharge from the institution, beginning the first of the following month succeed

ing the date of their discharge, or approval of claim.

§ 301.3 Method of payment.

Accident compensation will be paid only in monthly installments and will not be paid in a lump sum except in exceptional cases, where it is shown clearly that such payment will furnish the means of self support of the inmate and his family.

§ 301.4 Negligence estops.

No accident compensation will be paid when the injury was sustained willfully, or with intent to injure someone else, or by willful disregard of, or failure to use safety devices provided and available. § 301.5 Criminal action suspends payment of accident compensation; does not bar payment to dependents.

Such accident compensation shall be paid only so long as the claimant shall conduct himself, or herself, in a lawful manner, and shall immediately cease upon conviction of any crime against the Federal Government, or any subdivision thereof, except the corporation may upon recommendation of the president of the corporation and approval of the Attorney General pay such compensation or any part of it to worthy dependents of such inmates, where it is deemed to be in the public interest.

§ 301.6 Basis of computation.

The per capita cost of operation of the institution in which the inmate is confined shall be the value of subsistence and quarters which shall be added to the cash compensation paid inmates to arrive at the monthly compensation as a base for the computation of the amount of accident compensation payable.

Claim for accident compensation can be made any time prior to discharge from the institution, but must be made within 1 year following discharge from the institution. No compensation for disability will be paid until after discharge from the institution, and after a formal claim has been submitted on Form FPI-43.1 Claim must be signed and sworn to by the person claiming compensation, or if physically unable to do so, by someone in his behalf. If possible claim should be submitted through the official in charge of the claimant during his employment by Federal Prison Industries, Inc., or if prepared after the inmate's discharge, through the local probation or parole officer.

§ 301.8 Medical attention required subsequent to discharge.

Where medical, surgical, or hospital treatment is required subsequent to discharge of the inmate from the institution, approval must be secured from the Commissioner of Prison Industries prior to securing such services. If such serv

1 This form may be obtained at the office of the Federal Prison Industries, Inc., Department of Justice, Washington, D.C.

ices are approved as payable by the corporation, the claimant should make no payments but arrange to forward the accounts to Washington for direct payment.

§ 301.9 Beneficiaries.

In making claim for accident compensation, claimant must indicate in detail those persons which are dependent on him, their relationship and all other facts as to residence, other income, etc., so that the corporation will be able to determine to what extent, if any they are dependent on the claimant. The corporation has the right to pay dependents in lieu of the inmate if conditions justify it, and therefore, such information is necessary to a proper determination of facts.

§ 301.10 Employment of attorneys.

Accident compensation will be paid to all injured inmates who qualify under the regulations in this part, and it is therefore unnecessary to employ attorneys or others to effect collection of claim. Under no circumstances will the inmate be permitted to assign any portion of his claim to an attorney or others, or pay for any assistance in connection with the collection of his claim if the fee or fees for such services exceed $25.