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tlement for the next allocation period. Notification will not be considered to have been made until it is received by the wholesale purchaser-reseller.

§ 660.183 Manner of prenotification.

The notice of the proposed method of allocation must be filed with the DOCA by each supplier for each petroleum product in accordance with forms and instructions issued by the DOCA.

§ 660.184 Measure of the prenotification period.

The fifteen (15) day prenotification period will begin on the first day following the date of filing of the proposed allocation method which is not a Friday, Saturday or Sunday.

§ 660.185 DOCA action.

(a) During the fifteen (15) day prenotification period the DOCA may issue an order disapproving, modifying, or suspending a proposed allocation plan in whole or in part.

(1) The DOCA may issue an order disapproving or modifying a proposed allocation plan in whole or in part if it finds:

(i) That the proposed method of allocation does not conform to the rules of this part;

(ii) That if allocation were made pursuant to the plan submitted undue hardship or inequity would result to a particular sector of the economy, or it would be unreasonably inconsistent with the purposes and goals of the Act or regulations; or

(iii) That area imbalances would result due to weather variation, seasonal demand, or other circumstances beyond the control of the sellers or purchasers.

(2) The DOCA may issue an order temporarily suspending the running of the fifteen (15) day prenotification period if it finds that additional information is necessary or that the form was improperly filed.

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specified period of time, in order to meet the purpose and goals and objectives of the Act or regulations.

§ 660.186 Implementation of proposed allocation plan.

(a) If the DOCA does not act upon the proposed allocation plan pursuant to 660.185 and prior to the first day of the allocation period the plan may be implemented upon the first day of the allocation period.

(b) If the DOCA does not act pursuant to § 660.185 concerning surplus product reported pursuant to § 660.183 the surplus may be sold for consumption in the Commonwealth to any purchaser, at the discretion of the suppli

er.

(c) Failure of the DOCA to act upon the proposed method of allocation prior to the first day of the allocation period does not constitute approval of the proposal, and nothing in this part shall be construed to limit the authority of the DOCA to modify, suspend or disapprove the continuation of the proposed plan in whole or in part, if the DOCA finds that:

(1) The plan does not conform to the rules of this part; or

(2) The plan would result in undue hardship or inequity to a particular firm or to a particular sector of the economy of the Commonwealth or would be unreasonably inconsistent with the purpose and goals of the Act or the DOCA.

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661.7

661.8

General filing requirements.

Service.

661.9 Effective date of orders. 661.10 Order of precedence. 661.11

Where to file.

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The definitions set forth in Part 660 of this subchapter shall apply to this part, unless otherwise provided. In addition, as used in this part, the term:

"Action" means an order, interpretation, notice of probable violation, or ruling issued, or a rulemaking undertaken by the DOCA.

"Adjustment" means a modification of the base period volume or other measure of allocation entitlement in accordance with Part 660 of this subchapter.

"Aggrieved", for purposes of administrative proceedings, describes and means a person with an interest sought to be protected under the FEAA/ or EPAA who is adversely affected by an order or interpretation issued by the DOCA.

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"Duly authorized representative" means a person who has been designated to appear before the DOCA in connection with a proceeding on behalf of a person interested in or aggrieved by that proceeding. Such appearance may consist of the submission of applications, petitions, requests, statements, memoranda of law, other documents, or of a personal appearance, verbal communication, or any other participation in the proceeding.

"EPAA" means the Emergency Petroleum Allocation Act of 1973 (Pub. L. 93-159).

"Exception" means the waiver or modification of the requirements of a regulation, ruling or generally applicable requirement under a specific set of facts.

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"Interpretation"

means a written statement issued by DOCA in response to a written request, that applies the regulations, rulings, and other precedents previously issued by the DOCA to the particular facts of a prospective or completed act or transaction. "Legal holiday" means the days specified in 1 L.P.R.A. 71.

"Notice of probable violation" means a written statement issued to a person by the DOCA that states one or more alleged violations of the provisions of Part 660 of this subchapter or any order issued pursuant thereto.

"Order" means a written directive or verbal communication of a written directive, if promptly confirmed in writing, issued by the DOCA. It may be issued in response to an application, petition or request for DOCA action or

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in response to an appeal from an order, or it may be a remedial order or other directive issued by the DOCA on its own initiative. A notice of probable violation is not an order. For purposes of this definition a "written directive" shall include telegrams, telecopies and similar transcriptions.

"Persons" means any individual, firm, estate, trust, sole proprietorship, partnership, association, company, joint-venture, corporation, governmental unit or instrumentality thereof, or a charitable, educational or other institution, and includes any officer, director, owner or duly authorized representative thereof.

"Proceeding" means the process and activity, and any part thereof, instituted by the DOCA, either on its own initiative or in response to an application, complaint, petition or request submitted by a person, that may lead to an action by the DOCA.

"Remedial order" means a directive issued by the DOCA requiring a person to cease a violation or to eliminate or to compensate for the effects of a violation, or both.

"Ruling" means an official interpretative statement of general applicability issued by the DOCA and published in the FEDERAL REGISTER that applies the DOCA regulations to a specific set of circumstances.

Throughout this part the use of a word or term in the singular shall include the plural and the use of the male gender shall include the female gender.

§ 661.3 Appearance before the DOCA.

(a) Appearance. A person may make an appearance, including a personal appearance at the discretion of the DOCA, and participate in any proceeding described in this part on his own behalf or by a duly authorized representative. Any application, appeal, petition, request or complaint filed by a duly authorized representative shall contain a statement by such person certifying that he is a duly authorized representative, unless a DOCA form requires otherwise.

(b) Suspension and disqualification. The DOCA may deny, temporarily or permanently, the privilege of participating in proceedings, including oral

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presentations, to any individual who is found by the DOCA:

(1) To have made false or misleading statements, either verbally or in writing;

(2) To have filed false or materially altered documents, affidavits or other writings;

(3) To lack the specific authority to represent the person seeking a DOCA action; or

(4) To have engaged in or to be engaged in contumacious conduct that substantially disrupts a proceeding.

§ 661.4 Filing of documents.

(a) Any document, including, but not limited to, an application, request, complaint, petition and other documents submitted in connection therewith, filed with the DOCA under this part or Part 660 of this subchapter is considered to be filed when it has been received by the DOCA. Documents mailed to the DOCA must be sent to P.O. Box 13934, Santurce, P.R. 00908. All documents and exhibits submitted become part of a DOCA file and will not be returned.

(b) Notwithstanding the provisions of paragraph (a) of this section, an appeal, a response to a denial of an appeal or application for modification or rescission in accordance with §§ 661.77(a)(3) and 661.96(a)(3), respectively, a reply to a notice of probable violation, the appeal of a remedial order or remedial order for immediate compliance, a response to denial of a claim of confidentiality, or a comment submitted in connection with any proceeding transmitted by registered or certified mail and addressed to the appropriate office is considered to be filed upon mailing.

(c) Hand-delivered documents to be filed with the DOCA shall be submitted to the Oil Allocation Office, 4th Floor, Las Minillis, Santurce, P.R.

(d) Documents received after regular business hours are deemed filed on the next regular business day. Regular business hours for the DOCA are 8 a.m. to 4:30 p.m.

§ 661.5 Computation of time.

(a) Days. (1) Except as provided in paragraph (b) of this section, in com

puting any period of time prescribed or allowed by these regulations or by an order of the DOCA, the day of the act, event, or default from which the designated period of time begins to run is not to be included. The last day of the period so computed is to be included unless it is a Saturday, Sunday, or legal holiday, in which event the period runs until the end of the next day that is neither a Saturday, Sunday, nor a legal holiday.

(2) Saturdays, Sundays, or intervening legal holidays shall be excluded from the computation of time when the period of time allowed or prescribed is 7 days or less.

(b) Hours. If the period of time prescribed in an order issued by the DOCA is stated in hours rather than days, the period of time shall begin to run upon actual notice of such order, whether by verbal or written communication, to the person directly affected, and shall run without interruption, unless otherwise provided in the order, or unless the order is stayed, modified, suspended or rescinded. When a written order is transmitted by verbal communication, the written order shall be served as soon thereafter as is feasible.

(c) Additional time after service by mail. Whenever a person is required to perform an act, to cease and desist therefrom, or to initiate a proceeding under this part, within a prescribed period of time after issuance to such person of an order, notice, interpretation or other document and the order, notice, interpretation or other document is served by mail, 3 days shall be added to the prescribed period.

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States mail, except as otherwise provided.

(b) Service upon a person's duly authorized representative shall constitute service upon that person.

(c) Service by registered or certified mail is complete upon mailing. Official United States Postal Service receipts from such registered or certified mailing shall constitute prima facie evidence of service.

§ 661.8 General filing requirements.

(a) Purpose and scope. The provisions of this section shall apply to all documents required or permitted to be filed with the DOCA.

(b) Signing. All applications, petitions, requests, appeals, comments or any other documents that are required to be signed, shall be signed by the person filing the document or a duly authorized representative. Any application, appeal, petition request, complaint or other document filed by a duly authorized representative shall contain a statement by such person certifying that he is a duly authorized representative, unless a DOCA form otherwise requires.

(c) Labeling. An application, petition, or other request for action by the DOCA should be clearly labeled according to the nature of the action involved (e.g., "Application for Assignment") both on the document and on the outside of the envelope in which the document is transmitted.

(d) Obligation to supply information. A person who files an application, petition, complaint, appeal or other request for action is under a continuing obligation during the proceeding to provide the DOCA with any new or newly discovered information that is relevant to that proceeding. Such information includes, but is not limited to, information regarding any other application, petition, complaint, appeal or request for action that is subsequently filed by that person with the DOCA.

(e) The same or related matters. A person who files an application, petition, complaint, appeal or other request for action by the DOCA shall state whether, to the best knowledge of that person, the same or related

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