notice of review by the Commission. [Rule 13 (h).]

§ 502.229 Certification of record by presiding or other officer.

The presiding or other officer shall certify and transmit the entire record to the Commission when (a) exceptions are filed or the time therefor has expired, (b) notice is given by the Commission that the initial decision will be reviewed on its own initiative, or (c) the Commission requires the case to be certified to it for initial decision. [Rule 13(1).1

§ 502.230 Reopening by presiding officer or commission.

(a) Petition to reopen. At any time after the conclusion of a hearing in a proceeding, but before issuance by the presiding officer of a recommended or initial decision, any party to the proceeding may file with the presiding officer a petition to reopen the proceeding for the purpose of receiving additional evidence. A petition to reopen shall be served in conformity with the requirements of Subpart H (Rule (8)) and shall set forth the grounds requiring reopening of the proceeding, including material changes of fact or of law alleged to have occurred since the conclusion of the hearing.

(b) Reply. Within 10 days following service of a petition to reopen, any party may reply to such petition.

(c) Reopening by Presiding Officer. At any time prior to filling his decision, the presiding officer upon his own motion may reopen a proceeding for the reception of further evidence.

(d) Reopening by the Commission. Where a decision has been issued by the presiding officer or where a decision by the presiding officer has been omitted, but before issuance of a Commission decision, the Commission may, after petition and reply in conformity with paragraphs (a) and (b) of this section, or upon its own motion, reopen a proceeding for the purpose of taking further evidence.

(e) Remand by the Commission. Nothing contained in this rule shall preclude the Commission from remanding a proceeding to the presiding officer for the taking of additional evidence or determining points of law. [Rule 13(j).] [G.O. 16, Amdt. 2, 33 F.R. 9402, June 27, 1968]

Subpart N-Oral Argument; Submission for Final Decision (Rule 14) § 502.241 Oral argument.

If oral argument before the Commission is desired on exceptions to a recommended, or tentative decision, or on a motion, petition, or application, a request therefor shall be made in writing. Any party may make such request irrespective of his filing exceptions under § 502.227 (Rule 13(g)). If a brief on exceptions is filed, the request for oral argument shall be incorporated in such brief. Requests for oral argument on any motion, petition, or application shall be made in the motion, petition, or application, or in the reply thereto. Applications for oral argument will be granted or denied in the discretion of the Commission, and, if granted, the notice of oral argument will set forth the order of presentation. Upon request, the Commission will notify any party of the amount of time which will be allowed him. Those who appear before the Commission for oral argument shall confine their argument to points of controlling importance raised on exceptions or replies thereto. Where the facts of a case are adequately and accurately dealt with in the initial, recommended, or tentative decision, parties should, as far as possible, address themselves in argument to the conclusions. Effort should be made by parties taking the same position to agree in advance of the argument upon those who are to present their side of the case, and the names of such persons and the amount of time requested should be received by the Commission not later than ten (10) days before the date set for the argument. The fewer the number of persons making the argument the more effectively can the parties' interests be presented in the time allotted. [Rule 14(a).] § 502.242 Submission to Commission for final decision.

A proceeding will be deemed submitted to the Commission for final decision as follows: (a) If oral argument is had, the date of completion thereof, or if memoranda on points of law are permitted to be filled after argument, the last date of such filing; (b) if oral argument is not had, the last date when exceptions or replies thereto are filled, or if exceptions are not filed, the expiration date

for such exceptions; (c) in the case of an initial decision, the date of notice of the Commission's intention to review the decision, if such notice is given. [Rule 14(b).]

§ 502.243 Participation of absent Commissioner.

Any Commissioner who is not present at oral argument and who is otherwise authorized to participate in a decision shall participate in making that decision after reading the transcript of oral argument unless he files in writing an election not to participate. [Rule 14(c)]

[G.O. 16, Amdt. 12, 39 FR 33225, Sept. 16, 1974]

Subpart O-Reparation (Rule 15) 8502.251 Proof on award of reparation.

If many shipments or points of origin or destination are involved in a proceeding in which reparation is sought, the Commission will determine in its decision the issues as to violations, injury to complainant, and right to reparation. If complainant is found entitled to reparation, the parties thereafter will be given an opportunity to agree or make proof respecting the shipments and pecuniary amount of reparation due before the order of the Commission awarding reparation is entered. In such cases, freight bills and other exhibits bearing on the details of all shipments, and the amount of reparation on each, need not be produced at the original hearing unless called for or needed to develop other pertinent facts. [Rule 15(a).]

§ 502.252 Reparation statements.

When the Commission finds that reparation is due, but that the amount cannot be ascertained upon the record before it, the complainant shall immediately prepare a statement in accordance with the approved reparation statement in Appendix II (4), showing details of the shipments on which reparation is claimed. This statement shall not include any shipments not covered by the findings of the Commission. Complainant shall forward the statement, together with the paid freight bills on the shipments, or true copies thereof, to the carrier or other person who collected the charges for checking and certification as to accuracy. Statements so prepared and certified shall be filed with the Com

Within 30 days after issuance of a final decision or order by the Commission, any party may file a petition for reconsideration. Such petition shall be served in conformity with the requirements of Subpart H (Rule (8)) and shall state concisely the alleged errors in the Commission decision or order. If a petition seeks to vacate, reverse, or modify a Commission decision or order by reason of matters that have arisen since the decision or order, or by reason of a consequence that would result from compliance with a decision or order, the petition shall state concisely the matters relied upon by the petitioner. A petition shall be verified if verification of original pleading is required. A petition for reconsideration shall not operate as a stay of any rule or order of the Commission. [Rule 16(a).]

[G.O. 16, Amdt. 2, 33 F.R. 9402, June 27, 1968] § 502.262 Reply.

No replies to petitions for reconsideration shall be received. If, and to the extent, the Commission by order grants reconsideration, any party may file a reply within 15 days after issuance of the order granting reconsideration in accordance with § 502.74 (Rule 5(n)). The reply shall be confined to the issues upon which reconsideration has been granted and shall be served in conformity with Subpart H (Rule (8)). [Rule 16(b).] [G.O. 16, Amdt. 2, 33 F.R. 9402, June 27, 1968] Subpart Q-Schedules and Forms (Rule 17)

§ 502.271 Schedule of information for presentation in regulatory cases; approved forms.

A schedule of information for presentation in regulatory cases, and approved forms appears in Appendices I and II hereto.' [Rule 17(a).]

Filed as part of original document.

Subpart R-Nonadjudicatory Investigations (Rule 18)

§ 502.281

Investigational policy.

The Commission has extensive regulatory duties under the various acts it is charged with administering. The conduct of investigations is essential to the proper exercise of the Commission's regulatory duties. It is the purpose of this subpart to establish procedures for the conduct of such investigations which will insure protection of the public interest in the proper and effective administration of the law. The Commission encourages voluntary cooperation in its investigations where such can be effected without delay or without prejudice to the public interest. The Commission may, in any matter under investigation, invoke any or all of the compulsory processes authorized by law. [Rule 18(a).] § 502.282 Initiation of investigations.

Commission inquiries and nonadjudicatory investigations are originated by the Commission upon its own motion when in its discretion the Commission determines that information is required for the purposes of rule making or is necessary or helpful in the determination of its policies or the carrying out of its duties, including whether to institute formal proceedings directed toward determining whether any of the laws which the Commission administers have been violated. [Rule 18(b).] § 502.283

Order of investigation.

When the Commission has determined that an investigation is necessary, an Order of Investigation shall be issued [Rule 18(c).]

§ 502.284 By whom conducted.

Investigations are conducted by Commission representatives designated and duly authorized for the purpose. Such representatives are authorized to exercise the duties of their office in accordance with the laws of the United States and the regulations of the Commission, including the resort to all compulsory processes authorized by law, and the administration of oaths and affirmances in any matters under investigation by the Commission. [Rule 18(d).]

§ 502.285 Investigational hearings.

(a) Investigational hearings as distinguished from hearings in adjudicative proceedings, may be conducted in the course of any investigation undertaken by the Commission, including inquiries initiated for the purpose of determining whether or not a person is complying with an order of the Commission.

(b) Investigational hearings may be held before the Commission, one or more of its members, or a duly designated representative, for the purpose of hearing the testimony of witnesses and receiving documents and other data relating to any subject under investigation. Such hearings shall be stenographically reported and a transcript thereof shall be made a part of the record of investigation. [Rule 18(e).]

§ 502.286 Compulsory processes.

The Commission, or its designated representative may issue orders or subpenas directing the person named therein to appear before a designated representative at a designated time and place to testify or to produce documentary evidence relating to any matter under investigation, or both. Such orders and subpenas shall be served in the manner provided in § 502.134 (Rule 9(d)). [Rule 18(f).]

§ 502.287 Depositions.

The Commission, or its duly authorized representative, may order testimony to be taken by deposition in any investigation at any stage of such investigation. Such depositions may be taken before any person designated by the Commission having the power to administer oaths. Such testimony shall be reduced to writing by the person taking the deposition or under his direction, and shall then be subscribed by the deponent. Any person may be compelled to appear and depose and to produce evidence in the same manner as witnesses may be compelled to appear and testify and produce documentary evidence as provided in § 502.131 (Rule 9(a)). [Rule 18(g).]

§ 502.288 Reports.

The Commission may issue an order requiring a person to file a report or answers in writing to specific questions relating to any matter under investigation. [Rule 18(h).]

§ 502.289 Noncompliance with investigational processes.

In case of failure to comply with Commission investigational processes appropriate action may be initiated by the Commission, including actions for enforcement by the Commission or the Attorney General and forfeiture of penalties or criminal actions by the Attorney General. [Rule 18(1).] § 502.290 Rights of witness.

Any person required to testify or to submit documentary evidence shall be entitled to retain or on payment of lawfully prescribed cost, procure a copy of any document produced by such person and of his own testimony as stenographically reported or, in the depositions, as reduced to writing by or under the direction of the person taking the deposition. Any party compelled to testify or to produce documentary evidence may be accompanied and advised by counsel, but counsel may not, as a matter of right, otherwise participate in the investigation. [Rule 18(j).] § 502.291 Nonpublic proceedings.

Unless otherwise ordered by the Commission, all investigatory proceedings shall be nonpublic. [Rule 18(k).] Subpart S-Informal Procedure for Adjudication of Small Claims [Rule 19] Policy.

§ 502.301

Claims against common carriers subject to the Shipping Act, 1916, as amended, and the Intercoastal Shipping Act, 1933, as amended, in the amount of $1,000 or less, for the recovery of damages (not including claims for loss of or damage to property), or for the recovery of overcharges, will with the consent of all parties, be determined, pursuant to this subpart, by Settlement Officers, to be delegated by the Commission, without the necessity for formal proceedings under the rules of this part. Determination of such claims under Subparts S and T of this part shall be administratively final and conclusive. [Rule 19(a)]

[G.O. 16, Amdt. 9, 37 FR 14878, July 26, 1972, as amended by Amdt. 12, 39 FR 33225, Sept. 16, 1974]

§ 502.302 Limitation of actions.

Claims may be filed with the Commission within 2 years from the time the cause of action accrues. The cause of

action shall, for the purpose of this section, be deemed to accrue (a) for overcharges upon delivery of the property or the payment of the charges, whichever is later, (b) for damages on the date on which the act which is the basis of the claim occurred. [Rule 19(b)]

§ 502.303 Overcharges and damages defined.

The term "overcharges" as used in Subparts S and T means charges for transportation services in excess of those applicable under tariffs lawfully on file with the Commission. The term "damages" as used in Subparts S and T means such violations of the Shipping Act, 1916, as amended, or the Intercoastal Shipping Act, 1933, as amended, other than overcharges for which reparation may be granted. [Rule 19(c)]

(a) A sworn claim under this subpart shall be filed in the form prescribed in Appendix A. Three (3) copies of the claim must be filed, together with the same number of copies of such supporting documents as may be deemed necessary to establish the claim. Copies of tariff pages need not be filed; reference to such tariffs or to pertinent parts thereof will be sufficient. Supporting documents may consist of affidavits, correspondence, bills of lading, paid freight bills, export declarations, dock or wharf receipts, or of such other documents as, in the judgment of the claimant, tend to establish the claim. The Settlement Officer may, if deemed necessary, request additional documents or information from claimants. Claimant may attach a memorandum, brief or other document containing discussion, argument, or legal authority in support of its claim. If a claim filed under this subpart involves any shipment which has been the subject of a previous claim filed with the Commission, formally or informally, full reference to such previous claim must be given.

(b) Claims under this subpart shall be addressed to the Office of the Secretary, Federal Maritime Commission, Washington, D.C. 20573.

(c) Each claim under this subpart will be acknowledged with a reference to the Informal Docket Number assigned. The number shall consist of a numeral (s) followed by capital "I" in parentheses. All further correspondence pertaining to