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§ 12-60.215 Unexcused absence of a party.

The unexcused absence of a party at the time and place set for hearing does not delay the hearing. In such a case, the hearing proceeds and the case is considered to be submitted on the written record by the absent party, as provided in § 12-60.206.

§ 12-60.216 Nature of hearings.1

Hearings shall be as informal as may be reasonable and appropriate under the circumstances. Subject to the discretion of the presiding Board member as to the extent and manner of the presentation of such evidence, the appellant and the contracting officer may offer any relevant evidence that would be admissible under the generally accepted rules of evidence applied in the courts of the United States in nonjury trials. In general, admissibility depends on relevancy and materiality. Letters or copies thereof, affidavits, or other evidence may be admitted in the discretion of the presiding Board member. The weight to be attached to evidence presented in any particular form is within the discretion of the Board, after considering the circumstances of the particular case. The Board may in any case require evidence in addition to that offered by the parties.

§ 12-60.217 Examination of witnesses.

Witnesses before the Board may be examined orally under oath or affirmation. If the testimony of a witness is not given under oath the Board shall warn the witness that his statements are subject to sections 287 and 1001 of Title 18, United States Code, and any other provisions of law imposing penalties for knowingly making false representations in connection with claims against the United States.

§ 12-60.218 Copies of papers.

A true copy may be substituted for any book, record, paper, or other document that has been received in evidence. If this is done, an identical copy shall be furnished to the other party.

§ 12-60.219 Posthearing briefs.

Posthearing briefs may be submitted upon such terms as may be agreed upon by the parties, or as may be directed by the presiding Board member.

§ 12-60.220 Transcript of proceedings.

Unless the Board otherwise orders, testimony and argument at hearings shall be reported verbatim. Any party to a hearing may buy a transcript of the proceedings at rates fixed by contract between the Board and the reporter, or equivalent rates if the proceedings are reported by an employee of the United States.

§ 12-60.221 Settling the record.

(a) A case which is heard is ready for decision upon receipt of transcript, or upon receipt of briefs when briefs are to be submitted. (b) A case submitted on the record pursuant to §12-60.206 is ready for decision when the parties are so notified by the Board. At any time before the date that such a case is ready for decision, either party may, upon good cause shown, supplement the record with documents and exhibits that the Board considers relevant and material.

1 This section does not apply to hearings conducted under the conference hearing procedure (§ 12-60.207).

(c) The Board may, upon its own motion, call upon either party, with appropriate notice to the other, for evidence that it considers relevant and material. The weight attached to any evidence of record is within the discretion of the Board. Either party may at any stage of the proceeding, on notice to the other party, question by objection the relevance or materiality of material in the record or offered into the record.

(d) The Board record consists of the appeal file described in § 1260.204 and any additional material file with or heard by the Board, except material which the Board strikes or excludes.

(e) This record is at all times available for inspection by either party, upon reasonable prior arrangement, at the office of the Board. Copies of material in the record may, if practicable, be furnished to the appellant upon payment of the established fees for reproduction. § 12-60.222 Representation of parties.

An individual appellant may prosecute his appeal in person; a corporation, by an officer, a partnership or joint venture, by a member; and any appellant may be represented by an attorney. The contracting officer is represented by Government counsel.

§ 12-60.223 Settlement.

A dispute may be settled at any time before the decision by the filing of a written notice by the appellant withdrawing his appeal or by written stipulation between the appellant and the contracting officer, settling the dispute. Proceedings may be suspended while the parties are considering settlement.

§ 12-60.224 Decisions.

Written decisions of the Board shall be forwarded simultaneously to both parties. The rules of the Board and all final orders and decisions are open for public inspection at the offices of the Board in Washington, D.C. Decisions of the Board are made upon the record.

§ 12-60.225 Effective date.

(a) This part becomes effective upon the date of its publication in the FEDERAL REGISTER, as to all appeals received within the Department of Transportation after that date. In addition, the Board may, upon notice to the parties, make the rules in this part apply, in whole or in part, to any appeal pending under the contract appeal rules of any operating element of the Department of Transportation. However, if any party to such an appeal objection, in writing, within 20 days after receipt of notice, the rules in this part do not apply until the Board expressly finds that their application is just and warranted. The contract appeals rules of each such operating element remain in effect for all appeals pending on the effective date of the rules in this part, except as otherwise ordered by the Board under this section after notice to the parties.

(b) Part 1 of the regulations of the Secretary of Transportation (49 CFR Part 1) is hereby modified to the extent that it is inconsistent with this part.

Issued in Washington, D.C., on May 23, 1967.

ALAN S. BOYD, Secretary of Transportation.

TITLE 41-PUBLIC CONTRACTS AND PROPERTY
MANAGEMENT

CHAPTER 12-DEPARTMENT OF TRANSPORTATION

[Amdt. 12-60-1]

PART 12-60-CONTRACT APPEALS

NOTATION; COPY TO OTHER PARTY

§ 12-60.211-1 Notation; copy to other party.

Except for the appeal file, each written communication to the Board from or on behalf of the Contracting Officer or the appellant shall include a notation or statement that copy has been served on or sent to the other party. The letter to the Board transmitting the appeal file shall indicate that a copy of the letter and a list of the documents have been sent to the appellant.

Issued in Washington, D.C., on September 18, 1967.

D. L. SIEGEL,

Chairman, Contract Appeals Board.

(n) UNITED STATES POSTAL SERVICE

AMENDMENTS TO RULES OF PRACTICE

(Effective July 1, 1973, except as otherwise noted)

PART 955-RULES OF PRACTICE BEFORE THE BOARD OF CONTRACT APPEALS

1. Paragraph (a) of § 955.7 is amended by deleting the words "the Recorder of the Board (Docket Clerk)" and inserting in lieu thereof the words "the Docket Clerk.”

2. Paragraph (b) of § 955.7, § 955.9 and paragraph (c) of § 955.14 are amended by deleting "the Recorder of the Board" and inserting in lieu thereof "the Docket Clerk."

3. A new paragraph (d) is added to § 955.7, effective September 4, 1973, to read as follows:

"(d) Unless the Board otherwise directs, all pleadings filed after the Board has received the notice of appeal shall be delivered to the Docket Clerk at the Board's Offices in the United States Postal Service Headquarters Building, 475 L'Enfant Plaza West, S.W., Washington, D.C. 20260. Communications to the Board shall be addressed to Board of Contract Appeals, United States Postal Service, Washington, D.C. 20260."

4. 955.30 is amended to read:

"Decisions of the Board will be made in writing and copies thereof shall be forwarded simultaneously to both parties. The rules of the Board and all final orders and decisions shall be open for public inspection at the offices of the Board. Decisions of the Board are made upon the record as described in § 955.14."

ADAM G. WENCHEL,

Chairman.

TITLE 39-POSTAL SERVICE

CHAPTER I-U.S. POSTAL SERVICE

SUBCHAPTER N-PROCEDURES

PART 951-PROCEDURE GOVERNING THE ELIGIBILITY OF PERSONS TO PRACTICE BEFORE THE POSTAL SERVICE

PART 952-RULES OF PRACTICE IN PROCEEDINGS RELATIVE TO FALSE REPRESENTATION AND LOTTERY ORDERS

PART 953-RULES OF PRACTICE IN PROCEEDINGS RELATIVE TO MAIL

ABILITY

PART 954-RULES OF PRACTICE IN PROCEEDINGS RELATIVE TO THE DENIAL, SUSPENSION OR REVOCATION OF SECOND-CLASS MAIL PRIVILEGES

PART 955-RULES OF PRACTICE BEFORE THE BOARD OF CONTRACT APPEALS

PART 957-RULES OF PRACTICE IN PROCEEDINGS RELATIVE TO DEBARMENT AND SUSPENSION FROM CONTRACTING

PART 958-RULES OF PRACTICE IN PROCEEDINGS RELATIVE TO THE REFUSAL TO RENT OR RENEW POST OFFICES BOXES AND THE CLOSING OF POST OFFICE BOXES

CHANGE OF TITLE OF HEARING EXAMINERS; MISCELLANEOUS

AMENDMENTS

The Judicial Officer pursuant to 39 CFR 222.2(b) (5) has amended the rules of procedure before the Judicial Officer codified in Parts 951-955, 957, and 958. The amendments reflect the change of the title "hearing examiner" to "Administrative Law Judge" in Part 930 of the Civil Service Commission's regulations (5 CFR Part 930) and amendments to the organization regulations of the Postal Service published in the daily issue of September 27, 1972 (37 F.R. 20167). An amendment to § 957.9 conforms terminology in that section to terminology used elsewhere in postal regulations.

The amendments made by the Judicial Officer are set out below and are effective upon publication in the FEDERAL REGISTER (11-3-72). (39 U.S.C. 204, 401, 404)

ROGER P. CRAIG,

Deputy General Counsel. ADAM G. WENCHEL, Judicial Officer.

The rules of practice before the Judicial Officer are amended as follows:

1. Section 952.17 is amended by changing "Chief Hearing Examiner" where it appears in paragraph (a) to "Chief Administrative Law Judge".

2. Section 953.11 is amended by changing "Chief Hearing Examiner” to "Chief Administrative Law Judge.'

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3. Section 954.14 is amended by changing "Chief Hearing Examiner" where it appears in paragraph (a) to "Chief Administrative Law Judge."

4. Section 955.1 is amended by changing the second sentence of paragraph (b) to read: "The Board is composed of the Judicial Officer as Chairman, the Chief Administrative Law Judge and one other Administrative Law Judge designated by the Chairman."

5. Section 957.9 is amended by striking out "departmental decision" and inserting "Postal Service Decision" in lieu thereof.

6. Section 958.7 is amended by changing "Chief Hearing Examiner' to "Chief Administrative Law Judge.'

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7. Parts 951-954 and 958 are amended by changing "hearing examiner" and "hearing examiners" wherever those terms appear to "Administrative Law Judge" and "Administrative Law Judges", respectively.

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