sentative and the accused have finished their examinations.

§ 21.307 Testimony of accused.

The accused may in any case, testify in his own behalf, but his failure to do so shall create no presumption against him. If the accused does testify in his own behalf, he shall be subject to cross-examination concerning any facts to which he has testified.

§ 21.308 Defense rebuttal.

When the examination of witnesses is closed the accused may present argun.ents in his defense, in writing or orally, in person or by counsel. This statement, if written, may be read before the board. The whole shall become a part of the record.

§ 21.309 Reply of Service representative.

The Service representative shall have the right to reply to the defense in writing or orally, and this reply shall become a part of the record.

§ 21.310 Close of hearing.

When the Service representative and the defense have completed their arguments, the hearing shall be closed. The board may, however, before its finding, authorize reopening for the introduction of new evidence, provided it be shown that the evidence is material and its omission would leave the case incomplete. The board shall then retire to consider the record.

§ 21.311 Consideration by board.

(a) When the board has sufficiently examined the evidence, the presiding officer shall put the question upon each specification of each charge, beginning with the first, whether the specification

is "proved", "not proved", or "proved in part". No written minute of the votes shall be preserved unless so ordered by the unanimous vote of the board. In any oral vote the member of the board who is junior in rank shall vote first. When a majority of the board agrees upon a finding it shall be so recorded.

(b) When the members have voted upon all the specifications of any charge, the question shall be put upon the charge to each member: "Is the ac

cused guilty of the charge, or not guilty?". When a majority decision is arrived at, the result shall be recorded. The board shall then proceed to the next charge and specifications until votes have been taken and decisions recorded upon all the charges and specifications.

(c) When the members of the board have voted upon all the charges, if the accused has been found guilty upon any of them, the members shall proceed to vote upon the punishment to be recommended. Each member shall write down the punishment which he believes should be recommended and shall hand his vote to the presiding officer, who shall announce the result. If a majority shall not have agreed upon the nature and degree of the punishment to be recommended, the presiding officer shall proceed, beginning with the mildest punishment that has been proposed and continuing, if necessary, to the next more severe punishment, and so on, successively, until a punishment to be recommended has been decided upon by a majority of the members of the board.

(d) A finding of guilty shall not be entered on a charge other than a charge specified. In case evidence develops which in the opinion of the Service representative warrants additional charges and specifications, appropriate recommendation shall be made with respect thereto by the Service representative to the Surgeon General. The Service representative shall give due notice to the presiding officer, whereupon the board shall await further instructions from the Surgeon General.

§ 21.312 Findings and recommendations of board.

After all charges and specifications have been voted upon, the recorder, under the direction of the board, shall draw up the findings, specifying as to each charge whether the accused has been found guilty or not guilty, and, on approval by the board, shall enter such findings upon the record, together with the recommendations of the board as to punishment and clemency if the accused has been found guilty of any charge.

§ 21.313 Recommendations of board.

In arriving at its recommendations as to the nature and degree of the punishment, if any, to be imposed, the board shall take into consideration all previous convictions and the official record of the accused. If mitigating circumstances have appeared during the proceedings which could not be taken into consideration in determining the degree of guilt found by the verdict, the board may avail itself of such circumstances as grounds for recommending clemency. Any recommendation for clemency shall be inserted immediately after the recommendation as to punishment.

§ 21.314 Report to accompany record.

The board shall prepare a report to accompany the record and in such report shall review the evidence as a whole, with specific reference to all evidence and to any conclusions of law on controverted questions upon which the findings are based. The report of the board shall be signed by the members concurring; any member or members not concurring, in whole or in part, may submit and sign a minority report.

§ 21.315 Transmittal of record and report.

After the record (including the transcript of the testimony) and other documents have been signed, they shall be forwarded by the presiding officer to the Surgeon General. The board shall then adjourn pending further orders.

ACTION UPON FINDINGS AND RECOMMENDATIONS OF BOARD

§ 21.321 Action by Surgeon General. The Surgeon General shall review the record, report, and recommendations of the board, and may either order further investigation by the board or transmit the papers in the case to the Secretary with his recommendations.

§ 21.322 Action by the Secretary.

No recommendation for punishment shall be effective until approved by the Secretary. The Secretary shall review the record, report, and recom

mendations of the board and the recommendations of the Surgeon General, and may either order a further investigation by the board or approve the findings and recommendations in whole or in part; or, upon the basis of the approved findings, he may order punishment or a grant of clemency or other disposition not inconsistent with these regulations. The disposition of a case by the Secretary shall be final.

Subpart O-Burial Payments

AUTHORITY: 70A Stat. 113, 114, 70A Stat. 619; 10 U.S.C. 1482, 1485; 42 U.S.C. 213. § 21.331 Commissioned officers.

Upon the death of a commissioned officer, the Secretary or his designee may pay the necessary expenses for those items enumerated in 10 U.S.C. 1482, in accordance with and subject to those limitations prescribed in said sections. Not more than the amount authorized to be paid under section 8134(a) of title 5 in the case of a Federal employee whose death occurs as the result of an injury sustained in the performance of duty shall be paid for the following:

(a) Preparation of remains for burial (including cremation of remains upon request of the person recognized as the one to direct the disposition of the remains);

(b) Casket or urn, with outside box; (c) Hearse service; and

(d) Funeral director's services.

In addition, an amount not to exceed $150 shall be paid for the interment of the remains when the interment is in a cemetery other than a national cemetery.

[39 FR 3939, Jan. 31, 1974]

§ 21.332 Reimbursement.

(a) In any case where expenses, which are authorized to be paid under § 21.331 or § 21.333, are borne by a relative or other representative of the decedent, reimbursement of such expenses may be authorized by the Secretary or his designee.

(b) Reimbursement shall not exceed the amounts specified in § 21.331, and, for transportation of remains, the cost

which would have been incurred by the Service by common carrier.

[31 FR 11454, Aug. 31, 1966, as amended at 39 FR 3940, Jan. 31, 1974]

§ 21.333 Dependents of Commissioned Officers.

The Secretary or his designee may authorize the transportation of the remains of a dependent (as defined in 37 U.S.C. 401) of a commissioned officer who is on active duty, except active duty for training. Transportation is authorized to the home of the decedent, or to any other place determined to be an appropriate place of interment.

[31 FR 11454, Aug. 31, 1966, as amended at 39 FR 3940, Jan. 31, 1974]

Subpart P-Quarters [Reserved]

Subpart Q-Travel and
Transportation Allowances

§ 21.351 Controlling regulations.

Regulations governing the allowances for travel and transportation and the conditions under which such travel and transportation may be performed by commissioned officers of the Public Health Service shall consist of those portions of the document entitled "Joint Travel Regulations", approved by the Federal Security Administrator on January 31, 1951, and approved by the Secretaries having jurisdiction over the other uniformed services, as are applicable to such officers of the Service, together with any revisions or additions to such document, so applicable, as have been approved since January 1, 1951, by said Administrator or the Secretary, as the case may be, or as may hereafter be approved by the Secretary.

(37 U.S.C. 404-407, 409, 410, 411.)

§ 21.352 Instructions by the Surgeon General.

The Surgeon General is authorized to adopt, and from time to time revise or add, administrative instructions relating to methods or procedures appropriate to implementing and enforcing the regulations governing travel and

For purposes of this subpart the term "parent" shall include a natural father or mother, a father or mother by adoption, a stepfather or stepmother, and any person, including a former stepfather or stepmother, who has stood "in loco parentis" to an officer at any time for a continuous period of not less than five years during the minority of such officer. A stepparentstepchild relationship shall be deemed to be terminated by the step-parent's divorce from the blood parent, but shall not be deemed to be terminated by the death of the blood parent.

§ 21.382 Entitlement.

An officer shall be entitled to basic allowance for quarters because of a dependent parent upon the presentation of appropriate evidence, as required in this subpart, to establish the fact (a) that the parent is a parent as defined in § 21.381, and (b) that the parent is dependent upon the officer for over half of his or her support.

§ 21.383 Proof of dependency.

If any person is claimed as a dependent parent, the officer shall submit form PHS 1637-2 (BF). In addition, the parent concerned shall submit an affidavit on form PHS 1637-3 (BF). The parent's affidavit shall be filed to cover the period from the date basic allowance for quarters is claimed to the date of execution of the affidavit, such period to be not less than one month.

§ 21.384 Adopted parent.

If the parent claimed as a dependent is a parent by adoption, there shall be submitted, in addition to the evidence required by § 21.383, certified court orders of adoption or such other evi

dence as is acceptable to establish legally the fact of adoption.

§ 21.385 Stepparent.

If the parent claimed as a dependent is a stepparent, the stepparent must submit, in addition to the affidavit required by § 21.383, a sworn statement to the effect that he or she married the blood parent of the officer and that he or she has not been divorced from such blood parent.

§ 21.386 Parent "in loco parentis."

If the parent claimed as a dependent has an "in loco parentis" status, the officer, in addition to the evidence required by § 21.383 to be submitted by him, shall submit a sworn statement setting forth all circumstances relevant to proof of the relationship as may be prescribed by the Surgeon General.

§ 21.387 Determinations.

Determinations of dependency and parental status, as required by this subpart, may be made by such officers and employees of the Public Health Service as may be designated by the Chief, Division of Finance, Public Health Service.

Subpart S-Claims for Compensation Availability of Clinical Information

§ 21.401 Claims for compensation; disclosure of relevant clinical information. Relevant clinical information in the records or in the possession of the Service concerning a commissioned officer or former officer of the Service may upon request therefor be furnished to a Federal department or agency with which a claim for compensation or other benefit has been filed based on the death of, or an injury or disease incurred by, such officer or former officer.

(Sec. 215, 58 Stat. 690, as amended; 42 U.S.C. 216)

Subpart T-Inactive Duty Training

§ 21.451 Inactive duty training with pay. Commissioned officers of the Reserve Corps not on active duty may,

when authorized by the Surgeon General, perform such periods of training, instruction, or duty as the Surgeon General may prescribe. For each period of service performed pursuant to this section of which the duration is not less than two hours nor more than one calendar day, the officer shall be entitled to compensation at the rate of 1/30th of his basic pay. The number of such periods for which compensation shall be paid shall be limited to 48 periods during a calendar year and to 12 periods during a calendar quarter. The Surgeon General shall prescribe for each officer so authorized the minimum number of such periods of service to be performed during a calendar quarter, the performance of which will be required to entitle the officer to compensation for any period of service performed during that quarter. The Surgeon General may require each officer performing such periods of service to file reports relative to each period. If a report is required for a period of service the receipt of the report by the Service shall be a condition precedent to the payment of compensation for such period.

(37 U.S.C. 206, 402(b), 1002.) [24 FR 11096, Dec. 31, 1959]

LEPROSY DUTY BY CIVIL SERVICE OFFICERS AND EMPLOYEES

§ 22.1 Duty requiring intimate contact with leprosy patients; additional pay for civil service officers or employees. Every civil service officer or employee of the Service assigned to full-time duty for a period of 30 days or more at a station of the Service devoted to the care of leprosy patients shall receive, while so assigned, in addition to the basic compensation provided by law for his position, a sum equal to 25 per centum of such compensation: Provided, That the rate of total basic and additional compensation received by any such civil service officer or employee on June 30, 1952, under laws and regulations then in effect shall not, so long as the officer or employee remains on continuous assignment to such duty, be reduced prior to July 1, 1957, by reason of the foregoing provisions of this section.

(Sec. 209(g), 58 Stat. 687, as amended; 42 U.S.C. 210(e))

[21 FR 9821, Dec. 12, 1956]

SPECIAL CONSULTANTS

§ 22.3 Appointment of special consultants. (a) When the Public Health Service requires the services of consultants who cannot be obtained when needed through regular Civil Service appointment or under the compensation provisions of the Classification Act of 1949, special consultants to assist and advise in the operations of the Service may be appointed, subject to the provisions of the following paragraphs and in accordance with such instructions as may be issued from time to time by the Secretary of Health, Education, and Welfare.

(b) Appointments, pursuant to the provisions of this section, may be made by those officials of the Service to whom authority has been delegated by the Secretary or his designee.

(c) The per diem or other rates of compensation shall be fixed by the appointing officer in accordance with criteria established by the Surgeon General.

(Sec. 208(c), 58 Stat. 686, as amended; 42 U.S.C. 209(e); sec. 207(f), 58 Stat. 686 as amended by 62 Stat. 40; 42 U.S.C. 209(f))

[21 FR 9821, Dec. 12, 1956, as amended at 31 FR 12939, Oct. 5, 1966]

§ 22.5 Leave without pay while on detail.

The Secretary or his delegate may, pursuant to section 214(d) of the Public Health Service Act, 42 U.S.C. 215(d), and with the consent of the officer or employee concerned, arrange, through agreements or otherwise, for a civilian officer or employee of the Public Health Service to be placed on leave without pay for the period of a detail to a State, a subdivision thereof, or a private non-profit institution and be paid by the non-Federal organization. Such an arrangement may be for a period of not to exceed 2 years, but may be extended for additional periods of not to exceed 2 years each.

(Sec. 215, 58 Stat. 690, as amended; 42 U.S.C. 216.)

[33 FR 18981, Dec. 20, 1968]

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