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the date of transmission or day following mailing will be considered the date of receipt. In the case of communications sent by regular mail, the date of receipt will be considered 3 days after the date of mailing.

(b) Due date. In counting days, include Saturdays, Sundays, and holidays. However, if a due date falls on a Saturday, Sunday, or Federal holiday, then the due date is the next Federal working day.

(2) A written statement, not to exceed 20 double-spaced pages, explaining the party's position concerning the suspension and any proposed revocation. No reply brief is permitted.

(d) Oral presentation. If an oral presentation is requested by the appellant or otherwise granted by the reviewing official in accordance with $ 8.27(a), the presiding official will attempt to schedule the oral presentation within 20 to 30 days of the date of appellant's request for review at a time and place determined by the presiding official following consultation with the parties. The presiding official may hold a pre-hearing conference in accordance with $ 8.27(c) and will conduct the oral presentation in accordance with the procedures of $88.27(e), (f), and (g).

(e) Written decision. The reviewing official shall issue a written decision upholding or denying the suspension or proposed revocation and will attempt to issue the decision within 7 to 10 days of the date of the oral presentation or within 3 days of the date on which the transcript is received or the date of the last submission by either party, whichever is later. All other provisions set forth in $8.33 apply.

(f) Transmission of written communications. Because of the importance of timeliness for these expedited procedures, all written communications between the parties and between either party and the reviewing official shall be sent by facsimile transmission, personal service, or commercial overnight delivery service.

$ 8.31 Authority and responsibilities of

the reviewing official. In addition to any other authority specified in this subpart C, the reviewing official and the presiding official, with respect to those authorities involving the oral presentation, shall have the authority to issue orders; examine witnesses; take all steps necessary for the conduct of an orderly hearing; rule on requests and motions; grant extensions of time for good reasons; dismiss for failure to meet deadlines or other requirements; order the parties to submit relevant information or witnesses; remand a case for further action by the respondent; waive or modify these procedures in a specific case, usually with notice to the parties; reconsider a decision of the reviewing official where a party promptly alleges a clear error of fact or law; and to take any other action necessary to resolve disputes in accordance with the objectives of the procedures in this subpart.

$ 8.29 Ex parte communications.

Except for routine administrative and procedural matters, a party shall not communicate with the reviewing or presiding official without notice to the other party. $8.30 Transmission of written commu

nications by reviewing official and

calculation of deadlines. (a) Timely review. Because of the importance of a timely review, the reviewing official should normally transmit written communications to either party by facsimile transmission, personal service, or commercial overnight delivery service, or certified mail, return receipt requested, in which case

$ 8.32 Administrative record.

The administrative record of review consists of the review file; other submissions by the parties; transcripts or other records of any meetings, conference calls, or oral presentation; evidence submitted at the oral presentation; and orders and other documents issued by the reviewing and presiding officials.

$8.33 Written decision.

(a) Issuance of decision. The reviewing official shall issue a written decision upholding or denying the suspension, proposed revocation, or adverse action. The decision will set forth the reasons for the decision and describe the basis for that decision in the record. Furthermore, the reviewing official may remand the matter to the respondent for such further action as the reviewing official deems appropriate.

(b) Date of decision. The reviewing official will attempt to issue the decision within 15 days of the date of the oral presentation, the date on which the transcript is received, or the date of the last submission by either party, whichever is later. If there is no oral presentation, the decision will normally be issued within 15 days of the date of receipt of the last reply brief. Once issued, the reviewing official will immediately communicate the decision to each party.

(c) Public notice and communications to the Drug Enforcement Administration (DEA). (1) If the suspension and proposed revocation of OTP certification are upheld, the revocation of certification will become effective immediately and the public will be notified by publication of a notice in the FED

ERAL REGISTER. SAMHSA will notify DEA within 5 days that the OTP's registration should be revoked.

(2) If the suspension and proposed revocation of OTP certification are denied, the revocation will not take effect and the suspension will lifted immediately. Public notice will be given by publication in the FEDERAL REGISTER. SAMHSA will notify DEA within 5 days that the OTP's registration should be restored, if applicable. $8.34 Court review of final administra

tive action; exhaustion of adminis

trative remedies. Before any legal action is filed in court challenging the suspension, proposed revocation, or adverse action, respondent shall exhaust administrative remedies provided under this subpart, unless otherwise provided by Federal law. The reviewing official's decision, under $8.28(e) or $8.33(a), constitutes final agency action as of the date of the decision.

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21.70 Purpose. 21.71 Applicability and scope. 21.72 Definitions. 21.73 Policy. 21.74 Responsibilities. 21.75 Procedures.

Subpart A-Definitions

AUTHORITY: Sec. 215, 58 Stat. 690, as amended; 42 U.S.C. 216.

PROVISIONS APPLICABLE BOTH TO REGULAR

AND RESERVE CORPS 21.21 Meaning of terms. 21.22 Submission of application and evi

dence of qualifications. 21.23 False statements as disqualification. 21.24 Physical examinations. 21.25 Eligibility; junior assistant grade. 21.26 Eligibility; assistant grade. 21.27 Eligibility; senior assistant grade. 21.28 Age requirements, Regular Corps, sen

ior assistant grade and below. 21.29 Eligibility; grades above senior assist

ant grade. 21.30 Determination of creditable years of

educational and professional training

and experience. 21.31 Eligibility; all grades; academic and

professional education and professional

training and experience. 21.32 Boards; appointment of; powers and

duties. 21.33 General service. 21.34 Certification by candidate; require

ment of new physical examination.

$21.1 Meaning of terms.

As used in this part, the term:

(a) Act means the Public Health Service Act, 58 Stat. 682, as now or hereafter amended.

(b) Department means the Department of Health and Human Services.

(c) Secretary means the Secretary of Health and Human Services.

(d) Service means the Public Health Service.

(e) Surgeon General means the Surgeon General of the Public Health Service.

(f) Commissioned officer or officer, unless otherwise indicated, means either an officer of the Regular Corps or an officer of the Reserve Corps. (21 FR 9806, Dec. 12, 1956)

PROVISIONS APPLICABLE ONLY TO REGULAR

CORPS 21.41 Professional examinations, holding of;

Subpart B-Appointment

AUTHORITY: Sec. 215, 58 Stat. 690, as amended; 42 U.S.C. 216; sec. 208, 58 Stat. 685, as amended; 42 U.S.C. 209.

SOURCE: 21 FR 9806, Dec. 12, 1956, unless otherwise noted.

PROVISIONS APPLICABLE BOTH TO REGULAR AND RESERVE CORPS

subjects to be included. 21.42 Examinations; junior assistant, assist

ant, or senior assistant grade. 21.43 Examination; full grade and above. 21.44 Clinical or other practical demonstra

tion. 21.45 Rating values. 21.46 Merit roll. 21.47 Examination; anticipation of meeting

qualifications.

PROVISIONS APPLICABLE ONLY TO RESERVE

CORPS

21.51 Appointment of officers having spe

cialized training or experience in admin

istration and management. 21.52 Waiver of entrance qualifications for

original appointment in time of war or

national emergency. 21.53 Examination. 21.54 Students.

$21.21 Meaning of terms.

The terms approved school, approved college, approved postgraduate school, or

approved training course means, except (3) Shall have been granted an acaas otherwise provided by law:

demic or professional degree from an (a) A school, college, postgraduate approved school, college, or postschool, or training course which has graduate school, and, unless the rebeen accredited or approved by a pro- quired professional training has been fessional body or bodies recognized by otherwise obtained from an approved the Surgeon General for such purpose, school, college, or postgraduate school, or which, in the absence of such a body, shall have majored in the profession in meets generally accepted professional which the examination is being held. standards as determined by the Sur

(b) [Reserved) geon General, or

(c) Special requirement; therapists. (b) In the case of a candidate who is

Every candidate for examination for applying for appointment as a medical

appointment as a therapist shall have officer,

any
non-approved medical

received a certificate from an approved school provided that the candidate has

school of physical therapy or an appassed examinations given by a profes

proved school of occupational therapy. sional body or bodies recognized by the Surgeon General for such purpose.

[21 FR 9806, Dec. 12, 1956, as amended at 30

FR 9437, July 29, 1965) (24 FR 1790. Mar. 12, 1959)

$21.26 Eligibility; assistant grade. $21.22 Submission of application and evidence of qualifications.

(a) Requirements; all candidates. Ex

cept as otherwise provided in this sec(a) Application form. Every candidate for examination for appointment as an

tion every candidate for examination officer shall submit a written applica

for appointment in the grade of assist

ant: tion on such form as may be prescribed by the Surgeon General.

(1) Shall meet the requirements for (b) Documentary evidence. The appli

eligibility for examination for appointcation shall be accompanied by such

ment in the grade of junior assistant; documentary evidence as may be re

(2) Shall be at least 21 years of age; quired by the Surgeon General.

and

(3) Shall have had at least 7 years of $21.23 False statements as disquali. educational and professional training fication.

experience subsequent to high Willfully false statements shall be school, except that a candidate who apcause for rejection of the application plies for examination for appointment or, as provided in subpart N of this in the Reserve Corps to serve as a medpart, for dismissal.

ical or dental intern may be examined

for such appointment upon the comple$21.24 Physical examinations.

tion of 6 years of such education, trainEvery candidate for appointment as

ing, or experience. an officer shall undergo such physical

(b) Additional requirements; dietitians. examination as the Surgeon General Every candidate for examination for may direct, and no candidate who is appointment as a dietitian shall have not found to be physically qualified

successfully completed an approved shall be appointed as an officer.

training course for dietetic interns. $21.25 Eligibility; junior assistant $21.27 Eligibility; senior assistant grade.

grade. (a) Requirements; all candidates. Ex- Every candidate for examination for cept as provided in $21.54, and as other- appointment in the grade of senior aswise provided in this section, every sistant shall meet the requirements for candidate for examination for appoint- eligibility for examination for appointment in the grade of junior assistant: ment in the grade of assistant and

(1) Shall be a citizen of the United shall have completed at least 10 years States;

of educational and professional train(2) Shall be at least 18 years of age; ing or experience subsequent to high and

school.

or

$21.30 Determination of creditable

years of educational and profes

sional training and experience. The level of academic attainment, the number of calendar years and the quality of educational and professional training and experience shall be considered in determining the number of years of such training and experience with which each candidate for appointment may be credited.

[25 FR 5184, June 10, 1960)

$21.28 Age requirements, Regular

Corps, senior assistant grade and

below. No candidate for appointment to the Regular Corps, except in the nurse category, shall be appointed (a) after age 31 to the permanent junior assistant grade, (b) after age 34 to the permanent assistant grade, or (c) after age 37 to the permanent senior assistant grade: Provided, That the Surgeon General may waive these age limitations, subject to other provisions of law, in the case of any officer of the Reserve Corps who is recommended for appointment to the Regular Corps by the Chief of the Bureau to which he is assigned and who has been on continuous active duty for at least two years immediately preceding the date of such recommendation. The age limitations for candidates who have had prior active service in the Commissioned Corps of the Public Health Service shall be increased by the period of such service. [27 FR 3886, Apr. 24, 1962]

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$ 21.29 Eligibility; grades above senior

assistant grade. Every candidate for examination for appointment in grades above that of senior assistant shall meet the requirements for eligibility for examination for appointment in the grade of senior assistant. Candidates for examination for appointment in the full, senior, or director grade shall have completed at least 7, 14, or 15 additional years, respectively, of postgraduate professional training for experience. When officers of the Service are unavailable for the performance of duties requiring highly specialized training and experience in special fields related to public health, the Surgeon General may specify that a candidate for appointment to the Regular Corps with such highly specialized training and experience shall be examined for appointment in the full or senior grade upon completion of at least 5 or 12 additional years, respectively, of postgraduate professional training or experience, except that the total number of such appointments during a fiscal year shall not exceed three. [21 FR 9806, Dec. 12, 1956. Redesignated at 25 FR 5184, June 10, 1960)

$21.32 Boards; appointment of; powers

and duties. The Surgeon General shall from time to time appoint boards and subboards of officers to consider the qualifications of candidates for appointment as officers, and shall refer to such boards the applications of those candidates who are eligible for examination for appointment. Such boards and subboards shall consist of three or more officers, the majority of whom, so far as practicable, shall be of the same profession as the candidate. The Surgeon General shall prescribe the duties of boards and subboards in relation to the examination process not otherwise prescribed in this subpart. [21 FR 9806, Dec. 12, 1956. Redesignated at 25 FR 5184, June 10, 1960)

$ 21.33 General service.

Officers shall be appointed only to general service and shall be subject to change of station. [21 FR 9806, Dec. 12, 1956. Redesignated at 25 FR 5184, June 10, 1960)

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