904.1003 904.1004

claims, including certain

904.406 Table II.

CLAIMS UNDER THE CONTRACT SETTLEMENT ACT OF 1944

Claims under section 17.

claims under section 17b. Approval or denial of claims. Appeals.

AUTHORITY: §§ 904.101 to 904.1004, appearing in this Supplement, issued under sec. 2 (a), 54 Stat. 676, as amended by 55 Stat. 236, 56 Stat. 176, 58 Stat. 827, 59 Stat. 658, Pub. Laws 388 and 475, 79th Cong., 60 Stat. 207, 345; 41 U.S.C. Prec. § 1 note, 50 U.S.C. App. Sup., 1152, 633. E.O. 9024, Jan. 16, 1942, E.O. 9040, Jan. 24, 1942, E.O. 9125, Apr. 7, 1942, E.O. 9599, Aug. 18, 1945, E.O. 9638, Oct. 4, 1945, 3 CFR, Supps.; C.P.A. Reg. 1, Nov. 5, 1945, 32 CFR, Supps., 944.1-944.20; Housing Expediter's Priority Order 1, Aug. 27, 1946, § 4700.1 of this chapter.

METHODS AND PROCEDURES FOR ISSUANCE OF CPA ORDERS AND REGULATIONS

SOURCE: §§ 904.101 to 904.1004, inclusive, contained in Procedural Document 1, Civilian Production Administration, Aug. 28, 1946, effective Sept. 11, 1946, 11 F.R. 177A-379.

§ 904.101 Scope. This document describes the general course and method which the Civilian Production Administration uses in the preparation, clearance, and issuance of orders and regulations, issued under the priorities and allocation powers.

§ 904.102. Initiation of requests for policy decisions or orders and regulations. (a) Each division of the Bureau of Industry Operations, upon detecting reconversion problems within its industry, proposes remedial measures. These

remedial measures may be designed to direct the distribution of available supplies of short materials, or they may be designed to stimulate the production of such materials.

(b) The appropriate division of the Bureau of Priorities initiates priorities regulations, regulations establishing policy, plans, and general methods of implementation of actions under the priorities system and other regulations applicable to more than one industry for controlling the distribution of materials, for scheduling production of deliveries of products when necessary and for controlling inventories.

904.103 Procedure. (a) The following steps outline the procedure which is usually followed by CPA in making policy decisions, and in considering whether to issue an order or regulation.

(1) The division or bureau director initiating an order or regulation consults with appropriate officials in CPA and other Federal agencies who can render useful service and advice. Budget and procedural implications of orders and regulations are considered before the order or regulation is submitted for is

suance.

(2) If a proposed order or regulation will result in a substantial change in the rate of operations of an industry and security regulations permit, it is generally submitted to the appropriate industry advisory committee for advice.

(3) The Controls Readjustment Division, to which a draft of the proposed order or regulation is submitted with a full justification of its necessity, distributes copies of the proposal to all interested persons within CPA and within other cooperating Government agencies for examination of its impact on the products or special functions within their jurisdiction.

(4) The Office of Economic Review and Analysis may prepare a report of the production and distribution situation including an analysis of the factors creating the problem and recommendations for action by CPA or other Government agencies.

(5) The initiating division or office studies the suggestions made, incorporating those which it believes relevant, and summarizes all unresolved issues.

(6) The proposal, together with the statement of unresolved issues, is presented to the Clearance Committee or

the Priorities Policy Committee whose members represent all parts of CPA and all cooperating Government agencies.

(7) The Clearance or Priorities Policy Committee reviews the proposal for conformity to CPA policy, necessity for the proposed action, and whether the proposed action is the most effective means of accomplishing the desired result.

(8) The Chairman of the Priorities Policy Committee or the Chairman of the Clearance Committee recommends to the Director of the Bureau of Priorities the action CPA should take. If it is decided that a proposed order or regulation should be issued, it is attested by the Recording Secretary, filed and published in the FEDERAL REGISTER.

§ 904.104 Interpretations and explanations of orders and regulations. After orders and regulations have been issued as described above, interpretations of them are issued only in accordance with the rules stated in CPA Regulation 3 (§ 903.02 of this chapter) and have the effect stated in that regulation.

METHODS AND PROCEDURES GOVERNING APPLICATIONS FOR ADMINISTRATIVE ACTION, OR APPEALS FROM SUCH ACTION

SOURCE: §§ 904.201 to 904.205, inclusive, contained in Procedural Document 2, Civilian Production Administration, Aug. 28, 1946, effective Sept. 11, 1946, 11 F.R. 177A-380.

§ 904.201 Scope. §§ 904.201 to 904,205, inclusive, describe the general procedures followed by the Civilian Production Administration in handling applications under priorities and allocation orders and regulations. Other documents may provide rules for special cases.

§ 904.202 Basis for applications. The Civilian Production Administration generally exercises its priorities and allocation powers through orders and regulations. These orders which in general restrict or control the use or distribution of materials or products, or provide for the granting of priorities assistance, are designed to accomplish the objective of the Agency in the reconversion program.

The orders or regulations specify the manner in which an individual must apply to obtain the benefits granted by the orders or relief from the restrictions imposed by the orders.

All Civilian Production Administration orders and regulations are published in the FEDERAL REGISTER and in addition Procedural Document No. 4 (§§ 904.401 to

904.406) includes the procedure governing the submission of applications.

§ 904.203 Processing of applications. (a) Consideration of applications within the Civilian Production Administration includes a comparison of the applicant's stated position with the criteria of the relevant order or regulation.

(b) An administrator of an order, regulation or program has general responsibility for processing all requests for action under it. The administrator is usually a member of the operating division in the Civilian Production Administration which is responsible for the product, material, or activity covered by the order or regulation. He is advised by other offices having an interest in the material, product requested, or in the activity in which the applicant is engaged. The administrator is responsible for securing uniformity of administrative action under the order, regulation, or program he is administering.

(c) Section 4700.1 of this chapter, limiting construction, is administered both in Washington and the field and applications under it are handled as follows:

The Civilian Production Administration field construction offices receive all construction applications, except housing and farm ones, which are handled by the National Housing Agency and the Department of Agriculture, respectively. The Civilian Production Administration field construction offices have authority to take action on applications within certain limits. In considering such cases a field office is usually advised by a local construction committee whose chairman is a Civilian Production Administration employee and whose membership is representative of the major interests of the community. Cases which the field offices have no authority to process and appeals from actions taken in the field are forwarded to the Project Processing Division in the Bureau of Construction and Field Operations in Washington. That Division in turn handles certain cases and refers others to the Facilities Review Committee. This committee is advisory to its Chairman and considers all cases referred to it, including appeals not approved by the Project Processing Division. Section 903.211 of Organizational Document No. 1 provides further information on handling of cases under § 4700.1 of this chapter.

§ 904.204 Grants and denials of applications. As provided in Civilian Production Administration Regulation 1, (§ 903.0 of this chapter) the grant or denial of any application for administrative action under a priorities order or regulation is valid only when issued by the Administrator of the Civilian Production Administration or in the name of the Civilian Production Administration countersigned or attested by the Recording Secretary.

§ 904.205 Reconsiderations and appeals. An applicant may request that a Civilian Production Administration action taken with respect to him be reconsidered. Generally such a request should be filed where the original application was filed except as otherwise provided. When requests are based on a claim of exceptional and unreasonable hardship or discrimination they are handled as appeals under Priorities Regulation 16.1 That regulation explains when a person may have his case considered by the Appeals Board whose decision is final.

APPLICATIONS, FORMS AND REPORTS

SOURCE: §§ 904.401 to 904.406, inclusive, contained in Procedural Document 4, Civilian Production Administration, Aug. 28, 1946, effective Sept. 11, 1946, 11 F.R. 177A-380, 12844, 13298, except as noted following provision affected.

§ 904.401 Reporting and application requirements in orders and regulations. Orders and regulations of the Civilian Production Administration may provide for the filing of applications and reports. Where a specific CPA printed form is to be used, the order or regulation identifies it by CPA form number. However, in many cases a specific form is not prepared and the order or regulation itself contains the reporting requirements. A frequent example of this is a provision to the effect that where the terms of an order cause unreasonable hardship, a person may request relief by letter.

As explained in Priorities Regulation 8 (§ 944.29 of this chapter) where a published CPA order or regulation requires the filing of a report by a specified class, every person belonging to that class must file the report in accordance with applicable instructions.

1 For tabulation of Priorities Regulation 16, see Appendix to this chapter.

$904.402 Other reporting requirements. The Civilian Production Administration may also require reports which are not specified in an order or a regulation. Priorities Regulation 8 (§ 944.29 of this chapter) provides that such a report must be submitted by a person who receives written notice to do so in either of the following ways: (1) A letter or other written instrument specifically addressed to him issued in the name of the Civilian Production Administration, countersigned or attested by the Recording Secretary, or in accordance with CPA Regulation No. 1 (§ 903.0 of this chapter); or (2) a report form or instruction sheet with an official form number in the "CPA" series bearing his name or enclosed in an envelope specifically addressed to him.

§ 904.403 Printed forms. All printed applications or other forms carry on the form (or on separately printed instructions) the form number, the date issued

or last revised, the title of the form, the related order or regulation, if any, where and when to file it, the number of copies required and other pertinent items of instruction. All printed CPA forms are stocked in the Washington office of the Civilian Production Administration; selected forms are stocked in the Civilian Production Administration Field Construction Offices and in the Department of Commerce Field Offices. These forms are listed numerically in § 904.406 Table II below.

§ 904.404 Other applications and reports. Where an order or a regulation provides for filing an application or a report but not on a printed CPA form, the order indicates the contents of the reporting requirements, the place and date of filing and the number of copies which should be sent. These requirements are listed in § 904.406 Table II below.