80 FR 37565 - Rules of Practice in Proceedings Relative to Debarment From Contracting
POSTAL SERVICE Federal Register Volume 80, Issue 126 (July 1, 2015)
Federal Register Volume 80, Issue 126 (July 1, 2015)
| Page Range | 37565-37567 | |
| FR Document | 2015-16143 |
[Federal Register Volume 80, Number 126 (Wednesday, July 1, 2015)] [Proposed Rules] [Pages 37565-37567] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-16143] ======================================================================= ----------------------------------------------------------------------- POSTAL SERVICE 39 CFR Part 957 Rules of Practice in Proceedings Relative to Debarment From Contracting AGENCY: Postal Service. ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: This document requests comments regarding a revision of the rules for proceedings in which the Judicial Officer Department conducts fact-finding relative to debarments. The revised rules of procedure would completely replace and supersede the prior rules. DATES: Comments must be received on or before July 31, 2015. ADDRESSES: Judicial Officer Department, United States Postal Service, 2101 Wilson Boulevard, Suite 600, Arlington, VA 22201-3078. FOR FURTHER INFORMATION CONTACT: Associate Judicial Officer Gary E. Shapiro, (703) 812-1910. SUPPLEMENTARY INFORMATION: The rules governing the Judicial Officer's role regarding Postal Service debarments are set forth in 39 CFR part 957. The proposed rules would completely replace the former rules of this part. In 2007, the Postal Service changed its procurement regulations regarding suspension and debarment from contracting. See 72 FR 58252 (October 15, 2007). Whereas prior to that change, the Judicial Officer conducted hearings and rendered final agency decisions regarding suspension and debarment from contracting, the revised procurement regulations at 39 CFR 601.113 eliminated any role of the Judicial Officer from suspensions, and reserved final agency action regarding debarments to the Vice President, Supply Management. The remaining role of the Judicial Officer relative to debarment from contracting is set forth in paragraphs (g)(2) and (h)(2) of Sec. 601.113. Those paragraphs provide that the Vice President, Supply Management, may request the Judicial Officer to conduct fact-finding hearings to resolve questions of material facts involving a debarment, and will consider those findings when deciding the matter. Under paragraph (h)(2) of Sec. 601.113, fact-finding hearings will be governed by rules of procedure promulgated by the Judicial Officer. These rules of procedure satisfy that requirement. List of Subjects in 39 CFR Part 957 Administrative practice and procedure, Government contracts. Accordingly, for the reasons stated, the Postal Service proposes to revise 39 CFR part 957 to read as follows: PART 957--RULES OF PRACTICE IN PROCEEDINGS RELATIVE TO DEBARMENT FROM CONTRACTING Sec. 957.1 Authority for rules. 957.2 Scope of rules. 957.3 Definitions. 957.4 Authority of the Hearing Officer. 957.5 Case initiation. 957.6 Filing documents for the record. 957.7 Failure to appear at the hearing. 957.8 Hearings. 957.9 Appearances. 957.10 Conduct of the hearing. 957.11 Witness fees. 957.12 Transcript. 957.13 Proposed findings of fact. 957.14 Findings of fact. 957.15 Computation of time. 957.16 Official record. 957.17 Public information. 957.18 Ex parte communications. Authority: 39 U.S.C. 204, 401. Sec. 957.1 Authority for rules. The rules in this part are issued by the Judicial Officer of the Postal Service pursuant to authority delegated by the Postmaster General (39 U.S.C. 204, 401). Sec. 957.2 Scope of rules. The rules in this part apply to proceedings initiated pursuant to paragraphs (g)(2) or (h)(2) of Sec. 601.113 of this chapter. Sec. 957.3 Definitions. (a) Vice President means the Vice President, Supply Management, or the Vice President's representative for the purpose of carrying out the provisions of Sec. 601.113 of this chapter. (b) General Counsel includes the Postal Service's General Counsel and any designated representative within the Office of the General Counsel. (c) Judicial Officer includes the Postal Service's Judicial Officer, Associate Judicial Officer, and Acting Judicial Officer. (d) Debarment has the meaning given by paragraph (b)(2) of Sec. 601.113 of this chapter. (e) Respondent means any individual, firm or other entity which has been served a written notice of proposed debarment pursuant to paragraph (h), or which previously has been debarred, as provided in paragraph (g)(2) of Sec. 601.113 of this chapter. (f) Hearing Officer means the judge assigned to the case by the Judicial Officer. The Hearing Officer may be the Judicial Officer, Associate Judicial Officer, Administrative Law Judge or an Administrative Judge who is a member of the Postal Service Board of Contract Appeals. (g) Recorder means the Recorder of the Judicial Officer Department of the United States Postal Service, 2101 Wilson Boulevard, Suite 600, Arlington, VA 22201-3078. The Recorder's telephone number is (703) 812- 1900, fax number is (703) 812-1901, and the Judicial Officer's Web site is http://www.about.usps.com/who-we-are/judicial/welcome.htm. Sec. 957.4 Authority of the Hearing Officer. The Hearing Officer's authority includes, but is not limited to, the following: [[Page 37566]] (a) Ruling on all motions or requests by the parties. (b) Issuing notices, orders or memoranda to the parties concerning the hearing proceedings. (c) Conducting conferences with the parties. The Hearing Officer will prepare a Memorandum of Conference, which will be transmitted to both parties and which serves as the official record of that conference. (d) Determining whether an oral hearing will be conducted, and setting the place, date, and time for such a hearing. (e) Administering oaths or affirmations to witnesses. (f) Conducting the proceedings and the hearing in a manner to maintain discipline and decorum while ensuring that relevant, reliable and probative evidence is elicited, but irrelevant, immaterial or repetitious evidence is excluded. The Hearing Officer in his or her discretion may examine witnesses to ensure that a satisfactory record is developed. (g) Establishing the record. The weight to be attached to evidence will rest within the discretion of the Hearing Officer. Except as the Hearing Officer may otherwise order, no proof shall be received in evidence after completion of a hearing. The Hearing Officer may require either party, with appropriate notice to the other party, to submit additional evidence on any relevant matter. (h) Granting reasonable time extensions or other relief for good cause shown, in the Hearing Officer's sole discretion. (i) Issuing findings of fact. The Hearing Officer will issue findings of fact to the Vice President within 30 days from the close of the record, to the extent practicable. Sec. 957.5 Case initiation. (a) Upon receipt of a request or referral from the Vice President, the Recorder will docket a case under this Part. Following docketing, the Judicial Officer will assign a Hearing Officer. The Hearing Officer will establish the schedule for the proceeding, perform all judicial duties under this Part and render Findings of Fact. Whenever practicable, a hearing should be conducted within 30 days of the date of docketing. (b) The request or referral from the Vice President shall include the notice of proposed debarment and the information or argument submitted by the Respondent pursuant to paragraphs (g) or (h) of Sec. 601.113 of this chapter. Sec. 957.6 Filing documents for the record. The parties shall file documents, permitted by the rules in this part or required by the Hearing Officer, in the Judicial Officer Department's electronic filing system. The Web site for electronic filing is https://uspsjoe.justware.com/justiceweb. Documents submitted using that system are considered filed as of the date and time (Eastern Time) reflected in the system. Orders issued by the Hearing Officer shall be considered received by the parties on the date posted to the electronic filing system. Sec. 957.7 Failure to appear at the hearing. If a party fails to appear at the hearing, the Hearing Officer may proceed with the hearing, receive evidence and issue findings of fact without requirement of further notice to the absent party. Sec. 957.8 Hearings. Hearings ordinarily will be conducted in the Judicial Officer Department courtroom at 2101 Wilson Boulevard, Suite 600, Arlington, VA 22201-3078. However, the Hearing Officer, in his or her discretion, may order the hearing to be conducted at another location, or by another means such as by video. Sec. 957.9 Appearances. (a) An individual Respondent may appear in his or her own behalf, a corporation may appear by an officer thereof, a partnership or joint venture may appear by a member thereof, or any of these may appear by a licensed attorney. (b) After a request for a hearing has been filed pursuant to the rules in this part, the General Counsel shall designate a licensed attorney as counsel assigned to handle the case. (c) All counsel, or a self-represented Respondent, shall register in the electronic filing system, and request to be added to the case. Counsel also promptly shall file notices of appearance. (d) An attorney for any party who has filed a notice of appearance and who wishes to withdraw must file a motion requesting withdrawal, explaining the reasons supporting the motion, and identifying the name, email address, mailing address, telephone number, and fax number of the person who will assume responsibility for representation of the party in question. Sec. 957.10 Conduct of the hearing. The Hearing Officer may approve or disapprove witnesses in his or her discretion. All testimony will be taken under oath or affirmation, and subject to cross-examination. The Hearing Officer may exclude evidence to avoid unfair prejudice, confusion of the issues, undue delay, waste of time, or presentation of irrelevant, immaterial or cumulative evidence. Although the Hearing Officer will consider the Federal Rules of Evidence for guidance regarding admissibility of evidence and other evidentiary issues, he or she is not bound by those rules. The weight to be attached to evidence presented in any particular form will be within the discretion of the Hearing Officer, taking into consideration all the circumstances of the particular case. Stipulations of fact agreed upon by the parties may be accepted as evidence at the hearing. The parties may stipulate the testimony that would be given by a witness if the witness were present. The Hearing Officer may in any case require evidence in addition to that offered by the parties. A party requiring the use of a foreign language interpreter allowing testimony to be taken in English for itself or witnesses it proffers is responsible for making all necessary arrangements and paying all costs and expenses associated with the use of an interpreter. Sec. 957.11 Witness fees. Each party is responsible for the fees and costs for its own witnesses. Sec. 957.12 Transcript. Testimony and argument at hearings shall be reported verbatim, unless the Hearing Officer otherwise orders. Transcripts of the proceedings will be made available or provided to the parties. Sec. 957.13 Proposed findings of fact. (a) The Hearing Officer may direct the parties to submit proposed findings of fact and supporting explanations within 15 days after the delivery of the official transcript to the Recorder who shall notify both parties of the date of its receipt. The filing date for proposed findings shall be the same for both parties. (b) Proposed findings of fact shall be set forth in numbered paragraphs and shall state with particularity all evidentiary facts in the record with appropriate citations to the transcript or exhibits supporting the proposed findings. Sec. 957.14 Findings of fact. The Hearing Officer shall issue written findings of fact, and transmit them to the Vice President. Copies will be sent to the parties. [[Page 37567]] Sec. 957.15 Computation of time. A designated period of time under the rules in this part excludes the day the period begins, and includes the last day of the period unless the last day is a Saturday, Sunday, or legal holiday, in which event the period runs until the close of business on the next business day. Sec. 957.16 Official record. The transcript of testimony together with all pleadings, orders, exhibits, briefs, and other documents filed in the proceeding shall constitute the official record of the proceeding. Sec. 957.17 Public information. The Postal Service shall maintain for public inspection copies of all findings of fact issued under this Part, and make them available through the Postal Service Web site. The Recorder maintains the complete official record of every proceeding. Sec. 957.18 Ex parte communications. The provisions of 5 U.S.C. 551(14), 556(d), and 557(d) prohibiting ex parte communications are made applicable to proceedings under these rules of practice. Stanley F. Mires, Attorney, Federal Compliance. [FR Doc. 2015-16143 Filed 6-30-15; 8:45 am] BILLING CODE 7710-12-P
![Federal Register / Vol. 80, No. 126 / Wednesday, July 1, 2015 / Proposed Rules 37565
undesignated center heading Eighth completely replace and supersede the 957.9 Appearances.
Coast Guard District, to read as follows: prior rules. 957.10 Conduct of the hearing.
957.11 Witness fees.
DATES: Comments must be received on
§ 165.T08–0332 Safety Zone; Allegheny 957.12 Transcript.
River between mile 0.0 and 1.4; Pittsburgh, or before July 31, 2015. 957.13 Proposed findings of fact.
PA. ADDRESSES: Judicial Officer Department, 957.14 Findings of fact.
(a) Locations. The following area is a United States Postal Service, 2101 957.15 Computation of time.
Wilson Boulevard, Suite 600, Arlington, 957.16 Official record.
temporary safety zone: All waters on the 957.17 Public information.
Allegheny River mile 0.0 to mile 1.4. VA 22201–3078.
957.18 Ex parte communications.
(b) Effective date and time. The safety FOR FURTHER INFORMATION CONTACT:
Associate Judicial Officer Gary E. Authority: 39 U.S.C. 204, 401.
zone listed in section (a) is effective
from 5:45 a.m. to 8:45 a.m. on August Shapiro, (703) 812–1910. § 957.1 Authority for rules.
8, 2015 and August 9, 2015. SUPPLEMENTARY INFORMATION: The rules The rules in this part are issued by the
(c) Regulations. (1) In accordance with governing the Judicial Officer’s role Judicial Officer of the Postal Service
the general regulations in § 165.23 of regarding Postal Service debarments are pursuant to authority delegated by the
this part, entry into this area is set forth in 39 CFR part 957. The Postmaster General (39 U.S.C. 204, 401).
prohibited unless authorized by the proposed rules would completely
Captain of the Port (COTP) Pittsburgh or replace the former rules of this part. § 957.2 Scope of rules.
a designated representative. In 2007, the Postal Service changed its The rules in this part apply to
(2) Spectator vessels may safely procurement regulations regarding proceedings initiated pursuant to
transit outside the safety zones at a suspension and debarment from paragraphs (g)(2) or (h)(2) of § 601.113 of
minimum safe speed, but may not contracting. See 72 FR 58252 (October this chapter.
anchor, block, loiter, or impede 15, 2007). Whereas prior to that change, § 957.3 Definitions.
participants or official patrol vessels. the Judicial Officer conducted hearings
(3) Vessels requiring entry into or and rendered final agency decisions (a) Vice President means the Vice
passage through the safety zones must regarding suspension and debarment President, Supply Management, or the
request permission from the COTP Vice President’s representative for the
from contracting, the revised
Pittsburgh or a designated purpose of carrying out the provisions
procurement regulations at 39 CFR
representative. They may be contacted of § 601.113 of this chapter.
601.113 eliminated any role of the (b) General Counsel includes the
by telephone at (412) 412–0807. Judicial Officer from suspensions, and
(4) All vessels shall comply with the Postal Service’s General Counsel and
reserved final agency action regarding any designated representative within
instructions of the COTP Pittsburgh and debarments to the Vice President, the Office of the General Counsel.
designated personnel. Designated Supply Management. The remaining (c) Judicial Officer includes the Postal
personnel include commissioned, role of the Judicial Officer relative to Service’s Judicial Officer, Associate
warrant, and petty officers of the U.S. debarment from contracting is set forth Judicial Officer, and Acting Judicial
Coast Guard. in paragraphs (g)(2) and (h)(2) of Officer.
(d) Informational Broadcasts: The § 601.113. Those paragraphs provide (d) Debarment has the meaning given
Captain of the Port, Pittsburgh or a that the Vice President, Supply by paragraph (b)(2) of § 601.113 of this
designated representative will inform Management, may request the Judicial chapter.
the public through broadcast notices to Officer to conduct fact-finding hearings (e) Respondent means any individual,
mariners (BNM) of the effective period to resolve questions of material facts firm or other entity which has been
for the safety zone and of any changes involving a debarment, and will served a written notice of proposed
in the effective period, enforcement consider those findings when deciding debarment pursuant to paragraph (h), or
times, or size of the safety zones. the matter. Under paragraph (h)(2) of which previously has been debarred, as
Dated: June 10, 2015. § 601.113, fact-finding hearings will be provided in paragraph (g)(2) of
L. N. Weaver, governed by rules of procedure § 601.113 of this chapter.
Commander, U.S. Coast Guard, Captain of promulgated by the Judicial Officer. (f) Hearing Officer means the judge
the Port Pittsburgh. These rules of procedure satisfy that assigned to the case by the Judicial
[FR Doc. 2015–16258 Filed 6–30–15; 8:45 am]
requirement. Officer. The Hearing Officer may be the
Judicial Officer, Associate Judicial
BILLING CODE 9110–04–P List of Subjects in 39 CFR Part 957
Officer, Administrative Law Judge or an
Administrative practice and Administrative Judge who is a member
procedure, Government contracts. of the Postal Service Board of Contract
POSTAL SERVICE Appeals.
Accordingly, for the reasons stated,
39 CFR Part 957 the Postal Service proposes to revise 39 (g) Recorder means the Recorder of
CFR part 957 to read as follows: the Judicial Officer Department of the
Rules of Practice in Proceedings United States Postal Service, 2101
Relative to Debarment From PART 957—RULES OF PRACTICE IN Wilson Boulevard, Suite 600, Arlington,
Contracting PROCEEDINGS RELATIVE TO VA 22201–3078. The Recorder’s
DEBARMENT FROM CONTRACTING telephone number is (703) 812–1900,
AGENCY: Postal Service. fax number is (703) 812–1901, and the
Sec.
tkelley on DSK3SPTVN1PROD with PROPOSALS
ACTION: Proposed rule. 957.1 Authority for rules.
Judicial Officer’s Web site is http://
957.2 Scope of rules. www.about.usps.com/who-we-are/
SUMMARY: This document requests judicial/welcome.htm.
957.3 Definitions.
comments regarding a revision of the 957.4 Authority of the Hearing Officer.
rules for proceedings in which the § 957.4 Authority of the Hearing Officer.
957.5 Case initiation.
Judicial Officer Department conducts 957.6 Filing documents for the record. The Hearing Officer’s authority
fact-finding relative to debarments. The 957.7 Failure to appear at the hearing. includes, but is not limited to, the
revised rules of procedure would 957.8 Hearings. following:
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![Federal Register / Vol. 80, No. 126 / Wednesday, July 1, 2015 / Proposed Rules 37567
§ 957.15 Computation of time. A. Background PART 961—RULES OF PRACTICE IN
A designated period of time under the PROCEEDINGS UNDER SECTION 5 OF
The Judicial Officer Department THE DEBT COLLECTION ACT
rules in this part excludes the day the recently implemented an electronic
period begins, and includes the last day filing system. Changes to the rules of ■ 1. The authority citation for 39 CFR
of the period unless the last day is a practice concerning debt collection part 961 continues to read as follows:
Saturday, Sunday, or legal holiday, in proceedings against current and former
which event the period runs until the Authority: 39 U.S.C. 204, 401; 5 U.S.C.
postal employees (39 CFR parts 961 and 5514.
close of business on the next business 966, respectively) are necessary to
day. ■ 2. In § 961.4, revise the first sentence
accommodate the new system, and to of paragraph (a), and add a sentence at
§ 957.16 Official record. establish rules relative to that system. the beginning of paragraph (b) to read as
No other changes to the rules are follows:
The transcript of testimony together proposed.
with all pleadings, orders, exhibits, § 961.4 Employee petition for a hearing.
briefs, and other documents filed in the B. Explanation of Changes
(a) If an employee desires a hearing,
proceeding shall constitute the official Amendments to 39 CFR Part 961 prescribed by section 5 of the Debt
record of the proceeding.
Collection Act, to challenge the Postal
In § 961.4, concerning filing a Service’s determination of the existence
§ 957.17 Public information.
petition: or amount of a debt, or to challenge the
The Postal Service shall maintain for • Paragraph (a) is amended to identify involuntary repayment terms proposed
public inspection copies of all findings the internet address for the electronic by the Postal Service, the employee
of fact issued under this Part, and make filing system. must file a written petition
them available through the Postal
Service Web site. The Recorder • Paragraph (b) is amended to electronically at https://
indicate that a sample petition is uspsjoe.justware.com/justiceweb, or by
maintains the complete official record of mail at Recorder, Judicial Officer
every proceeding. available through the electronic filing
system. Department, United States Postal
§ 957.18 Ex parte communications. In § 961.6, concerning the filing, Service, 2101 Wilson Blvd., Suite 600,
docketing and serving of documents, Arlington, VA 22201–3078, on or before
The provisions of 5 U.S.C. 551(14),
paragraph (a) is amended to indicate the fifteenth (15th) calendar day
556(d), and 557(d) prohibiting ex parte
when documents submitted by parties following the receipt of the Postal
communications are made applicable to
are considered received, and to indicate Service’s ‘‘Notice of Involuntary
proceedings under these rules of
when service of documents on the Administrative Salary Offsets Under the
practice.
opposing party is required for purposes Debt Collection Act.’’ * * *
Stanley F. Mires, of the electronic filing system. (b) A sample petition is available
Attorney, Federal Compliance. through the Judicial Officer Electronic
[FR Doc. 2015–16143 Filed 6–30–15; 8:45 am]
Amendments to 39 CFR Part 966 Filing Web site (https://
uspsjoe.justware.com/justiceweb).* * *
BILLING CODE 7710–12–P In § 966.4, concerning filing a
petition: * * * * *
■ 3. Revise paragraph (a) of § 961.6 to
POSTAL SERVICE • Paragraph (c) is amended to identify read as follows:
the internet address for the electronic
39 CFR Parts 961, 966 filing system. § 961.6 Filing, docketing and serving
documents; computation of time;
• Paragraph (d) is amended to representation of parties.
Rules of Practice Before the Judicial indicate that a sample petition is
Officer (a) Filing. After a petition is filed, all
available through the electronic filing
documents relating to the Debt
system.
AGENCY: Postal Service. Collection Act hearing proceedings
In § 966.6, concerning the filing, must be filed using the electronic filing
ACTION: Proposed rule. docketing and serving of documents, system unless the Hearing Official
paragraph (a) is amended to indicate permits otherwise. Documents
SUMMARY: This document proposes to when documents submitted by parties
amend the rules of practice prescribed submitted using the electronic filing
are considered received, and to indicate system are considered filed as of the
by the Judicial Officer relative to debt when service of documents on the
collection proceedings against current date/time (Eastern Time) reflected in the
opposing party is required for purposes system. Documents mailed to the
and former postal employees. These of the electronic filing system.
amendments are necessary to Recorder are considered filed on the
implement a new electronic filing List of Subjects date mailed as evidenced by a United
system. States Postal Service postmark. Filings
39 CFR Part 961 by any other means are considered filed
DATES: Comments must be received on upon receipt by the Recorder of a
Claims, Government employees,
or before July 31, 2015. complete copy of the filing during
Wages.
ADDRESSES: Postal Service Judicial normal business hours (Normal
39 CFR Part 966
tkelley on DSK3SPTVN1PROD with PROPOSALS
Officer Department, 2101 Wilson Recorder office business hours are
Boulevard, Suite 600, Arlington, VA between 8:45 a.m. and 4:45 p.m.,
Administrative practice and
22201–3078. Eastern Time). If both parties are
procedure, Claims, Government
participating via the electronic filing
FOR FURTHER INFORMATION CONTACT: employees, Wages.
system, separate service upon the
Associate Judicial Officer Gary E. Accordingly, for the reasons stated, opposing party is not required.
Shapiro, (703) 812–1910. the Postal Service proposes to amend 39 Otherwise, documents shall be served
SUPPLEMENTARY INFORMATION: CFR parts 961 and 966 as follows: personally or by mail on the opposing
VerDate Sep<11>2014 18:04 Jun 30, 2015 Jkt 235001 PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 E:\FR\FM\01JYP1.SGM 01JYP1](https://thefederalregister.org/doc/80_FR_37691/page/3.svg)
Document Created: 2015-12-15 13:19:45
Document Modified: 2015-12-15 13:19:45
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Comments must be received on or before July 31, 2015. | |
| Contact | Associate Judicial Officer Gary E. Shapiro, (703) 812-1910. | |
| FR Citation | 80 FR 37565 | |
| CFR Associated | Administrative Practice and Procedure and Government Contracts |
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