80_FR_55946 80 FR 55766 - Rules of Practice Before the Judicial Officer

80 FR 55766 - Rules of Practice Before the Judicial Officer

POSTAL SERVICE

Federal Register Volume 80, Issue 180 (September 17, 2015)

Page Range55766-55768
FR Document2015-23314

This document contains the final revisions to the rules of practice before the Judicial Officer in proceedings relative to debarment from contracting.

Federal Register, Volume 80 Issue 180 (Thursday, September 17, 2015)
[Federal Register Volume 80, Number 180 (Thursday, September 17, 2015)]
[Rules and Regulations]
[Pages 55766-55768]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-23314]


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POSTAL SERVICE

39 CFR Part 957


Rules of Practice Before the Judicial Officer

AGENCY: Postal Service.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This document contains the final revisions to the rules of 
practice before the Judicial Officer in proceedings relative to 
debarment from contracting.

DATES: Effective: September 17, 2015.

ADDRESSES: Written inquiries may be directed to: Postal Service 
Judicial Officer Department, 2101 Wilson Boulevard, Suite 600, 
Arlington, VA 22201-3078.

FOR FURTHER INFORMATION CONTACT: Associate Judicial Officer Gary E. 
Shapiro, (703) 812-1910.

SUPPLEMENTARY INFORMATION:

A. Executive Summary

    On July 1, 2015, the Judicial Officer Department published for 
comment proposed revisions to the rules of practice before the Judicial 
Officer for proceedings relative to debarment from contracting (80 FR 
37565-7). The period for comments closed on July 31, 2015, and no 
comments were received. The Judicial Officer has made no further 
revisions to the original proposed rules, which are adopted as final. 
The new rules completely replace the former rules of 39 CFR part 957.

[[Page 55767]]

B. Background

    The rules of practice in proceedings relative to debarment from 
contracting are set forth in 39 CFR part 957. This authority is 
delegated by the Postmaster General. The rules are being changed to 
effectuate the Postal Service's present debarment procedures, at 39 CFR 
part 601, and the Judicial Officer's role in those procedures.
    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 new 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 revises 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 subchapter.


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 subchapter.
    (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 subchapter.
    (e) Respondent means any individual, firm or other entity which has 
been served a written notice of proposed debarment pursuant to Sec.  
601.113(h), or which previously has been debarred, as provided in Sec.  
601.113(g)(2) of this subchapter.
    (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:
    (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 subchapter.


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.

[[Page 55768]]

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.


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. 2015-23314 Filed 9-16-15; 8:45 am]
BILLING CODE 7710-12-P



                                            55766            Federal Register / Vol. 80, No. 180 / Thursday, September 17, 2015 / Rules and Regulations

                                              (3)(i) All technology grant recipients,                based on the scoring criteria in                      to the grant program authorized by 38
                                            including individuals and entities                       paragraph (f)(2) of this section.                     U.S.C. 2108:
                                            formed as for-profit entities, will be                   Although there is not a cap on the                      (i) Under Secretary for Benefits.
                                            subject to the rules on Uniform                          maximum aggregate score possible, a                     (ii) Deputy Under Secretary for
                                            Administrative Requirements for Grants                   technology grant application must                     Economic Opportunity.
                                            and Agreements With Institutions of                      receive a minimum aggregate score of 70                 (iii) Director, Loan Guaranty Service.
                                            Higher Education, Hospitals, and Other                   points to be considered for a technology                (iv) Deputy Director, Loan Guaranty
                                            Non-Profit Organizations, as found at 2                  grant.                                                Service.
                                            CFR part 200.                                               (2) The scoring criteria and maximum                 (2) [Reserved]
                                              (ii) Where the Secretary determines                    points are as follows:                                  (j) Miscellaneous. (1) The grant
                                            that 2 CFR part 200 is not applicable or                    (i) A description of how the new                   offered by this chapter is not a veterans’
                                            where the Secretary determines that                      assistive technology is innovative (up to             benefit. As such, the decisions of the
                                            additional requirements are necessary                    50 points);                                           Secretary are final and not subject to the
                                            due to the uniqueness of a situation, the                   (ii) An explanation of how the new                 same appeal rights as decisions related
                                            Secretary will apply the same standard                   assistive technology will meet a                      to veterans’ benefits.
                                            applicable to exceptions under 2 CFR                     specific, unmet need among eligible                     (2) The Secretary does not have a duty
                                            200.102.                                                 individuals (up to 50 points);                        to assist technology grant applicants in
                                              (b) Definitions. To supplement the                        (iii) An explanation of how the new                obtaining a grant.
                                            definitions contained in § 36.4401, the                  assistive technology is specifically
                                                                                                     designed to promote the ability of                    (Authority: 38 U.S.C. 2108)
                                            following terms are herein defined for
                                            purposes of this section:                                eligible individuals to live more                     (The Office of Management and Budget has
                                              (1) A technology grant applicant is a                  independently (up to 30 points);                      approved the information collection
                                                                                                        (iv) A description of the new assistive            requirements in this section under control
                                            person or entity that applies for a grant                                                                      numbers 4040–0004 and 2900–0821.)
                                            pursuant to 38 U.S.C. 2108 and this                      technology’s concept, size, and scope
                                                                                                     (up to 30 points);                                    [FR Doc. 2015–23280 Filed 9–16–15; 8:45 am]
                                            section to develop new assistive
                                            technology or technologies for specially                    (v) An implementation plan with                    BILLING CODE 8320–01–P

                                            adapted housing.                                         major milestones for bringing the new
                                              (2) A new assistive technology is an                   assistive technology into production
                                            advancement that the Secretary                           and to the market. Such milestones
                                            determines could aid or enhance the                      must be meaningful and achievable                     POSTAL SERVICE
                                            ability of an eligible individual, as                    within a specific timeframe (up to 30
                                                                                                     points); and                                          39 CFR Part 957
                                            defined in 38 CFR 36.4401, to live in an
                                            adapted home.                                               (vi) An explanation of what uniquely
                                                                                                                                                           Rules of Practice Before the Judicial
                                              (c) Grant application solicitation. As                 positions the technology grant applicant
                                                                                                                                                           Officer
                                            funds are available for the program, VA                  in the marketplace. This can include a
                                            will publish in the Federal Register a                   focus on characteristics such as the                  AGENCY:    Postal Service.
                                            Notice of Funds Availability (NoFA),                     economic reliability of the technology                ACTION:   Final rule.
                                            soliciting applications for the grant                    grant applicant, the technology grant
                                            program and providing information on                     applicant’s status as a minority or                   SUMMARY:   This document contains the
                                            applications.                                            veteran-owned business, or other                      final revisions to the rules of practice
                                              (d) Application process and                            characteristics that the technology grant             before the Judicial Officer in
                                            requirements. Upon publication of the                    applicant wants to include to show how                proceedings relative to debarment from
                                            NoFA, a technology grant applicant                       it will help protect the interests of, or             contracting.
                                            must submit an application to the                        further the mission of, VA and the                    DATES: Effective: September 17, 2015.
                                            Secretary via www.Grants.gov.                            program (up to 20 points).
                                                                                                                                                           ADDRESSES: Written inquiries may be
                                            Applications must consist of the                            (g) Application deadlines. Deadlines
                                                                                                     for technology grant applications will be             directed to: Postal Service Judicial
                                            following:                                                                                                     Officer Department, 2101 Wilson
                                              (1) Standard Form 424 (Application                     established in the NoFA.
                                                                                                        (h) Awards process. Decisions for                  Boulevard, Suite 600, Arlington, VA
                                            for Federal Assistance) with the box                                                                           22201–3078.
                                            labeled ‘‘application’’ marked;                          awarding technology grants under this
                                              (2) VA Form 26–0967 (Certification                     section will be made in accordance with               FOR FURTHER INFORMATION CONTACT:
                                            Regarding Debarment, Suspension,                         guidelines (covering such issues as                   Associate Judicial Officer Gary E.
                                            Ineligibility and Voluntary Exclusion) to                timing and method of notification)                    Shapiro, (703) 812–1910.
                                            ensure that the technology grant                         described in the NoFA. The Secretary                  SUPPLEMENTARY INFORMATION:
                                            applicant has not been debarred or                       will provide written approvals, denials,
                                                                                                                                                           A. Executive Summary
                                            suspended and is eligible to participate                 or requests for additional information.
                                            in the VA grant process and receive                      The Secretary will conduct periodic                     On July 1, 2015, the Judicial Officer
                                            Federal funds;                                           audits of all approved grants under this              Department published for comment
                                              (3) Statements addressing the scoring                  program to ensure that the actual project             proposed revisions to the rules of
                                            criteria in paragraph (f) of this section;               size and scope are consistent with those              practice before the Judicial Officer for
                                            and                                                      outlined in the proposal and that                     proceedings relative to debarment from
                                              (4) Any additional information as                      established milestones are achieved.                  contracting (80 FR 37565–7). The period
                                            deemed appropriate by VA.                                   (i) Delegation of authority. (1) Each              for comments closed on July 31, 2015,
tkelley on DSK3SPTVN1PROD with RULES




                                              (e) Threshold requirements. The                        VA employee appointed to or lawfully                  and no comments were received. The
                                            NoFA will set out the full and specific                  fulfilling any of the following positions             Judicial Officer has made no further
                                            procedural requirements for technology                   is hereby delegated authority, within the             revisions to the original proposed rules,
                                            grant applicants.                                        limitations and conditions prescribed by              which are adopted as final. The new
                                              (f) Scoring criteria. (1) The Secretary                law, to exercise the powers and                       rules completely replace the former
                                            will score technology grant applications                 functions of the Secretary with respect               rules of 39 CFR part 957.


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                                                             Federal Register / Vol. 80, No. 180 / Thursday, September 17, 2015 / Rules and Regulations                                          55767

                                            B. Background                                            957.17    Public information.                         a Memorandum of Conference, which
                                                                                                     957.18    Ex parte communications.                    will be transmitted to both parties and
                                               The rules of practice in proceedings
                                            relative to debarment from contracting                     Authority: 39 U.S.C. 204, 401.                      which serves as the official record of
                                            are set forth in 39 CFR part 957. This                                                                         that conference.
                                                                                                     § 957.1   Authority for rules.                           (d) Determining whether an oral
                                            authority is delegated by the Postmaster                   The rules in this part are issued by the
                                            General. The rules are being changed to                                                                        hearing will be conducted, and setting
                                                                                                     Judicial Officer of the Postal Service                the place, date, and time for such a
                                            effectuate the Postal Service’s present                  pursuant to authority delegated by the
                                            debarment procedures, at 39 CFR part                                                                           hearing.
                                                                                                     Postmaster General (39 U.S.C. 204, 401).                 (e) Administering oaths or
                                            601, and the Judicial Officer’s role in
                                                                                                                                                           affirmations to witnesses.
                                            those procedures.                                        § 957.2   Scope of rules.
                                                                                                                                                              (f) Conducting the proceedings and
                                               In 2007, the Postal Service changed its                 The rules in this part apply to                     the hearing in a manner to maintain
                                            procurement regulations regarding                        proceedings initiated pursuant to                     discipline and decorum while ensuring
                                            suspension and debarment from                            paragraphs (g)(2) or (h)(2) of § 601.113 of           that relevant, reliable and probative
                                            contracting. See 72 FR 58252 (October                    this subchapter.                                      evidence is elicited, but irrelevant,
                                            15, 2007). Whereas prior to that change,
                                                                                                     § 957.3   Definitions.                                immaterial or repetitious evidence is
                                            the Judicial Officer conducted hearings
                                                                                                        (a) Vice President means the Vice                  excluded. The Hearing Officer in his or
                                            and rendered final agency decisions
                                                                                                     President, Supply Management, or the                  her discretion may examine witnesses to
                                            regarding suspension and debarment
                                                                                                     Vice President’s representative for the               ensure that a satisfactory record is
                                            from contracting, the revised
                                                                                                     purpose of carrying out the provisions                developed.
                                            procurement regulations at 39 CFR
                                                                                                     of § 601.113 of this subchapter.                         (g) Establishing the record. The
                                            601.113 eliminated any role of the
                                                                                                        (b) General Counsel includes the                   weight to be attached to evidence will
                                            Judicial Officer from suspensions, and
                                                                                                     Postal Service’s General Counsel and                  rest within the discretion of the Hearing
                                            reserved final agency action regarding
                                                                                                     any designated representative within                  Officer. Except as the Hearing Officer
                                            debarments to the Vice President,
                                                                                                     the Office of the General Counsel.                    may otherwise order, no proof shall be
                                            Supply Management. The remaining
                                                                                                        (c) Judicial Officer includes the Postal           received in evidence after completion of
                                            role of the Judicial Officer relative to
                                                                                                     Service’s Judicial Officer, Associate                 a hearing. The Hearing Officer may
                                            debarment from contracting is set forth
                                                                                                     Judicial Officer, and Acting Judicial                 require either party, with appropriate
                                            in paragraphs (g)(2) and (h)(2) of
                                                                                                     Officer.                                              notice to the other party, to submit
                                            § 601.113. Those paragraphs provide
                                                                                                        (d) Debarment has the meaning given                additional evidence on any relevant
                                            that the Vice President, Supply
                                                                                                     by paragraph (b)(2) of § 601.113 of this              matter.
                                            Management, may request the Judicial
                                                                                                     subchapter.                                              (h) Granting reasonable time
                                            Officer to conduct fact-finding hearings
                                                                                                        (e) Respondent means any individual,               extensions or other relief for good cause
                                            to resolve questions of material facts
                                                                                                     firm or other entity which has been                   shown, in the Hearing Officer’s sole
                                            involving a debarment, and will
                                                                                                     served a written notice of proposed                   discretion.
                                            consider those findings when deciding                                                                             (i) Issuing findings of fact. The
                                            the matter. Under paragraph (h)(2) of                    debarment pursuant to § 601.113(h), or
                                                                                                     which previously has been debarred, as                Hearing Officer will issue findings of
                                            § 601.113, fact-finding hearings will be                                                                       fact to the Vice President within 30 days
                                            governed by rules of procedure                           provided in § 601.113(g)(2) of this
                                                                                                     subchapter.                                           from the close of the record, to the
                                            promulgated by the Judicial Officer.                                                                           extent practicable.
                                                                                                        (f) Hearing Officer means the judge
                                            These new rules of procedure satisfy
                                                                                                     assigned to the case by the Judicial
                                            that requirement.                                                                                              § 957.5    Case initiation.
                                                                                                     Officer. The Hearing Officer may be the
                                            List of Subjects in 39 CFR Part 957                      Judicial Officer, Associate Judicial                     (a) Upon receipt of a request or
                                                                                                     Officer, Administrative Law Judge or an               referral from the Vice President, the
                                              Administrative practice and                                                                                  Recorder will docket a case under this
                                            procedure, Government contracts.                         Administrative Judge who is a member
                                                                                                     of the Postal Service Board of Contract               Part. Following docketing, the Judicial
                                              Accordingly, for the reasons stated,                   Appeals.                                              Officer will assign a Hearing Officer.
                                            the Postal Service revises 39 CFR part                      (g) Recorder means the Recorder of                 The Hearing Officer will establish the
                                            957 to read as follows:                                  the Judicial Officer Department of the                schedule for the proceeding, perform all
                                                                                                     United States Postal Service, 2101                    judicial duties under this Part and
                                            PART 957—RULES OF PRACTICE IN                                                                                  render Findings of Fact. Whenever
                                                                                                     Wilson Boulevard, Suite 600, Arlington,
                                            PROCEEDINGS RELATIVE TO                                                                                        practicable, a hearing should be
                                                                                                     VA 22201–3078. The Recorder’s
                                            DEBARMENT FROM CONTRACTING                                                                                     conducted within 30 days of the date of
                                                                                                     telephone number is (703) 812–1900,
                                            Sec.                                                     fax number is (703) 812–1901, and the                 docketing.
                                            957.1    Authority for rules.                            Judicial Officer’s Web site is http://                   (b) The request or referral from the
                                            957.2    Scope of rules.                                 www.about.usps.com/who-we-are/                        Vice President shall include the notice
                                            957.3    Definitions.                                    judicial/welcome.htm.                                 of proposed debarment and the
                                            957.4    Authority of the Hearing Officer.                                                                     information or argument submitted by
                                            957.5    Case initiation.                                § 957.4   Authority of the Hearing Officer.           the Respondent pursuant to paragraphs
                                            957.6    Filing documents for the record.                  The Hearing Officer’s authority                     (g) or (h) of § 601.113 of this subchapter.
                                            957.7    Failure to appear at the hearing.               includes, but is not limited to, the
                                            957.8    Hearings.                                                                                             § 957.6    Filing documents for the record.
                                                                                                     following:
                                            957.9    Appearances.                                                                                             The parties shall file documents,
                                                                                                       (a) Ruling on all motions or requests
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                                            957.10    Conduct of the hearing.                                                                              permitted by the rules in this part or
                                            957.11    Witness fees.                                  by the parties.
                                            957.12    Transcript.                                      (b) Issuing notices, orders, or                     required by the Hearing Officer, in the
                                            957.13    Proposed findings of fact.                     memoranda to the parties concerning                   Judicial Officer Department’s electronic
                                            957.14    Findings of fact.                              the hearing proceedings.                              filing system. The Web site for
                                            957.15    Computation of time.                             (c) Conducting conferences with the                 electronic filing is https://
                                            957.16    Official record.                               parties. The Hearing Officer will prepare             uspsjoe.justware.com/justiceweb.


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                                            55768            Federal Register / Vol. 80, No. 180 / Thursday, September 17, 2015 / Rules and Regulations

                                            Documents submitted using that system                    regarding admissibility of evidence and               § 957.16   Official record.
                                            are considered filed as of the date and                  other evidentiary issues, he or she is not              The transcript of testimony together
                                            time (Eastern Time) reflected in the                     bound by those rules. The weight to be                with all pleadings, orders, exhibits,
                                            system. Orders issued by the Hearing                     attached to evidence presented in any                 briefs, and other documents filed in the
                                            Officer shall be considered received by                  particular form will be within the                    proceeding shall constitute the official
                                            the parties on the date posted to the                    discretion of the Hearing Officer, taking             record of the proceeding.
                                            electronic filing system.                                into consideration all the circumstances
                                                                                                     of the particular case. Stipulations of               § 957.17   Public information.
                                            § 957.7    Failure to appear at the hearing.             fact agreed upon by the parties may be                  The Postal Service shall maintain for
                                              If a party fails to appear at the                      accepted as evidence at the hearing. The              public inspection copies of all findings
                                            hearing, the Hearing Officer may                         parties may stipulate the testimony that              of fact issued under this Part, and make
                                            proceed with the hearing, receive                        would be given by a witness if the                    them available through the Postal
                                            evidence and issue findings of fact                      witness were present. The Hearing                     Service Web site. The Recorder
                                            without requirement of further notice to                 Officer may in any case require                       maintains the complete official record of
                                            the absent party.                                        evidence in addition to that offered by               every proceeding.
                                            § 957.8    Hearings.
                                                                                                     the parties. A party requiring the use of             § 957.18   Ex parte communications.
                                                                                                     a foreign language interpreter allowing
                                              Hearings ordinarily will be conducted                  testimony to be taken in English for                    The provisions of 5 U.S.C. 551(14),
                                            in the Judicial Officer Department                       itself or witnesses it proffers is                    556(d), and 557(d) prohibiting ex parte
                                            courtroom at 2101 Wilson Boulevard,                      responsible for making all necessary                  communications are made applicable to
                                            Suite 600, Arlington, VA 22201–3078.                     arrangements and paying all costs and                 proceedings under these rules of
                                            However, the Hearing Officer, in his or                  expenses associated with the use of an                practice.
                                            her discretion, may order the hearing to                 interpreter.                                          Stanley F. Mires,
                                            be conducted at another location, or by
                                                                                                                                                           Attorney, Federal Compliance.
                                            another means such as by video.                          § 957.11    Witness fees.
                                                                                                                                                           [FR Doc. 2015–23314 Filed 9–16–15; 8:45 am]
                                            § 957.9    Appearances.                                    Each party is responsible for the fees
                                                                                                                                                           BILLING CODE 7710–12–P
                                                                                                     and costs for its own witnesses.
                                               (a) An individual Respondent may
                                            appear in his or her own behalf, a                       § 957.12    Transcript.
                                            corporation may appear by an officer                       Testimony and argument at hearings                  ENVIRONMENTAL PROTECTION
                                            thereof, a partnership or joint venture                  shall be reported verbatim, unless the                AGENCY
                                            may appear by a member thereof, or any                   Hearing Officer otherwise orders.
                                            of these may appear by a licensed                        Transcripts of the proceedings will be                40 CFR Part 180
                                            attorney.                                                made available or provided to the                     [EPA–HQ–OPP–2014–0574; FRL–9933–00]
                                               (b) After a request for a hearing has                 parties.
                                            been filed pursuant to the rules in this                                                                       Halosulfuron-methyl; Pesticide
                                            part, the General Counsel shall                          § 957.13    Proposed findings of fact.                Tolerances
                                            designate a licensed attorney as counsel                    (a) The Hearing Officer may direct the
                                            assigned to handle the case.                                                                                   AGENCY:  Environmental Protection
                                                                                                     parties to submit proposed findings of
                                               (c) All counsel, or a self-represented                                                                      Agency (EPA).
                                                                                                     fact and supporting explanations within
                                            Respondent, shall register in the                        15 days after the delivery of the official            ACTION: Final rule.
                                            electronic filing system, and request to                 transcript to the Recorder who shall                  SUMMARY:   This regulation establishes a
                                            be added to the case. Counsel also                       notify both parties of the date of its                tolerance for residues of halosulfuron-
                                            promptly shall file notices of                           receipt. The filing date for proposed                 methyl in or on the pome fruit group
                                            appearance.                                              findings shall be the same for both                   11–10 and a tolerance with regional
                                               (d) An attorney for any party who has                 parties.                                              registration for residues of halosulfuron-
                                            filed a notice of appearance and who                        (b) Proposed findings of fact shall be             methyl in or on the small vine climbing
                                            wishes to withdraw must file a motion                    set forth in numbered paragraphs and                  fruit, except fuzzy kiwifruit, subgroup
                                            requesting withdrawal, explaining the                    shall state with particularity all                    13–07F. Interregional Research Project
                                            reasons supporting the motion, and                       evidentiary facts in the record with                  Number 4 (IR–4) requested these
                                            identifying the name, email address,                     appropriate citations to the transcript or            tolerances under the Federal Food,
                                            mailing address, telephone number, and                   exhibits supporting the proposed                      Drug, and Cosmetic Act (FFDCA).
                                            fax number of the person who will                        findings.
                                            assume responsibility for representation                                                                       DATES: This regulation is effective
                                            of the party in question.                                § 957.14    Findings of fact.                         September 17, 2015. Objections and
                                                                                                       The Hearing Officer shall issue                     requests for hearings must be received
                                            § 957.10    Conduct of the hearing.                      written findings of fact, and transmit                on or before November 16, 2015, and
                                              The Hearing Officer may approve or                     them to the Vice President. Copies will               must be filed in accordance with the
                                            disapprove witnesses in his or her                       be sent to the parties.                               instructions provided in 40 CFR part
                                            discretion. All testimony will be taken                                                                        178 (see also Unit I.C. of the
                                            under oath or affirmation, and subject to                § 957.15    Computation of time.                      SUPPLEMENTARY INFORMATION).
                                            cross-examination. The Hearing Officer                     A designated period of time under the               ADDRESSES: The docket for this action,
                                            may exclude evidence to avoid unfair                     rules in this part excludes the day the               identified by docket identification (ID)
tkelley on DSK3SPTVN1PROD with RULES




                                            prejudice, confusion of the issues,                      period begins, and includes the last day              number EPA–HQ–OPP–2014–0574, is
                                            undue delay, waste of time, or                           of the period unless the last day is a                available at http://www.regulations.gov
                                            presentation of irrelevant, immaterial, or               Saturday, Sunday, or legal holiday, in                or at the Office of Pesticide Programs
                                            cumulative evidence. Although the                        which event the period runs until the                 Regulatory Public Docket (OPP Docket)
                                            Hearing Officer will consider the                        close of business on the next business                in the Environmental Protection Agency
                                            Federal Rules of Evidence for guidance                   day.                                                  Docket Center (EPA/DC), West William


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Document Created: 2015-12-15 09:34:21
Document Modified: 2015-12-15 09:34:21
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesEffective: September 17, 2015.
ContactAssociate Judicial Officer Gary E. Shapiro, (703) 812-1910.
FR Citation80 FR 55766 
CFR AssociatedAdministrative Practice and Procedure and Government Contracts

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