[Code of Federal Regulations]

[Title 39, Volume 1]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 39CFR954.8]



[Page 269]

 

                        TITLE 39--POSTAL SERVICE

 

                 CHAPTER I--UNITED STATES POSTAL SERVICE

 

PART 954_RULES OF PRACTICE IN PROCEEDINGS RELATIVE TO THE DENIAL, 

SUSPENSION, OR REVOCATION OF PERIODICALS MAIL PRIVILEGES--Table 

of Contents

 

Sec.  954.8  Pleading.



    (a) Place of filing. Parties shall file an original and three copies 

of all documents of record, unless otherwise ordered by the presiding 

officer with the Recorder of the Postal Service, who shall cause copies 

to be delivered to the other parties and to the presiding officer. 

Service is ordinarily made on the private parties by certified mail and 

delivery is deemed complete when a document or notice of its arrival is 

left at the designated address. The Recorder shall maintain a docket and 

the files in all proceedings.

    (b) Petition. A publisher may appeal from a ruling of the authorized 

official by filing a petition within 15 days of the receipt of the 

ruling unless the time is extended by the authorized official. The 

petition shall state the reasons why the publisher (designated 

``Petitioner'' in the proceeding) believes the ruling of the authorized 

official is erroneous and shall provide the address at which documents 

may be served on the Petitioner. The petition shall also allege facts 

showing compliance with each provision of law or regulation on which the 

publisher's claim to Periodicals mail privileges is based. The publisher 

shall attach to his or her petition a copy of the letter of the 

authorized official denying, suspending or revoking Periodicals mail 

privileges.

    (c) Notice of hearing. Upon receipt of the petition the Recorder 

shall set a date for the hearing and issue a notice of hearing to the 

parties stating the time and place of the hearing, the date for filing 

an answer, and the name of the presiding officer.

    (d) Answer. The authorized official (designated the ``Respondent'' 

in the proceeding) shall answer the petition within 15 days after filing 

and admit or deny each allegation of the petition.

    (e) Amendment. An amendment of a pleading may be offered by any 

party at any time prior to the close of the hearing. If the presiding 

officer deems it appropriate to permit the amendment of a pleading, he 

or she may impose such conditions, by way of continuance of the hearing 

date or otherwise, as he or she considers necessary to assure a fair 

hearing.



[36 FR 11567, June 16, 1971, as amended at 38 FR 17217, June 29, 1973; 

62 FR 66998, Dec. 23, 1997]