PLEASE READ THESE INSTRUCTIONS ENTIRELY 

BEFORE FILLING OUT THE ENCLOSED 

PARTICIPANT STATEMENT 

APPEALS OF POSTAL SERVICE DETERMINATIONS

TO CLOSE OR CONSOLIDATE POST OFFICES

INTRODUCTION 

Congress requires the Postal Service to follow specific procedures and to 

consider certain factors before making a Final Determination to close or consolidate a 

post office. When a patron appeals a Final Determination, the Postal Regulatory 

Commission (Commission) must decide whether the Postal Service's closure or 

consolidation of a post office is consistent with the law. The Commission may not 

change the Postal Service's Final Determination. It may only (1) affirm the 

determination, or (2) remand the entire matter to the Postal Service for further 

consideration. 

You may assist the Commission in its consideration of your appeal by sending a 

written statement explaining why you believe that the Postal Service has not complied 

with the law. Enclosed please find a Participant Statement form, which you may use to 

present your written argument. The purpose of the Participant Statement is the same 

as a formal brief, which is to point out issues that you believe the Commission should 

consider in its review of the Postal Service's actions. You may also identify items in the 

Administrative Record that support your position. You are not required to use this form. 

You may file a Participant Statement as well as a formal brief. 

REASONS FOR REMANDING A FINAL DETERMINATION 

The Commission may remand a Final Determination if the Postal Service (1) fails 

to follow proper procedure, or (2) fails to provide a written record of its actions that is 

adequate to support its decision. The legal language that specifies how the 

Commission evaluates a Final Determination appears under the heading “Postal 

Regulatory Commission Authority” below. General examples of some reasons for 

remand would be: 

1. The Postal Service did not follow the procedure required by law; 

2. The Postal Service did not adequately consider certain issues it is 

required to consider; 

3. The facts relied on by the Postal Service have not been established; 

4. The facts in the Postal Service's Final Determination are true, but they do 

not prove what the Postal Service says they prove; or 

5. The Final Determination does not resolve conflicts in the Administrative 

Record. 
Instructions for Form 61 

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REVIEWING THE ADMINISTRATIVE RECORD 

When investigating a post office for possible closing or consolidation, the Postal 

Service keeps a record of all the actions it takes (such as soliciting comments or holding 

a community meeting) and all the facts it considers in reaching a decision on whether to 

close or consolidate the post office. This record is called the Administrative Record. 

The Administrative Record also contains the Proposal, the Final Determination, and 

other documents the Postal Service collects during its investigation. You should 

review the Administrative Record before preparing your Participant Statement,

and you should provide references to it to support the arguments and assertions in your 

Participant Statement. 

When considering appeals of Final Determinations to close or consolidate post 

offices, the Commission is limited to "appellate jurisdiction." As a result, the 

Commission cannot conduct its own fact-finding investigation and must consider 

appeals based solely upon the Administrative Record. Postal Service regulations 

require that a copy of the Administrative Record be available at affected post 

offices (i.e., wherever the Final Determination is posted) for 30 days after the Final 

Determination is first posted. If an appeal is filed, the Administrative Record remains 

available at the affected post offices, and all documents filed with the Commission 

relating to the appeal will be posted at the affected post offices. Affected post 

offices include the post office to be closed or consolidated, the proposed supervising 

post office, and any post office likely to serve a significant number of customers of the 

post office to be closed or consolidated. 

AUTHORITY OF THE POSTAL SERVICE 

In keeping with its responsibility to operate the nation's mail system, the Postal 

Service has been given considerable authority over the operations of post offices. This 

authority includes the power to decide whether a post office should be closed or 

consolidated. However, before reaching a decision to close or consolidate a post office, 

the Postal Service must follow a procedure set up by law, and it must take account of 

certain specific effects of such an action. 

PROCEDURE 

The law sets out steps the Postal Service must take before it closes or 

consolidates a post office. Prior to making a determination as to the necessity of 

closing or consolidating any post office, the Postal Service must provide adequate 

notice of its intention to close or consolidate the post office. Notice must be given at 

least 60 days prior to the proposed date of closing or consolidation to persons served by 

the post office. This is to insure that such persons have an opportunity to present their 

views. The Postal Service calls the "notice of its intention to close or consolidate" the 

"Proposal." During the 60 days, patrons are invited to give the Postal Service their 

comments on the proposed closing or consolidation. 
Instructions for Form 61 

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The Postal Service calls its decision to close or consolidate a post office the 

"Final Determination." Any Final Determination of the Postal Service to close or 

consolidate a post office must be in writing and must include the findings of the Postal 

Service with respect to certain specific factors. The Final Determination and findings 

must be made available to persons served by the post office. The Postal Service may 

not close or consolidate a post office until 60 days after its written Final Determination is 

made available to persons served by the post office. 

FACTORS TO BE CONSIDERED 

In addition to following the required procedure, the Postal Service must also 

consider certain factors. The Postal Service must consider: 

(A) the effect of the closing or consolidation on the community served by that 

post office; 

(B) the effect of the closing or consolidation on employees of the Postal 

Service employed at that office; 

(C) whether the closing or consolidation is consistent with the policy of the 

Government that the Postal Service shall provide a maximum degree of 

effective and regular postal services to rural areas, communities, and 

small towns where post offices are not self-sustaining; 

(D) the economic savings to the Postal Service resulting from the closing or 

consolidation; and 

(E) such other factors as the Postal Service determines are necessary. 

POSTAL REGULATORY COMMISSION AUTHORITY 

Limitations on the Commission's authority prohibit it from remanding a Final 

Determination to the Postal Service simply because the Commission believes a different 

result might be better. Rather, the Commission may only examine the Postal Service's 

decision and record in order to determine whether the Postal Service abided by 

statutory guidelines. Specifically, the law requires that the Commission affirm the Postal 

Service's Final Determination unless the determination is: 

(A) arbitrary, capricious, an abuse of discretion, or otherwise not in 

accordance with the law; 

(B) without observance of procedure required by law; or 

(C) unsupported by substantial evidence on the record. 
Instructions for Form 61 

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PARTICIPANT STATEMENT 

We have included a form that you may use for your written argument. 

The Participant Statement should be as specific as possible. 

Commission proceedings to review Postal Service Final Determinations to close 

or consolidate post offices can be much less formal than is customary in courts. The 

Commission does not require patrons appealing Postal Service decisions to meet the 

usual format requirements for filed documents. However, it is important that papers 

sent to the Postal Regulatory Commission be legible. It is also important for statements 

to be clear and as specific as possible. 

The due date for a Participant Statement or brief can be found in the schedule 

which is attached as an Appendix to the "Notice and Order of Filing of Appeal." You 

should have a copy of the Notice and Order. If you do not, you should be able to find a 

copy posted at the post office. 

Briefs and Participant Statements may be filed electronically, using the Filing 

Online function on the Commission’s website, www.prc.gov, or by mail. Under its rules, 

the Commission expects to receive briefs on or before the day specified in the schedule, 

rather than receiving briefs that are simply postmarked by that day. 

Address the Participant Statement or brief to: 

Office of the Secretary 

Postal Regulatory Commission 

901 New York Avenue, NW, Suite 200 

Washington, DC 20268 
BEFORE THE

POSTAL REGULATORY COMMISSION 

WASHINGTON, DC 20268 

In the Matter of 

 

 Docket No.:____________ 

__________________, _____ __________

Post Office State ZIP Code 

______________________________Petitioner(s) 

PARTICIPANT STATEMENT 

1. Petitioner(s) are appealing the Postal Service's Final Determination 

concerning the _______________ post office. The Final Determination was posted 

_____________. 

 (date) 

2. In accordance with applicable law, 39 U.S.C. § 404(d)(5), the Petitioner(s) 

request the Postal Regulatory Commission to review the Postal Service's Final 

Determination on the basis of the Administrative Record before the Postal Service in the 

making of the Final Determination. 

3. Petitioners: Please set out below the reasons why you believe the Postal 

Service's Final Determination should be reversed and returned to the Postal Service for 

further consideration. (See pages 1 and 3 of the Instructions for an outline of the kinds 

of reasons the law requires us to consider.) Please be as specific as possible. Please 

continue on additional paper if you need more space and attach the additional page(s) 

to this form.

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Participant Statement 

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