[Federal Register Volume 75, Number 27 (Wednesday, February 10, 2010)]
[Rules and Regulations]
[Page 6570]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-2844]


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POSTAL SERVICE

39 CFR Part 965


Rules of Practice in Proceedings Relative to Mail Disputes

AGENCY: Postal Service.

ACTION: Final rule.

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SUMMARY: This document revises the rules of practice of the Postal 
Service's Office of the Judicial Officer to allow qualified persons 
licensed to practice law to be designated by the Judicial Officer as 
presiding officers in proceedings relating to mail disputes.

DATES: Effective Date: March 1, 2010.

ADDRESSES: Judicial Officer Department, United States Postal Service, 
2101 Wilson Boulevard, Suite 600, Arlington, VA 22201-3078.

FOR FURTHER INFORMATION CONTACT: Administrative Judge Gary E. Shapiro, 
(703) 812-1910.

SUPPLEMENTARY INFORMATION:

A. Executive Summary

    39 CFR Part 965 contains the rules governing proceedings involving 
Mail Disputes. Only one change is made. Paragraph (a) of section 965.4 
of the rules has defined the ``presiding officer'' as an Administrative 
Law Judge or an Administrative Judge qualified in accordance with law. 
The revised rule expands the definition of presiding officer to include 
any other qualified person licensed to practice law designated by the 
Judicial Officer to preside over a proceeding conducted pursuant to 
this part.

B. Summary of Change

    Expanding the definition of presiding officer in Part 965 is 
intended to permit qualified staff counsel employed in the Office of 
the Judicial Officer to be designated as the initial presiding official 
authorized to conduct proceedings and issue Initial Decisions in the 
resolution of mail disputes. Administrative Law Judges and 
Administrative Judges qualified in accordance with law will continue to 
be designated as presiding officers in such matters. The appellate 
procedure is unchanged.

C. Effective Dates and Applicability

    These revised rules will govern proceedings under Part 965 docketed 
on or after March 1, 2010.

List of Subjects in 39 CFR Part 965

    Administrative practice and procedure, Mail disputes, Postal 
Service.

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For the reasons stated in the preamble, the Postal Service amends 39 
CFR Part 965 as set forth below:
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1. The authority citation for part 965 continues to read as follows:

    Authority:  39 U.S.C. 204, 401.


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2. In Sec.  965.4, paragraph (a) is revised to read as follows:


Sec.  965.4  Presiding officers.

    (a) The presiding officer shall be an Administrative Law Judge, an 
Administrative Judge qualified in accordance with law, or any other 
qualified person licensed to practice law designated by the Judicial 
Officer to preside over a proceeding conducted pursuant to this part. 
The Judicial Officer assigns cases under this part. Judicial Officer 
includes Associate Judicial Officer upon delegation thereto. The 
Judicial Officer may, on his or her own initiative or for good cause 
found, preside at the reception of evidence.
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Stanley F. Mires,
Chief Counsel, Legislative.
[FR Doc. 2010-2844 Filed 2-9-10; 8:45 am]
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