formed that belief shall be set forth with particularity. A true copy of each and every document possessed by or available to the complainant which evidences the facts set forth in the complaint shall be annexed to the complaint.

(c) Time and place of filing of complaint. A complaint shall be filed by delivering a copy thereof, in proper form, to the Commission at its principal offices in Washington, D.C., addressed to the attention of the Reparations Section. The complaint may be filed in person, during normal business hours, or by mail.

(d) Bond required if complainant is non-resident. If a petition for reparations is filed by a non-resident of the United States, the complainant shall first file a bond in double the amount of the claim either with a surety company approved by the Treasury Department of the United States as surety or with two personal sureties, each of whom shall be a citizen of the United States and shall qualify as financially responsible for the entire amount of the bond. The bond shall run to the respondent and be conditioned upon the payment of (1) costs, including reasonable attorney's fees, for the respondent if the respondent shall prevail; and (2) any reparation award that may be issued by the Commission against the complainant on any counterclaim asserted by respondent: Provided, That the furnishing of a bond may be waived if the complainant is a resident of a country which permits filing of a complaint by a resident of the United States against a citizen of that country without the furnishing of a bond.

§ 12.22 Notification to registrant of complaint.

If, in the opinion of the Commission, the facts set forth in a complaint warrant such action, a copy of the complaint, together with any attachments thereto, shall be forwarded by registered mail, certified mail, or otherwise by the Commission to each registrant named therein at an office previously designated with the Commission by the registrant for receipt of reparation complaints or, if no such designation has been filed with the Commission, at the registrant's principal place of business as shown in the records of the Commission. The complaint shall not be forwarded if it appears, in the opinion of the Commission, that the alleged facts, even if true, do

not evidence a violation of the Act or any rule or regulation or order thereunder or do not show that the complainant suffered damages as a result of the alleged violation. If the Commission should determine not to forward the complaint to the registrant in accordance with this section, no proceeding shall be held thereon and the complainant shall be notified to that effect, but this decision shall be without prejudice to the right of the complainant to seek such alternate forms of relief as may be available.

§ 12.23 Response to complaint.

Within forty-five (45) days after the complaint was forwarded by registered mail, certified mail, or otherwise to the registrant, or within such further time as the Commission may permit, each registrant shall either satisfy the complaint or answer it in writing.

(a) Satisfaction of Complaint. A registrant may satisfy the complaint by paying to the complainant either the amount to which the complainant claims to be entitled as set forth in the complaint or such other amount as the complainant will accept in satisfaction of his claim. If a complaint is satisfied, a notice of satisfaction and withdrawal of the complaint as to that registrant, duly executed by the complainant and registrant before a notary public, shall be filed with the Commission in substantially the following form:

payment has been made. Upon the filing of a notice of satisfaction and withdrawal of the complaint as to a registrant, the proceeding shall be discontinued as to that registrant and no reparation award shall thereafter be entered against that registrant in favor of that complainant based upon the violations alleged in that complaint. In the absence of objection thereto by the complainant, an affidavit of satisfaction shall have the same effect as a notice of satisfaction and withdrawal of the complaint.

(b) Answer—(1) Form and content. The answer shall contain a precise and detailed statement of the facts which constitute the grounds for defense, and shall specifically admit, deny, or explain each of the allegations of the complaint. If the registrant is without knowledge or information sufficient to form a belief as to the truth of an allegation, he shall so state, and this will have the effect of a denial. An answer may state that the registrant admits all of the allegations of the complaint, or admits liability for a portion, but not all, of the amount claimed as damages. Each answer shall be signed personally by an individual registrant or by a duly authorized officer or agent of the registrant (who has knowledge of the matters set forth in the complaint) if the registrant is not a natural person. His signature shall be given under oath attesting that he has read the answer; that to the best of his knowledge, information and belief there is good ground to support it; and that it is not interposed for delay. Where a complainant alleges facts tending to prove that one or more employees or agents of a registrant have participated in the alleged violations, they shall each separately subscribe to and verify the answer or state under oath, in a document appended to the answer, why they have not done so. To the extent that the pleading is not based upon his personal knowledge he shall set forth with particularity the information upon which he believes there is good ground to support the answer. A true copy of each and every document possessed by or available to the registrant, which support the denials or other matters of defense set forth in the answer, shall be annexed to the answer unless they have been annexed to the complaint.

(2) Counterclaims. An answer may set forth as a counterclaim facts alleging a violation and a request for a reparation

award that would be a proper subject for a complaint under § 12.21 or any claim which at the time the complaint is served the registrant has against the complainant if it arises out of the transaction or occurrence or series of transactions or occurrences set forth in the complaint.

(3) Affidavit of service. The registrant shall file with his answer an affidavit showing that he has served a true copy of the answer upon the complainant, either personally or by mail addressed to the complainant at the address set forth in the complaint.

§ 12.24 Reply.

If the answer asserts a counterclaim, the complainant shall file a reply to the counterclaim with the Commission within thirty (30) days after service of the answer. The reply shall be strictly confined to the matters alleged in the counterclaim, and shall in all respects conform to the requirements set forth in § 12.23 (b) with respect to the form and content and other requirements concerning an answer. A complainant may satisfy a counterclaim, as if it were a complaint, in the manner set forth in § 12.23 (a).

§ 12.25 Investigation of complaint.

If there appears to be, in the opinion of the Commission, any reasonable grounds for investigating any complaint made in accordance with § 12.21 the Commission may investigate such complaint to the extent and in such manner as it, in its sole discretion, may deem appropriate. If an investigation is undertaken, the Commission may, in its discretion, for that reason delay institution of a formal reparation proceeding. § 12.26 Effect of failure to file answer or reply; default.

(a) Findings and conclusions. Failure timely to file an answer to a complaint or a reply to a counterclaim shall be treated as an admission of the allegations of the complaint or counterclaim, shall constitute a waiver of hearing on the facts set forth in the complaint or counterclaim, and shall result in the institution of a formal adjudicatory proceeding in accordance with § 12.31 upon the payment of the appropriate filing fee set forth in § 12.27 by either the complainant or registrant. The previously forwarded complaint, and the answer if no reply has been filed to a counterclaim

to pay the undisputed amount on or before a date fixed by the order.

§ 12.34 Settlement-Staternents of satisfaction and discontinuance of proceedings.

If, at any time before there has been a final determination by the Commission, the respondent satisfies the complaint, or the complainant and respondent reach an accord as to the amount of damages that will satisfy the complaint and any counterclaim set forth in the respondent's answer, the complainant and respondent shall file with the Commission a signed statement of satisfaction and discontinuance of proceeding. The proceeding will thereafter be discontinued. The statement of satisfaction and discontinuance of proceeding shall be filed with the Commission in substantially one of the following forms: [Caption]

Respondent

[Name] by

hav

ing satisfied the reparation complaint against him on

entered into by the parties evidencing satisfaction of the complaint or counterclaim. If the motion is uncontested the proceeding will be ordered discontinued. Subpart D-Formal Adjudicatory Proceeding

§ 12.41

Docketing of proceeding.

Upon service of the notification in accordance with § 12.31, or upon a default or admission of partial liability as set forth in § 12.26 or § 12.33 the Hearing Clerk shall assign a docket number to the proceeding and maintain the official docket. Thereafter the proceeding may be identified by such number.

§ 12.42 Assignment to presiding officer.

Immediately following docketing of the proceeding, the proceeding shall be assigned to the Presiding Officer. To the extent permitted by law, the powers hereinafter conferred upon the Presiding Officer shall be applicable to the Commission.

§ 12.43 Functions and responsibilities of the Presiding Officer.

The Presiding Officer shall be responsible for the fair and orderly conduct of the proceeding and shall have the authority to:

(a) Administer oath and affirmations; (b) Issue subpoenas;

(c) Rule on offers of proof;

(d) Receive relevant evidence;

(e) Examine witnesses;

(f) Regulate the course of the hear

ing;

(g) Hold prehearing conferences; (h) Consider and rule upon all motions;

(i) Make decisions in accordance with § 12.84 and § 12.95;

(j) Certify interlocutory matters to the Commission for its determination in accordance with § 12.47 (a) (4);

(k) Take such action as is appropriate if a party or agent of a party fails to comply with an order issued by the Presiding Officer; and

(1) Take any other action required to give effect to these rules relating to reparation proceedings, including but not limited to requesting the parties to file briefs and statements of position with respect to any issue in the proceeding. § 12.44 Disqualification of Presiding Officer.

(a) At His Own Request. A Presiding Officer may withdraw from any proceeding when he considers himself to be dis

qualified. In such event he shall immediately notify the Commission and each of the parties of his withdrawal and of his reason for such action.

(b) Upon the Request of a Party. Any party may request a Presiding Officer to disqualify himself on the grounds of personal bias, conflict or similar bases. Interlocutory review of an adverse ruling by the Presiding Officer may be sought without certification of the matter by the Presiding Officer only in accordance with the procedures set forth in § 12.47 (b).

§ 12.45 Amendments and supplemental pleadings.

(a) Amendments. At any time prior to the close of the hearing in a reparation proceeding, the Presiding Officer may allow amendments of the pleadings either upon written consent of the parties or for good cause shown.

(b) Supplemental Pleadings. Upon reasonable notice, and upon such terms as are just, the Presiding Officer may, upon the motion of a party, permit the party to serve a supplemental pleading setting forth transactions or occurrences or events which have happened since the date of the pleadings sought to be supplemented and which are relevant to any of the issues involved.

and

(c) Response to Amendments Supplements. Any party may file a response to any amendment or supplement to a pleading within ten (10) days after date of service upon him of the amendment or supplement.

(d) Pleadings to Conform to the Evidence. When issues not raised by the pleadings but reasonably within the scope of a reparation proceeding initiated by the complaint are tried with the express or implied consent of the parties, they shall be treated in all respects as if they had been raised in the pleadings.

(e) Subscription and Verification. All amendments and supplemental pleadings shall be subscribed and verified in the same manner as the pleadings they are amending or supplementing. § 12.46

Motions.

(a) Presentation. An application for a form of relief not otherwise specifically provided for in these rules shall be made by a motion, which shall be in writing unless made on the record during a hearing. The motion shall state: (1) The relief sought; (2) the basis for relief; and

(3) the authority relied upon. If a motion is supported by briefs, affidavits or other papers, they shall be served and filed with the motion. All motions and applications, unless otherwise provided in these rules, shall be directed to the Presiding Officer prior to the filing of an initial decision in a proceeding, and to the Commission after the initial decision has been filed.

(b) Answer to Motions. Any party may serve and file a written response to a motion within ten (10) days after service of the motion upon him or within such longer or shorter period as established by these rules or as the Presiding Officer or the Commission may direct. Any party who does not file a response to a motion shall be deemed to have consented to the relief sought by the motion.

(c) Motions for Procedural Orders. Motions for procedural orders, including motions for extension of time, may be acted on at any time, without awaiting a response thereto. Any party adversely affected by such action may request reconsideration, vacation modification of such action.

or

(d) Dilatory Motions. Repetitive or numerous motions dealing with the same subject matter shall not be permitted. § 12.47 Interlocutory review by the Commission.

Interlocutory review by the Commission of a ruling on a motion by a Presiding Officer may be sought in accordance with the following procedure:

(a) Scope of review. The Commission will not review a ruling of the Presiding Officer prior to the Commission's consideration of the proceeding in the absence of extraordinary circumstances. An interlocutory appeal may be permitted, in the discretion of the Commission, under the following circumstances:

(1) Appeal from a ruling pursuant to § 12.44 on a motion to disqualify a Presiding Officer.

(2) Appeal from a ruling pursuant to § 12.11 suspending an attorney from participation in a reparation proceeding.

(3) Appeal from a ruling pursuant to § 12.72 ordering consolidation of proceedings.

(4) Upon a determination by the Presiding Officer certified to the Commission either in writing or on the record, that (i) a ruling sought to be appealed involves a controlling question of law or policy, (ii) an immediate appeal may materially advance the ultimate resolu