« iepriekšējāTurpināt »
Bureau of Public Roads, Department of Agriculture: See Highways, 23 CFR Chapter I.
Civil Service Commission regulations exempting from examination certain members of Interstate Commerce Commission staff: See Administrative Personnel, 5 CFR 50.11.
Employers' tax, employees' tax, and employers' representatives tax under the
National Railroad Adjustment Board: See Labor, 29 CFR Chapter III.
Railroads in Alaska, as regulated by the Division of Territories and Island Possessions, Department of the Interior: See Territories and Insular Possessions, 48 CFR Part 5.
Railroad Retirement Board: See Employers' Benefits, 20 CFR Chapter II. Regulations relating to air traffic and scheduled airlines: See Civil Aviation, 14 CFR Parts 60, 61.
Rights of way for railroads and station grounds described by the General Land Office, Department of the Interior: See Public Lands: Interior, 43 CFR Part 243.
Roads, Highways and rights of way over Indian Lands: See Indians, 25 CFR Parts 256, 261.
Steam road investments in road and equipment; application of Interstate Commerce Commission classification to accounts of the Federal Power Commission: See Conservation of Power, 18 CFR Part 103.
Traffic Activities, freight provisions, and express regulations, as prescribed by the Procurement Division, Department of the Treasury: See Public Contracts, 41 CFR Part 20.
Transportation of mails and treatment of mail matter in the railway mail service of the Post Office Department: See Postal Service, 39 CFR Parts 19, 20.
Transport regulations of the Army: See Army: War Department, 10 CFR
United States Maritime Commission: See Shipping, 46 CFR Chapter II.
Interstate Commerce Acts annotated; compilation of Federal laws relating to the regulation of carriers subject to the Interstate Commerce Act with digest of pertinent decisions of the Federal courts and the Interstate Commission and the text of or references to the general rules and regulations, prescribed by and under the direction of the Commissioner for the Interstate Commerce Commission. Dec. 31, 1929, and Sept. 1, 1934.
Interstate Commerce reports; decisions of the Interstate Commerce Commission of the United States. Irregular; v. 1-v. 11, Rochester, N. Y., Lawyers Cooperative Co.; v. 12, Nov. 1906 to Dec. 1907-, GPO.
Interstate Commerce reports; valuation reports. Irregular; v. 1-v. 21 included in regular Interstate Commerce Commission report series; independent series beginning with v. 22, Jan. 1929.
Interstate Commerce reports; finance reports. Irregular.
Interstate Commerce reports; motor carrier cases. Irregular; v. 1—, June, 1936-May, 1937—.
For list of abbreviations used in this chapter, see note to § 1.1.
Subchapter A-General Rules and Regulations
PARTS 1-9: GENERAL PROVISIONS AND RULES OF PRACTICE
Forms for use under the rules of practice: See Part 2.
Section 1.1 Public sessions and hearings; notice. Public sessions of the Commission or division thereof for hearing evidence or oral arguments or for public conferences, and hearings before commissioners or examiners, will be held as set upon notice by the Commission, subject to change upon such notice as may be practicable."t
*88 1.1 to 1.23, inclusive, issued under the authority contained in: Sec. 5, 24 Stat. 380, sec. 11, 37 Stat. 566, secs. 407, 408, 41 Stat. 480, 42 Stat. 27, secs. 201-203, 48 Stat. 217-220, sec. 221, 48 Stat. 1080; 49 U.S.C. 5. Sec. 13, 24 Stat. 383, sec. 11, 36 Stat. 550, sec. 416, 41 Stat. 484; 49 U.S.C. 13. Sec. 17, 24 Stat. 385, sec. 6, 25 Stat. 861, sec. 2, 40 Stat. 270, secs. 430-432, 41 Stat. 492, 493, 47 Stat. 1368; 49 U.S.C. 17. Sec. 19 (a), 37 Stat. 701, sec. 433, 41 Stat. 493, secs. 1, 2, 42 Stat. 624, secs. 207, 208, 48 Stat. 221; 49 U.S.C. 19a.
tIn 88 1.1 to 1.23, inclusive, the numbers to the right of the decimal point correspond with the respective rule numbers in Rules of practice before the Commission in proceedings under the Interstate Commerce Act and related Acts, with approved forms, Interstate Commerce Commission, revised to Apr. 1, 1936.
ABBREVIATIONS: The following abbreviations are used in this chapter:
1.1a Personal appearances; appearance by individual parties, partner, or officer. Any individual or member of a partnership which is a party to any proceeding may appear for himself or such partnership upon adequate identification, and a corporation or association may be represented by a bona fide officer upon permission granted, in the discretion of the presiding commissioner or examiner.*†
1.1b Admission to practice-(a) Register of practitioners. Commencing July 1, 1929, a register will be maintained by the Commission in which will be entered the names of all persons entitled to practice before the Commission. Corporations and firms will not be admitted or recognized.
**For statutory and source citations, see note to § 1.1.
(b) Classes of persons who may be admitted. The following classes of persons whom the Commission finds, upon consideration of their applications, to be of good moral character and to possess the requisite qualifications to represent others may be admitted to practice before the Commission:
(1) Attorneys at law. Attorneys at law who are admitted to practice before the Supreme Court of the United States or the highest court of any State or Territory or the District of Columbia.
(2) Persons not attorneys, possessing legal and technical qualifications. Any person not an attorney at law who is a citizen or resident of the United States and who shall file proof to the satisfaction of the Commission that he is possessed of the necessary legal and technical qualifications to enable him to render valuable service before the Commission and is otherwise competent to advise and assist in the presentation of matters before the Commission.
(c) Applications for admission; certificates as to qualifications. An application under oath for admission to practice shall be addressed to the Commission, Washington, D. C., and must state the name, residence address, and business address of the applicant, and the time and place of his admission to the bar, or the nature of his qualifications. Such application shall also state whether the applicant has ever been suspended or disbarred as an attorney in any court, or his right to practice suspended or revoked in any jurisdiction. Such applications shall be accompanied by a certificate of the clerk of the court in which the applicant is admitted to practice to the effect that he has been so admitted and is in good standing; or a certificate by three or more registered practitioners to the effect that the applicant possesses all the requisite qualifications under this section, and moving and recommending that he be admitted to practice under this section.
(d) Additional certificates by sponsors of applicant; hearing; abandonment of application. The Commission in its discretion may call upon the registered practitioners making such certificate for a full statement of the nature and extent of their knowledge of the qualifications of the applicant. If upon a consideration of the papers filed by the applicant and the statements submitted by his sponsors, or otherwise, the Commission is not satisfied as to the sufficiency of the applicant's qualifications under the rules in this part, it will so notify him by registered mail, whereupon he may request a hearing for the purpose of showing his qualifications. If he presents such request, the Commission will accord him a hearing. If he presents to the Commission no request for such hearing within 20 days after receiving the notification above referred to, his application shall be deemed to be withdrawn.
(e) Oath. Upon being admitted, each applicant shall subscribe to an oath or affirmation that he will demean himself, as a practitioner before this Commission, uprightly, and according to law; and that he will support the Constitution of the United States.
(f) Denial of admission, suspension, disbarment. The Commission may, in its discretion, deny admission, suspend, or disbar any
person who, it finds, does not possess the requisite qualifications to represent others, or is lacking in character, integrity, or proper professional conduct. Any person who has been admitted to practice may be disbarred only after he is afforded an opportunity to be heard.**
CROSS REFERENCES: For form of application for admission to practice before the Commission under § 1.1b, paragraphs (a) and (b) see §§ 2.7a, 2.7b, respectively. For form of oath to be taken by practitioners upon admission, to be filed with the Commission, see § 2.8.
1.2 Parties-(a) Classes; who may appear; ethical standards of conduct. The parties to proceedings before the Commission are complainants, defendants, interveners, protestants, respondents, applicants, and petitioners, according to the nature of the proceeding and their relation thereto. Any party may appear and be heard in person or by attorney. All persons appearing must conform in such proceedings to the standards of ethical conduct required of practitioners before the courts of the United States. Failure to conform to those standards will be ground for declining to permit appearance as attorney in any proceeding before the Commission.
(b) (1) Complainants defined. In complaint cases the parties who complain to the Commission of anything done or omitted to be done in violation of the provisions of the Interstate Commerce Act, in the rules in this part referred to as the Act, by any common carrier subject to the Act, are those designated in section 13 thereof, and are styled complainants.
(2) Defendants defined. The common carriers so complained of, and their receivers or operating trustees, if any, are styled defendants. (3) Joinder of complainants who have similar causes of action. Two or more complainants may join in one complaint if their respective causes of action are against the same defendant or defendants, and involve substantially the same violation of the Act and a like state of facts.
(c) Defendants, when through transportation involved. If complaint is made in respect of through transportation by continuous carriage or shipment, all carriers subject to the Act participating therein should be made defendants.
(d) Joint defendants when several carriers involved. If complaint is made of rates, fares, charges, regulations, or practices of more than one carrier, all carriers against which an order is sought should be made defendants.
(e) Defendants in classification cases. If complaint is made of a classification or any provision thereof, it will ordinarily suffice to make defendants the carriers operating one or more through routes between representative points of origin and destination.
(f) Receiver or trustee as defendant. The receiver or trustee operating the line of a defendant must also be made defendant.
(g) Respondents. In investigation proceedings the carriers designated therein are styled respondents.
(h) Protestants and respondents in investigation and suspension, and valuation proceedings. In investigation and suspension proceedings those opposing the schedules under suspension are
**For statutory and source citations, see note to § 1.1.