APPENDIX III

RULES OF PRACTICE BEFORE THE COMMISSION

I. SESSIONS

Commission may exercise

The principal office of the Commission at Washington, Principal office. D. C., is open each business day from 9 a. m. to 4.30 p. m. The Commission may meet and exercise all its powers at any other place, and may, by one or more of its members, power elsewhere. or by such examiners as it may designate, prosecute any inquiry necessary to its duties in any part of the United States.

Hearings as or

Sessions of the Commission for hearing contested pro-Har ceedings will be held as ordered by the Commission.

ders and other

Sessions of the Commission for the purpose of making Sessions for ororders and for the transaction of other business, unless business. otherwise ordered, will be held at the office of the Commission at Washington, D. C., on each business day at 10.30 a. m. Three members of the Commission shall Quorum. constitute a quorum for the transaction of business.

by secretary.

All orders of the Commission shall be signed by the Orders signed secretary.

II. COMPLAINTS

complaint.

Any person, partnership, corporation, or association Who may ask may apply to the Commission to institute a proceeding in respect to any violation of law over which the Commission has jurisdiction.

cation.

Such application shall be in writing, signed by or in Form of appli behalf of the applicant, and shall contain a short and simple statement of the facts constituting the alleged violation of law and the name and address of the applicant and of the party complained of.

Commission

to investigate.

The Commission shall investigate the matters complained of in such application, and if upon investigation the Commission shall have reason to believe that there is a violation of law over which the Commission has jurisdiction, and if it shall appear to the Commission that a proceeding by it in respect thereof would be to the interest of the public, the Commission shall issue and Issuance and serve upon the party complained of a complaint stating plaint. its charges and containing a notice of a hearing upon a day and at a place therein fixed, at least 40 days after the service of said complaint.

service of com

761

Time for answer.

allowed

III. ANSWERS

(1) In case of desire to contest the proceeding the respondent shall, within 30 days from the service of the complaint, unless such time be extended by order of the Commission, file with the Commission an answer to the comForm of answer. plaint. Such answer shall contain a short and simple statement of the facts which constitute the ground of defense. Respondent shall specifically admit or deny or explain each of the facts alleged in the complaint, unless respondent is without knowledge, in which case respondent shall so state, such statement operating as a denial. Failure to deny Any allegation of the complaint not specifically denied in the answer, unless respondent shall state in the answer that respondent is without knowledge, shall be deemed to be admitted to be true and may be so found by the Commission.

any allegation.

If respondent desires to waive hearing.

swer.

Number

copies; signature; etc.

(2) In case respondent desires to waive hearing on the charges set forth in the complaint and not to contest the proceeding the answer may consist of a statement that respondent refrains from contesting the proceeding or that respondent consents that the Commission may make, enter, and serve upon respondent an order to cease and desist from the violations of the law alleged in the complaint or that respondent admits all the allegations of the complaint to be true. Any such answer shall be deemed to be an admission of all the allegations of the complaint and to authorize the Commission to find such allegations to be true.

All

Failure to an- (3) Failure of the respondent to file answer within the time as above provided for shall be deemed to be an admission of all allegations of the complaint and to authorize the Commission to find them to be true and to waive hearing on the charges set forth in the complaint. of (4) Three copies of answers must be furnished. answers must be signed in ink by the respondent or by his duly authorized attorney and must show the office and post office address of the signer. All answers must be typewritten or printed. If typewritten, they must be on paper not more than 81⁄2 inches wide and not more than 11 inches long. If printed, they must be on paper 8 inches wide by 101⁄2 inches long.

IV. SERVICE

Complaints, orders, and other processes of the Commission may be served by anyone duly authorized by the Commission, either (a) by delivering a copy thereof to

or

mail.

the person to be served, or to a member of the partner- Personal, or ship to be served, or to the president, secretary, or other executive officer, or a director, of the corporation or association to be served; or (b) by leaving a copy thereof By leaving copy at the principal office or place of business of such person,. partnership, corporation, or association; or (c) by By registered registering and mailing a copy thereof addressed to such person, partnership, corporation, or association at his or its principal office or place of business. The verified Return. return by the person so serving said complaint, order, or other process, setting forth the manner of said service, shall be proof of the same, and the return post-office receipt for said complaint, order, or other process, registered and mailed as aforesaid, shall be proof of the service of the same.

V. INTERVENTION

cation.

Permitted

order.

by

Size of paper,

margin, etc., used

Any person, partnership, corporation, or association Form of appli desiring to intervene in a contested proceeding shall make application in writing, setting out the grounds on which he or it claims to be interested. The Commission may, by order, permit intervention by counsel or in person to such extent and upon such terms as it shall deem just. Applications to intervene must be on one side of the paper only, on paper not more than 81⁄2 inches wide and not more than 11 inches long, and weighing not less. than 16 pounds to the ream, folio base, 17 by 22 inches, with left-hand margin not less than 11⁄2 inches wide, or they may be printed in 10 or 12 point type on good unglazed paper 8 inches wide by 101⁄2 inches long, with inside margins not less than 1 inch wide.

VI. CONTINUANCES AND EXTENSIONS OF TIME

on application.

Commission.

Continuances and extensions of time will be granted In discretion of at the discretion of the Commission.

VII. WITNESSES AND SUBPOENAS

ordinarily oral.

Witnesses shall be examined orally, except that for Examination good and exceptional cause for departing from the general rule the Commission may permit their tesitmony to be taken by deposition.

witnesses.

Subpoenas requiring the attendance of witnesses from Subpoenas for any place in the United States at any designated place of hearing may be issued by any member of the Commission.

production of

dence.

Subpoenas for Subpoenas for the production of documentary evidence documentary evi- (unless directed to issue by a commissioner upon his own motion) will issue only upon application in writing, which must be verified and must specify, as near as may be, the documents desired and the facts to be proved by them.

Witness and mileage.

fees

Examination of witnesses to pro

practicable.

Witnesses summoned before the Commission shall be paid the same fees and mileage that are paid witnesses in the courts of the United States, and witnesses whose depositions are taken and the persons taking the same shall severally be entitled to the same fees as are paid for like services in the courts of the United States. Witness fees and mileage shall be paid by the party at whose instance the witnesses appear.

VIII. TIME FOR TAKING TESTIMONY

Upon the joining of issue in a proceeding by the Comceed as fast as mission the examination of witnesses therein shall proceed with all reasonable diligence and with the least Notice to coun- practicable delay. Not less than five days' notice shall be given by the Commission to counsel or parties of the time and place of examination of witnesses before the Commission, a commissioner, or an examiner.

sel.

To state grounds of objection, etc.

To briefly state nature of order

IX. OBJECTIONS TO EVIDENCE

Objections to the evidence before the Commission, a commissioner, or an examiner shall, in any proceeding, be in short form, stating the grounds of objections relied upon, and no transcript filed shall include argument or debate.

X. MOTIONS

A motion in a proceeding by the Commission shall applied for, etc. briefly state the nature of the order applied for, and all affidavits, records, and other papers upon which the same is founded, except such as have been previously filed or served in the same proceeding, shall be filed with such motion and plainly referred to therein.

missioner.

XI. HEARINGS ON INVESTIGATIONS

By single com- When a matter for investigation is referred to a single commissioner for examination or report, such commissioner may conduct or hold conferences or hearings thereon, either alone or with other commissioners who may sit with him, and reasonable notice of the time and

place of such hearings shall be given to parties in interest

and posted.

ing.

The general counsel or one of his assistants, or such General counsel or assistant other attorney as shall be designated by the Commission, to conduct bearshall attend and conduct such hearings, and such hearings may, in the discretion of the commissioner holding same, be public.

XII. HEARINGS BEFORE EXAMINERS

Examiner to

take testimony.

Testimony to be

completed within for good cause.

30 days except

Examirer

to

make and serve

, and order.

When issue in the case is set for trial, it shall be referred to an examiner for the taking of testimony. It shall be the duty of the examiner to complete the taking of testimony with all due dispatch, and he shall set the day and hour to which the taking of testimony may from time to time be adjourned. The taking of the testimony both for the Commission and the respondent shall be completed within 30 days after the beginning of the same unless, for good cause shown, the Commission shall extend the time. The examiner shall, within 10 days after the receipt of the stenographic report of the testimony, proposed findings make his report on the facts, and shall forthwith serve copy of the same on the parties or their attorneys, who, within 10 days after the receipt of same, shall file in writing their exceptions, if any, and said exceptions shall Exceptions by specify the particular part or parts of the report to which exception is made, and said exceptions shall include any additional facts which either party may think proper. Seven copies of exceptions shall be filed for the use of the Commission. Citations to the record shall be made in Briefs and argusupport of such exceptions. Where briefs are filed, the tions. same shall contain a copy of such exceptions. Argument on the exceptions, if exceptions be filed, shall be had at the final argument on the merits.

parties.

ment on excep

Examiner un

ceive from each side statement of

its

ter

contentions aftestimony and

before his report.

When, in the opinion of the trial examiner engaged in der certain cirtaking testimony in any formal proceeding, the size of cumstances to rethe transcript or complication or importance of the issues involved warrants it, he may of his own motion or at the request of counsel at the close of the taking of testimony announce to the attorneys for the respondent and for the Commission that the examiner will receive at any time before he has completed the drawing of the "Trial Examiner's Report upon the Facts" a statement in writing (one for either side) in terse outline setting forth the contentions of each as to the facts proved in the proceeding.