APPENDIX III. RULES OF PRACTICE BEFORE THE COMMISSION. [Adopted June 27, 1915. Amended as shown by footnotes.] I. SESSIONS. may exercise power else 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 Commission any other place, and may, by one or more of its members, where. or by such examiners as. it may designate, prosecute any inquiry necessary to its duties in any part of the United States. dered. Sessions of the Commission for hearing contested pro- Hearings as orceedings will be held as ordered by the Commission. ders and other Sessions of the Commission for the purpose of making Sessions for or orders 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 theOrders 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. Such application shall be in writing, signed by or in 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. Form of appli cation. 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, the Commission shall issue and serve upon service of comthe party complained of a complaint stating its charges plaint. Issuance and 631 Notice. Time allowed for answer. swer. 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.1 III. ANSWERS. Within 30 days from the service of the complaint, unless such time be extended by order of the Commission, the defendant shall file with the Commission an answer Form of an- to the complaint. Such answer shall contain a short and simple statement of the facts which constitute the ground of defense. It shall specifically admit or deny or explain each of the facts alleged in the complaint, unless the defendant is without knowledge, in which case he shall so state, such statement operating as a denial. Answers in typewriting must be on one side of the paper only, on Size of paper, paper not more than 8 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 1 inches wide, or they may be printed in 10 or 12 point type on good unglazed paper 8 inches wide by 10 inches long, with inside margins not less than 1 inch wide. be filed.2 margin, etc. Three copies of such answer must IV. SERVICE. Complaints, orders, and other processes of the Commission may be served by anyone duly authorized by the Personal, or Commission, either (a) by delivering a copy thereof to copy, or the person to be served, or to a member of the partnership to be served, or to the president, secretary, or other executive officer, or a director, of the corporation, or associaBy leaving tion to be served; or (b) by leaving a copy thereof at the principal office or place of business of such person, partBy registered nership, corporation, or association; or (c) by registering and mailing a copy thereof addressed to such person, partnership, corporation, or association at his or its prin mail. The third paragraph of Rule II originally read as follows: "The Commission shall investigate the matters complained of in such application, and if upon investigation it shall appear to the Commission that there is a violation of law over which the Commission has jurisdiction, the Commission shall issue and serve upon the party complained of a complaint stating 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." It was amended to its present form on Oct. 29, 1915. * Resolution passed by the Commission Oct. 19, 1920, calls for the filing of three copies of the auswer. cipal office or place of business. The verified return by Return, same. V. INTERVENTION. Form of application. Permitted by order. Any person, partnership, corporation, or association 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 Size of paper, paper only, on paper not more than 8 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 1 inches wide, or they may be printed in 10 or 12 point type on good unglazed paper 8 inches wide by 10 inches long, with inside margins not less than 1 inch wide. VI. CONTINUANCES AND EXTENSIONS OF TIME. margin, etc., used on application. Commission. Continuances and extensions of time will be granted In discretion of at the discretion of the Commission. VII. WITNESSES AND SUBPOENAS. Witnesses shall be examined orally, except that for good and exceptional cause for departing from the general rule the Commission may permit their testimony to be taken by deposition. Subpoenas requiring the attendance of witnesses from any place in the United States at any designated place of hearing may be issued by any member of the Commission. Examination ordinarily oral. Subpoenas for witnesses. Subpoenas for production of dence. Subpoenas for the production of documentary evidence (unless directed to issue by a Commissioner upon his own documentary evimotion) 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 fees and mileage. 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 shall be paid by the party at whose instance the witnesses appear. 8 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. By single com. missioner. XI. HEARINGS ON INVESTIGATIONS. 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 This sentence added pursuant to resolution passed by the Commission Nov. 19, 1920. Rules VIII, IX, X, and XI were not a part of the original rules. They were adopted on Apr. 25, 1917. The rules now numbered XIII, XIV, XV, and XVI were originally numbered VIII, IX, X, and XI. The sentence originally read: "Not less than five nor more than ten days' notice," etc. It was amended to its present form by resolution passed by the Commission Dec. 9, 1921. may sit with him, and reasonable notice of the time and place of such hearings shall be given to parties in interest and posted. coun General sel or assistant ing. The general counsel or one of his assistants, or such other attorney as shall be designated by the Commission, to conduct hear shall 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. be completed except for good make and serve and order. When issue is joined and the case 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 Testimony to completed within 30 days after the beginning of the same within 30 days unless, for good cause shown, the Commission shall ex- cause. tend the time. The examiner shall, within 10 days after the receipt of the stenographic report of the testimony, Examiner to make his proposed finding as to the facts and his proposed proposed findings order thereon, 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, to such proposed findings and order and said exceptions shall specify the particular part or parts of the proposed findings of fact or proposed order to which exception is made, and said exceptions shall include any additional findings and any change in or addition to, the proposed order which either party may think proper. Citations to the record shall be made in support of such exceptions. Where briefs are filed, the same shall contain a copy of such exceptions. Argument on the exceptions to the proposed findings and order, if exceptions be filed, shall be had at the final argument on the merits. Rule adopted by the Commission May 20, 1921, making rules theretofore XII to XV, inclusive, XIII to XVI. The language of the first sentence of the rule was changed somewhat to its present form by resolution passed by the Commission Jan. 25, 1922. Exceptions by parties. Briefs and ar gument thereon. |