[Federal Register Volume 65, Number 50 (Tuesday, March 14, 2000)]
[Proposed Rules]
[Pages 13707-13709]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-6093]


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POSTAL SERVICE

39 CFR Part 952


Rules of Practice in Proceedings Relative to False Representation 
and Lottery Orders

AGENCY: Postal Service.

ACTION: Proposed rule.

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SUMMARY: The Postal Service proposes to amend the Rules of Practice in 
Proceedings Relative to False Representation and Lottery Orders to 
establish administrative procedures for issuing subpoenas and imposing 
the statutorily authorized civil penalties in proceedings conducted 
under 39 U.S.C. 3005(a).

DATES: Comments must be received on or before April 13, 2000.

ADDRESSES: Written comments should be mailed to Diane M. Mego, Staff 
Counsel, Judicial Officer Department, 2101 Wilson Blvd., Suite 600, 
Arlington, VA 22201-3078. Copies of all written comments will be 
available for inspection and photocopying between 8:15 a.m. and 4:45 
p.m., Monday through Friday, at the above address.

FOR FURTHER INFORMATION CONTACT: Diane M. Mego, Esq. 703-812-1905.

SUPPLEMENTARY INFORMATION: The Deceptive Mail Prevention and 
Enforcement Act, Pub. L. No. 106-168, 113 Stat. 1806, enacted on 
December 12, 1999, generally provides for the amendment of chapter 30 
of title 39, United States Code, to provide for the nonmailability of 
certain deceptive matter relating to sweepstakes, skill contests, and 
facsimile checks as well as amending provisions relating to 
administrative procedures and orders and adding civil penalties 
relating to such matters.
    The Act grants the Judicial Officer authority to issue subpoenas 
requiring the attendance and testimony of witnesses and the production 
of any records (including books, papers, documents, and other tangible 
things which constitute or contain evidence) which the Judicial Officer 
considers relevant or material in any statutory proceeding conducted 
under 39 U.S.C. 3005(a). The Act also authorizes new administrative 
civil penalties.
    The Postal Service is proposing to make the following amendments to 
39 CFR Part 952 to authorize the Judicial Officer to issue subpoenas 
under 39 U.S.C. 3005(a) and impose civil penalties for purposes of the 
Deceptive Mail Prevention and Enforcement Act.

List of Subjects in 39 CFR Part 952

    Administrative practice and procedure, Fraud, False 
Representations, Lotteries, Penalties, Postal Service.

PART 952--[AMENDED]

    1. The authority citation for part 952 is revised to read as 
follows:

    Authority: 39 U.S.C. 204, 401, 3005, 3012, 3016.

[[Page 13708]]

Sec. 952.5  [Amended]

    2. Section 952.5 is amended by adding ``and/or the assessment of 
civil penalties'' to the end of the first sentence.


Sec. 952.7  [Amended]

    3. Section 952.7(b) is amended by:
    A. Adding ``and/or the assessment of civil penalties authorized by 
39 U.S.C. 3012'' to the end of the first sentence; and
    B. Inserting ``tentatively assess such civil penalties as he 
considers appropriate under applicable law;'' after the phrase 
``release of mail unrelated to the matter complained of;'' in the third 
sentence.


Sec. 952.11  [Amended]

    4. Section 952.11 is amended by:
    A. Adding ``and/or assess civil penalties'' after ``orders'' in the 
second sentence of paragraph (a); and
    B. Adding ``and/or assess civil penalties'' after ``orders'' in 
paragraph (b).


Sec. 952.17  [Amended]

    5. Section 952.17(b)(10) is amended by adding ``Sec. 952.19 and'' 
before ``Sec. 952.21''.
    6. Section 952.19 is revised to read as follows:


Sec. 952.19  Subpoenas.

    (a) General. Upon written request of either party filed with the 
Recorder or on his own initiative, the presiding officer may issue a 
subpoena requiring:
    (1) Testimony at a deposition. The deposing of a witness in the 
city or county where the witness resides or is employed or transacts 
business in person, or at another location convenient for the witness 
that is specifically determined by the presiding officer;
    (2) Testimony at a hearing. The attendance of a witness for the 
purpose of taking testimony at a hearing; and
    (3) Production of records. In addition to paragraphs (a)(1) and 
(a)(2) of this section, the production by the witness at the deposition 
or hearing of records designated in the subpoena.
    (b) Voluntary cooperation. Each party is expected:
    (1) To cooperate and make available witnesses and evidence under 
its control as requested by the other party, without issuance of a 
subpoena, and
    (2) To secure voluntary production of desired third-party records 
whenever possible.
    (c) Requests for subpoenas. (1) A request for a subpoena shall to 
the extent practical be filed:
    (i) At the same time a request for deposition is filed; or
    (ii) 15 days before a scheduled hearing where the attendance of a 
witness at a hearing is sought.
    (2) A request for a subpoena shall state the reasonable scope and 
general relevance to the case of the testimony and of any records 
sought.
    (3) The presiding officer, in his discretion, may honor requests 
for subpoenas not made within the time limitations specified in this 
paragraph.
    (d) Requests to quash or modify. Upon written request by the person 
subpoenaed or by a party, made within 10 days after service but in any 
event not later than the time specified in the subpoena for compliance, 
the presiding officer may:
    (1) Quash or modify the subpoena if it is unreasonable and 
oppressive or for other good cause shown, or
    (2) Require the person in whose behalf the subpoena was issued to 
advance the reasonable cost of producing subpoenaed records. Where 
circumstances require, the presiding officer may act upon such a 
request at any time after a copy has been served upon the opposing 
party.
    (e) Form; issuance. (1) Every subpoena shall state the title of the 
proceeding, shall cite 39 U.S.C. 3016(a)(2) as the authority under 
which it is issued, and shall command each person to whom it is 
directed to attend and give testimony, and if appropriate, to produce 
specified records at a time and place therein specified. In issuing a 
subpoena to a requesting party, the presiding officer shall sign the 
subpoena and may, in his discretion, enter the name of the witness and 
otherwise leave it blank. The party to whom the subpoena is issued 
shall complete the subpoena before service.
    (2) The party at whose instance a subpoena is issued shall be 
responsible for the payment of fees and mileage of the witness and of 
the officer who serves the subpoena. The failure to make payment of 
such charges on demand may be deemed by the presiding officer as 
sufficient ground for striking the testimony of the witness and the 
evidence the witness has produced.
    (f) Service. (1) The party requesting issuance of a subpoena shall 
arrange for service.
    (2) Service within the United States. A subpoena issued under this 
section may be served by a person designated under 18 U.S.C. 3061 or by 
a United States marshal or deputy marshal, or by any other person who 
is not a party and not less than 18 years of age at any place within 
the territorial jurisdiction of any court of the United States.
    (3) Foreign Service. Any such subpoena may be served upon any 
person who is not to be found within the territorial jurisdiction of 
any court of the United States, in such manner as the Federal Rules of 
Civil Procedure prescribe for service in a foreign country. To the 
extent that the courts of the United States may assert jurisdiction 
over such person consistent with due process, the United States 
District Court for the District of Columbia shall have the same 
jurisdiction to take any action respecting compliance with this section 
by such person that such court would have if such person were 
personally within the jurisdiction of such court.
    (4) Service on Business Persons. Service of any such subpoena may 
be made upon a partnership, corporation, association, or other legal 
entity by:
    (i) Delivering a duly executed copy thereof to any partner, 
executive officer, managing agent, or general agent thereof, or to any 
agent thereof authorized by appointment or by law to receive service of 
process on behalf of such partnership, corporation, association, or 
entity;
    (ii) Delivering a duly executed copy thereof to the principal 
office or place of business of the partnership, corporation, 
association, or entity; or
    (iii) Depositing such copy in the United States mails, by 
registered or certified mail, return receipt requested, duly addressed 
to such partnership, corporation, association, or entity at its 
principal office or place of business.
    (5) Service on Natural Persons. Service of any subpoena may be made 
upon any natural person by:
    (i) Delivering a duly executed copy to the person to be served; or
    (ii) Depositing such copy in the United States mails, by registered 
or certified mail, return receipt requested, duly addressed to such 
person at his residence or principal office or place of business.
    (6) Verified Return. A verified return by the individual serving 
any such subpoena setting forth the manner of such service shall be 
proof of service. In the case of service by registered or certified 
mail, such return shall be accompanied by the return post office 
receipt of delivery of such subpoena.
    (g) Contumacy or refusal to obey a subpoena. In the case of 
contumacy or refusal to obey a subpoena, the Judicial Officer may 
request the Attorney General to petition the district court for any 
district in which the person receiving the subpoena resides, is found, 
or conducts business (or in the case of a person outside the 
territorial jurisdiction of any district court, the district court for 
the District of

[[Page 13709]]

Columbia) to issue an appropriate order for the enforcement of such 
subpoena. Any failure to obey such order of the court may be punishable 
as contempt.

Stanley F. Mires,
Chief Counsel, Legislative.
[FR Doc. 00-6093 Filed 3-13-00; 8:45 am]
BILLING CODE 7710-12-P