[Federal Register Volume 74, Number 148 (Tuesday, August 4, 2009)]
[Notices]
[Pages 38627-38628]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-18601]


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FEDERAL MARITIME COMMISSION

[Docket No. 09-05]


Application of Leonardo Ortiz for Admission To Practice Before 
the Federal Maritime Commission; Order Initiating Proceeding

    On December 31, 2007, Respondent Leonardo Ortiz (``Mr. Ortiz'') 
filed his Application for Admission to Practice before the Federal 
Maritime Commission (``Form FMC-12''). According to his application, 
Mr. Ortiz is self-employed. His business is located at 4324 Belton 
Highway, Anderson, SC 29621.
    The Federal Maritime Commission (``Commission'') allows for 
attorney and non-attorney practitioners. In order to be admitted to 
practice before the Commission as a non-attorney, Rule 27 of the 
Commission's Rules of Practice and Procedure, 46 CFR Sec.  502.27, 
requires that the applicant file proof that he or she possesses, to the 
satisfaction of the Commission, ``the necessary legal, technical, or 
other qualifications to render valuable service before the Commission 
and is otherwise competent to advise and assist in the presentation of 
matters before [it].'' Further, if the Commission is not satisfied that 
the applicant has sufficient qualifications, it will notify the 
applicant and, if requested, the applicant will be granted a hearing 
``for the purpose of showing his or her qualifications.'' 46 CFR 
502.29.
    After reviewing his application, the Commission determined that Mr. 
Ortiz did not demonstrate that he possesses the qualifications required 
to practice before the Commission.\1\\\ On April 15, 2009, the 
Secretary of the Commission notified Mr. Ortiz of the Commission's 
intent to deny his application for admission to practice before it and 
the procedures permitting a request for a hearing. On April 29, 2009, 
Mr. Ortiz filed his request for a hearing on the issue.
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    \1\ Pursuant to 46 CFR 501.24(a), the Commission has delegated 
to the Secretary the authority to approve applications for 
permission to practice before the Commission and to issue admission 
certificates to approved applicants.
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    Now therefore, it is ordered that pursuant to Rule 29 of the 
Commission's Rules of Practice and Procedure, 46 CFR 502.29, the 
Commission institute a proceeding for the purpose of allowing Mr. Ortiz 
to show his qualifications to practice before it as a non-lawyer;
    It is further ordered that this matter be heard before the 
Commission;
    It is further ordered that this proceeding is limited to the 
submission of affidavits of fact and memoranda of law;
    It is further ordered that any person having an interest and 
desiring to intervene in this proceeding shall file a petition for 
leave to intervene in accordance with Rule 72 of the Commission's Rules 
of Practice and Procedure, 46 CFR 502.72. Such petition shall be 
accompanied by the petitioner's memorandum of law and affidavit of 
fact, if any, and shall be filed no later than the day fixed below;
    It is further ordered that Leonardo Ortiz is named as Respondent in 
this proceeding. Affidavits of fact and memoranda of law shall be filed 
by the Respondent and any intervenors in support of the Respondent no 
later than September 4, 2009;

[[Page 38628]]

    It is further ordered that the Commission's Bureau of Enforcement 
be made a party to this proceeding;
    It is further ordered that rebuttal affidavits and memoranda of law 
shall be filed by the Bureau of Enforcement and any intervenors in 
opposition to the Respondent no later than October 5, 2009;
    It is further ordered that reply affidavits and memoranda of law 
shall be filed by the Respondent and intervenors in support no later 
than October 20, 2009;
    It is further ordered that:
    (a) Should any party believe that an evidentiary hearing is 
required, that party must submit a request for such a hearing together 
with a statement setting forth in detail the facts to be proved, the 
relevance of those facts to the issues in this proceeding, a 
description of the evidence which would be adduced, and why such 
evidence cannot be submitted by affidavit;
    (b) Should any party believe that an oral argument is required, 
that party must submit a request specifying the reasons therefor and 
why argument by memorandum is inadequate to present the party's case; 
and
    (c) Any request for evidentiary hearing or oral argument shall be 
filed no later than October 5, 2009;
    It is further ordered that notice of this proceeding be published 
in the Federal Register and that a copy thereof be served upon 
Respondent at his last known address;
    It is further ordered that all documents submitted by any party of 
record in this proceeding shall be filed in accordance with Rule 118 of 
the Commission's Rules of Practice and Procedure, 46 CFR 502.118, as 
well as being mailed directly to all parties of record;
    Finally, it is ordered that pursuant to the terms of Rule 61 of the 
Commission's Rules of Practice and Procedure, 46 CFR 502.61, the final 
decision of the Commission in this proceeding shall be issued by 
February 17, 2010.

    By the Commission.

Karen V. Gregory,
Secretary.
[FR Doc. E9-18601 Filed 8-3-09; 8:45 am]
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