[Rev. Pr 3 Incl. Amdts. 1-9]
[From the U.S. Government Publishing Office, www.gpo.gov]

Rev. PR 3
INCL. AMDTS. 1-9 AUG. 26,1944
OFFICE OF PRICE ADMINISTRATION
(Document No. 36761) Part 1300—Procedure
[Rev. Procedural Reg. 31 Incl. Arndts. 1-9] PROCEDURE FOR ADJUSTMENTS, AMENDMENTS, PROTESTS AND INTERPRETATIONS UNDER RENT REGULATIONS
This compilation of Revised Procedural Regulation 3 includes Amendment 9, effective September 1, 1944. The text added or amended by Amendment 9 is underscored. Deletions and redesignations are indicated by notes.
Pursuant to the authority of sections 201 (d) and 203 of the Emergency Price Control Act of 1942, as amended (Pub. Laws 421 and 729, 77th Cong., 2d Sess.; Pub. Law 383, 78th Cong., 2d Sess.), Procedural Regulation No. 3— Procedure for the Protest and Amendment of Maximum Rent Regulations and Adjustment Under Such Regulations— is hereby revoked, except as provided in § 1300.259 of this regulation, and the following rules are prescribed for adjustments, amendments, protests and interpretations under maximum rent regulations.
Sec.
1300.201 Purposes of this regulation. -
SUBPART A—LANDLORDS’ PETITIONS AND TENANTS’ APPLICATIONS
1300.202 Right to file petition. , 1300.203 Method of filing, form, and contents.
1300.204 Joint petitions, consolidation. 1300.205 Tenants’ applications.
1300.206 Investigation of petitions and applications.
1300.207 Action by rent director on his own initiative.
1300.208 Action by the rent director on petitions for adjustment or other relief.
Application for Review of Rent Director’s Action
1300.209 Applications for review.
1300.210 Action on applications for review. 1300.211 Oral hearings.
SUBPART B—PETITION FOR AMENDMENT
1300.212 Right to file petition.
1300.213 Place for filing petitions for amendment; form and contents.
1300.214 Joint petitions for amendment. 1300.215 Action by the Administrator on petition.
SUBPART C—PROTESTS Introduction General Provisions
1300.216 Right to protest.
1300.217 Time and place of filing protests, 1300.218 Form of protest.
1300.219 Assignment of docket number.
1300.220 Protest and evidential material not conforming to this regulation.
1300.221 Joint protests.
1300.222 Consolidation of protests.
1300.223 Amendment of protest and presentation of additional evidence.
1300.224 Action by the Administrator on protest.
1300.225 Basis for determination of protest.
J8 F.R. 526.
CONTENTS OF PROTESTS AND SUPPORTING MATERIALS
Sec.
1300.226 Contents of protests.
1300.227 Affidavits or other written evidence in support of protests.
1300.228 Receipt of oral testimony.
1300.229 Submission of brief by protestant.
MATERIAL IN SUPPORT OF THE REGULATION OR ORDER PROTESTED
1300.230 Incorporation of material in the record by the Administrator.
1300.231 Other written evidence in support of the maximum rent regulation or order.
1300.232 Receipt of oral testimony in support of regulation or order.
BOARDS OF REVIEW
1300.233 Right to consideration by a board of review.
1300.234 Composition of boards of review.
1300.235 Where boards of review hear oral argument.
1300.236 Notice of consideration by board of review.
1300.237 Waiver of right to consideration in whole or in part.,
1300.238 Hearing of oral argument.
1300.239 Action by boards of review at conclusion of their consideration of a protest.
1300.240 Action by Administrator after receipt of board of review’s recommendations.
DETERMINATION OF PROTEST
1300.241 Opinion denying protest in whole or in part.
1300.242 Treatment of protest as petition for amendment or for adjustment or other relief.
SUBPART D—INTERPRETATIONS
1300.243 Interpretations.
1300.244 Requests for interpretations: Form and contents.
1300.245 Interpretation to be written: Authorized officials.
1300.246 Revocation or modification of Interpretations.
SUBPART E—MISCELLANEOUS PROVISIONS AND DEFINITIONS
1300.247 Witness fees.
1300.248. Contemptuous conduct.
1300.249 Continuance or adjournment of hearings.
1300.250 Subpoenas.
1300.251 Filing of notices, etc.
1300.252 Service of papers.
1300.253 Action by representative.
1300.254 Secretary: Office hours.
1300.255 Confidential information, Inspection of documents Aled with Secretary.
1300.256 Appearance of Office of Price Administration employees and former employees before the Office of Price Administration.
1300.257 Definitions.
1300.258 Amendment of this regulation.
1300.259 Effective date of Revised Procedural Regulation No. 3.
1300.259a Effective dates of amendments..
Authority: §§ 1300.201 to 1300.259a, inclusive, Issued under 56 Stat. 23; 765; 57 Stat. 566; Pub. Law 383, 78th Cong.; E.O. 9250, 7 F.R. 7871, E.O. 9328, 8 FR. 4681.
§ 1300.201	Purposes of this regulation. It is the purpose of this regulation to prescribe and explain the procedure of the Office of Price Administration in making various kinds of determinations in connection with the establishment of maximum rents.
(a)	Subpart A deals with petitions for adjustment and other relief, provided for by the maximum rent regulations. An adjustment in maximum rent or any other relief can be granted only if the applicable maximum rent regulation contains specific provision for the adjustment or other relief sought.
(b)	Subpart B deals with petitions for amendment. A petition for amendment may be filed by any person who is affected * by a maximum rent regulation and who desires a change of general applicability in the provisions of the regulation itself. It is the appropriate document to be filed when a person dees not wish to file a formal statutory protest or is not entitled to do so because he is not subject to the regulation as defined in § 1300.216 of this revised procedural regulation.
[Paragraph (b) amended by Am. 9, effective
9-1-44]
(c)	Subpart C deals with protests. The nature and function of protests are set forth in general in the .introduction to Subpart C, preceding § 1300.216.
[Paragraph (c) amended by Am. 7, 9 F.R.
7500, effective 7-3-44 and Am. 9, effective 9-1-44]
(d)	Subpart D explains the way in which interpretations of the meaning or effect of provisions of maximum rent regulations are given by officers or employees of the Office of Price Administration.
(e)	Subpart E contains miscellaneous provisions, and definitions.
SUBPART A—LANDLORDS’ PETITIONS AND ’TENANTS’ APPLICATIONS
§ 1300.202	Right to file petition. A petition for adjustment or other relief may be filed by any landlord subject to any provision of a maximum rent regu-ftion who requests such adjustment or lief pursuant to a provision of the aximum rent regulation authorizing such action.
§ 1300.203	Method of filing, form, and contents. A petition for adjustment or other relief provided for by a maximum rent regulation shall be filed with the rent director of the Office of Price Administration for the defense-rental area within which the housing accommodations involved are located. Petitions shall be filed upon forms prescribed by the Administrator and pursuant to instructions stated on such forms and may
Gro—OPA 8891—p. 1
be accompanied by affidavits or other documents setting forth the evidence upon which the petitioner relies in support of the facts alleged in his petition.
§ 1300.204	Joint 'petitions, consolidation. Two or more landlords may file a joint petition for adjustment or other relief where the grounds of the petition are common to all landlords joining therein. A joint petition shall be filed and determined in accordance with the rules governing the filing and determination of petitions filed by one landlord. A landlord’s petition may include as many housing accommodatipns as present common questions which can be expeditiously determined in one proceeding. Whenever the rent director deems it necessary or appropriate, he may order the filing of separate petitions or he may consolidate separate petitions presenting common questions which can be determined expeditiously in one proceeding.
§ 1300.205	Tenants’ applications. All tenants’ applications provided for by any maximum rent regulation shall be filed with the rent director for the defenserental area within which the housing accommodations involved are located. The application shall be filed on forms prescribed by the Administrator and pursuant to directions set forth on such forms. Action upon any tenant’s application shall be within the discretion of the rent director and the procedure thereon shall be the same as in proceedings initiated by the rent director pursuant to provisions of a maximum rent regulation authorizing such action.
§ 1300.206	Investigation of petitions and applications. Upon the filing of a petition or application pursuant to the provisions of this regulation, the rent dirèctor may make such investigation of the facts involved in the petition or application, hold such conferences, and require the filing of such reports, evidence in affidavit form or other material relevant to the proceeding, as he may deem necessary or appropriate for the proper disposition of the petition or application.
§ 1300.207	Action by rent director on his own initiative. In any case where the rent director pursuant to the provisions of a maximum rent regulation, deems it necessary or appropriate to enter an order on his own initiative, he shall, before taking such action, serve a notice upon the landlord of the housing accommodations involved stating the proposed action and the grounds therefor.
§ 1300.208	Action by the rent director on petitions for adjustment or other relief. (a) Upon receipt of a petition for adjustment or other relief, and after due consideration, the rent director may either:
I (1) Dismiss any petition which fails substantially to comply with the provisions of the applicable maximum rent regulation or of this regulation; or
(2)	Grant or deny in whole or in part, any petition which is properly pending before him; or
(3)	Notice such petition for oral hearing to be held in accordance with § 1300.211 of this regulation; or
[Subparagraph (3) amended by Am. 9, effective 9-1-44]
(4)	Provide an opportunity to present further evidence in affidavit form, in connection with such petition.
(b), An order entered by a rent director upon a petition for adjustment or other relief, or an order entered by a rent director on. his own initiative, shall be effective and binding until changed by further order and shall be final subject only to application for review or protest as provided in §§ 1300.209 and 1300.210 and §§ 1300.216 to 1300.242, inclusive, of this regulation. An order entered by a rent director may be revoked or modified at any time upon due notice to the petitioner.
[Paragraph (b) amended by Am. 3, 8 F.R. 5481, effective 4-24-43 and Am. 9, effective 9-1-44]
APPLICATION FOR REVIEW OF RENT DIRECTOR’S ACTION
§	1300.209 Applications for review.
(a)	Any landlord whose petition for adjustment or other relief has been dismissed or denied in whole or in part by the rent director, or any landlord subject to an order entered by the rent director on his own initiative may file with the rent director an application' for review of such determination by the Regional Administrator for the region in which the defense-rental area office is located: Provided, That any landlord subject to an order entered under section 5 (d) .of any maximum rent regulation or subject to an order entered by the rent director under § 1300.207 of this regulation, may either apply for review of such order as provided in this section, or may protest any provision of such order as provided in §§ 1300.216 to 1300.242, inclusive, of this regulation. An application for review shall be filed in triplicate upon forms prescribed by the Administrator and pursuant to instructions stated on such forms. Upon the filing of an application for review of such determination, the rent director shall forward the record of the proceedings with respect to which such application is filed to the appropriate Regional Administrator.
[Paragraph (a) amended by Am. 9, effective 9-1-44]
(b)	Applications for review may be filed within ninety (90) days after the date of issuance of the determination to be reviewed (or before October 1, 1944, with respect to determinations made prior to July 1,1944). An application for review which is not filed within the specified time ordinarily will be dismissed unless special circumstances are shown to justify a later filing.
(§ 1300.209 amended by Am. 1, 8 F.R. 1798, effective 2-13-43, Am. 2, 8 F.R. 3534, effective 3-20-43; Am. 3, 8 F.R. 5481, effective 4-24-43; Am. 7, 9 F.R. 7560, effective 7-3-44 and as otherwise noted]
§ 1300.210	Action on applications for review. Upon the filing of an application
for review in accordance with § 1300.209 of this regulation, and after due consideration, the Regional Administrator may affirm, revoke, or modify, in whole or in part, the determination of the rent director sought to be reviewed and may enter such order as is necessary -or proper. In any case where an application for review does not conform in a substantial respect to the requirements of this regulation, the Regional Administrator may dismiss such application. An order entered by a Regional Administrator upon an application for review shall be effective and binding until changed by further order and shall be final subject only to protest as provided in §§ 1300.216 to 1300.242, inclusive, of this regulation. An order entered by a Regional Administrator upon an application for review may be revoked or modified at any time upon due notice to the applicant.
[§ 1300.210 amended by Am. 3, 8 F.R. 5481, effective 4-24-43 and Am. 9, effective 9-1-44]
§ 1300.211	Oral hearings—(a) Requests for oral hearing. Any petitioner or applicant may request an oral, hearing. Such request shall be accompanied by a showing as to why the filing of affidavits or other written evidence and briefs will not permit the fair and expeditious disposition of the petition or application. In the event that an oral hearing is ordered, notice thereof shall be served on the petitioner or applicant not less than five days prior to such hearing. The, time and place of hearing. shall be stated in the notice. A presiding officer will be appointed with all necessary powers to conduct the hearing. Any such oral hearing may be limited in such manner and to such extent as deemed appropriate to the expeditious determination of the proceeding.
(b)	Stenographic report of oral hearing. A stenographic report of the oral hearing shall be made, a copy of which shall be available for inspection during business hours in the appropriate re-gional office or defense-rental area office.
[§ 1300.211 added; former §§ 1300.211 through 1300.214 redesignated §§ 1300.212 through 1300.215, respectively, by Am. 9, effective 9-1-44]
SUBPART B—PETITION FOR AMENDMENT
§ 1300.212	Right to file petition. A petition for amendment may be filed at any time by any person subject to or affected by a provision of a maximum rent regulation. A petition for amendment shall propose an amendment of general applicability and shall be granted or denied on the merits of the amendment proposed. The denial of a petition for amendment is not subject to protest or judicial review under the Act.
§ 1300.213	Place for filing petitions for amendment; form and contents. A petition for amendment shall be filed with the Secretary, Office of Price Administration, Washington, D. C. One
GPO—OPA 8891—p. 2
original and four copies of the petition and of all accompanying documents and briefs shall be filed. Each copy shall be printed, typewritten, mimeographed, or prepared by a similar process, and shall be plainly legible. Copies shall be double spaced, except that quotations shall be single spaced and indented. Every such petition shall be designated “Petition for Amendment” and shall contain, upon the first page thereof, the name of the defense-rental area and the number and date of issuance of the maximum rent regulation to which the petition relates, and the name and address of the petitioner. The petition shall specify the manner in which the petitioner is subject to or affected by the provision of the maximum rent regulation involved, and shall include a specific statement of the particular amendment desired and the facts which make that amendment necessary or appropriate. The petition shall be accompanied by affidavits set< ting forth the evidence upon which the petitioner relies in his petition.
J§ 1300.213, formerly § 1300.212, amended by Am. 1, 8 F.R. 1798, effective 2-13-43]
§ 1300.214.	Joint petitions for amendment. Two or more persons may file a joint petition for amendment, where the amendments proposed are identical or substantially similar. Joint petitions shall be filed and determined in accordance with the rules governing the filing and determination’ of petitions filed by one person. Whenever the Administrator deems it to be necessary or appropriate for the disposition of joint petitions, he may treat such joint petitions as several, and, in any event, he may require the filing of relevant material by each individual petitioner.
§ 1300.215.	Action by the Administrator on petition. In the consideration of any petition for amendment, the Administrator may afford to the petitioner and to other persons likely to have information bearing upon such proposed amendment, or likely to be affected thereby, an opportunity to present evidence or argument in support of, or in opposition to, such proposed amendment. Whenever necessary or appropriate for the full and expeditious determination of common questions raised by two or more petitions for amendment, the Administrator may consolidate such petitions.
SUBPART C—PROTESTS .
I Subpart C added by Am. 9, effective 9-1-44. Former Subpart C amended by Am. 2, 8 FR. 3534, effective 3-20-43; Am. 3, 8 F.R. 5481, effective 4-24-43; Am. 6, 9 F.R. 337, effective 3-24-44; Am. 7, 9 F.R. 7500, effective 7-3-44; Am. 8, 9 F. R. 9411, effective 8-9-44; and deleted by Am. 9]
INTRODUCTION ,
Subpart C deals with protests. A protest is the means provided by section 203 (a) of the Act for making formal objections to a maximum rent regulation or order. Ordinarily, the filing of a protest is also a prerequisite to obtaining judicial review by the Emergency Court of Appeals of the validity of a maximum. rent regulation or order. The only other
method of obtaining judicial review is the filing of a complaint in the Emergency Court of Appeals after obtaining special leave to do so in an enforcement proceeding pursuant to section 204 (e) of the Act.
Subpart C also contains provisions for consideration of protests by boards of review in accordance with section 203 Cc) of the Act. A protestant is entitled to consideration of his objections by a board of review if he files a protest in accordance with the provisions of this regulation, making a specific request for consideration by a board of review in accordance with , § 1300.226 (b) of this regulation.
GENERAL PROVISIONS
§ 1300.216	Right to protest. Any landlord subject to any provision of a maximum rent regulation, or of an order issued under § 1300.210 of this regulation, or of an order entered under section 5 (d) of any maximum rent regulation, or of an order entered by the rent director under § 1300.207 of this regulation, may file a protest in the*manner set forth below. A landlord is, for the purposes of this regulation, subject to a provision of a maximum rent regulation or of an order only if such provision prohibits or requires action by him. Any protest filed by a landlord not subject to the provision protested, or otherwise not in accordance with the requirements of this regulation, may be dismissed by the Administrator.
§ 1300.217	Time and place of filing protests, (a) Any protest against the provisions of a maximum rent regulation or order may be filed at any time after the issuance thereof.
(b)	The Act provides no specific time limit for filing a protest against an order issued under § 1300.210 of this regulation, ¿or of an order entered under section 5(d) pi any maximum rent regulation, or of an order entered by the rent director under § 1300.207 of this regulation. However, as the United States Emergency Court of Appeals has stated in its opinion in the case of R. E. Schanzer, Inc. v. Bowles, 141 F. 2d 262 (1944), if the filing of a protest is unduly delayed, the defense of laches (unreasonable delay) may be available to the Administrator. There will ordinarily be no reason why a protest against an order of the kind specified in this paragraph, affecting only an individual landlord, cannot be filed promptly after the issuance of such order. Accordingly, if a protest is not filed within ninety (90) days after the date of issuance of such order (or before October 1, 1944 in the case of an order entered prior to July 1,1944), the Administrator ordin
arily will regard the delay as unreasonable and will dismiss the protest unless special circumstances are shown to justify the delay.
(c)	Protests shall be filed with the Secretary of the Office of Price Administration, Washington 25, D. C. A copy of the protest shall also be filed with the appropriate Regional Administrator or rent director as provided in § 1300.218 of this regulation.
§	1300.218 Form of protest, (a) Every protest shall be clearly designated “Pro-test” and shall contain upon the first page thereof, (1) the name of the protestant, and of the defense-rental area for which the maximum rent regulation or order protested was issued, (2) a statement whether the protest is against a maximum rent regulation or order, and (3) the date of issuance and the number of such maximum rent regulation or order.
(b)	One original and five copies of the protest and of all accompanying documents and briefs shall be filed with the Secretary of the Office of Price Administration, Washington 25, D. C.
(c)	In cases where the protest is directed against an order issued under § 1300.210 of this regulation, an additional copy of the protest, accompanying documents and briefs, shall be fifed with the Regional Administrator issuing the order being protested.
(d)	In cases where the protest is directed against either an order entered under section 5 (d) of any maximum rent regulation, or an order entered by the rent director under § 1300.207 of this regulation, and an application for review has not been filed, an additional copy of the protest, accompanying documents and briefs, shall be filed with the rent director issuing the order being protested.
(e)	Each copy of the protest, accompanying documents and briefs, shall be printed, typewritten, mimeographed or prepared by similar process and should be plainly legible. Copies shall be dou-ble-spaced except that quotations shall be single-spaced and indented.
§ 1300.219	Assignment of docket number. Upon receipt of a protest it shall be assigned a docket number, of which the protestant shall be notified, and all fur- ; ther papers filed in the proceedings shall contain on the first page thereof the docket number so assigned and the information specified in § 1300.218 of this regulation.
§ 1300.220	Protest and evidential ma-} terial not conforming to this regulation. In any case where a protest or accom-; panying evidential material does not con
GPO—OPA 8891—p. 3
form, in a substantial respect, to this revised procedural regulation, the Administrator may dismiss such protest, or, in his discretion, may strike such evidential material from the record of the proceedings in connection with the protest.
§ 1300,221 Joint protests. Two or more landlords may file a joint protest. Joint protests shall be filed? and determined in accordance with the rules governing the filing and determination of protests filed severally. A joint protest shall be verified in accordance with § 1300.226 (a) (7) of this regulation by each protestant. A joint protest may be filed only where at least one ground is common to all persons joining in it. Whenever the Administrator deems it to be necessary or appropriate for the dis^ postion of joint protests, he may treat such joint protests as several, and, in any event, he may require the filing of relevant materials by each individual protestant.
§ 1300.222	Consolidation of protests. Whenever necessary or appropriate for the full and expeditious determination of common question^ raised by two or more protests, the Administrator may consolidate such protests.
§ 1300.223	Amendment of protest and presentation of additional evidence. In general, all of the objections upon which a protestant intends to rely in the protest proceedings must be clearly stated in the protest when it is filed, and all of the evidence which the protestant wishes to offer in support of the protest must be filed at the same time. Exceptions to this rule are stated in §§ 1300.227(b) and 1300.228 relating to evidence not subject to protestant’s control and the submission of oral testimony. A protestant may, however, be granted permission to amend his protest so as to state additional objections or to present further evidence in connection therewith upon a showing of reasonable excuse for failure to present such objections or evidence at the time the protest was first filed. The permission will be granted only if, in the judgment of the Administrator, it will not unduly delay the completion of the proceedings on the protest.
§ 1300.224	Action by the Administrator on protest, (a) Within a reasonable time after the filing of any protest in accordance with this revised procedural regulation, but in no event more than thirty days after such filing, the Administrator shall:
(1)	Grant or deny such protest in whole or in part;
(2)	Notice such protest for hearing of oral testimony in accordance with
§§ 1300.228 or 1300.232 of this revised procedural regulation;
(3)	Notice such protest for hearing of oral argument by a board of review in accordance with § 1300.236;
(4)	Provide an opportunity to present further evidence in connection with such protest. Within a reasonable time after the presentation of such further evidence, the Administrator may notice such protest for hearing of oral testi-mony in accordance with subparagraph (2) of this section, notice the protest for hearing of oral argument by a board of review in accordance with subparagraph (3) of this section, include additional material in the record of the proceedings on the protest in accordance with §§ 1300.230 and Ì300.231 of this revised procedural regulation, or take such other action as may be appropriate to the disposition of the protest.
(b)	Notice of any such action taken by the Administrator shall promptly be served upon the protestant.
(c)	Where the Administrator has ordered a hearing on a protest or has provided an opportunity for the presentation of further evidence in connection therewith, he shall, within a reasonable time after the completion- of such hear-ing or the presentation of such evidence, grant or deny such protest in whole or in part.
§	1300.225 Basis for determination of protest—(a) Record of the proceedings. The factual basis upon which a protest is determined is to be found in the record of the proceedings. This record consists of the following:
(1)	The designation of the defenserental area, the rent declaration, and the maximum rent regulation involved;
(2)	The protest and supporting evidential material properly filed with the Secretary of the Office of Price Administration in accordance with §§ 1300.226 to 1300.228, inclusive, of this revised pro-cedural regulation;
(3)	If the protest is against ah order, the evidence and all documents in proceedings had in connection therewith;
(4)	Materials incorporated into the record of the proceedings by the Price Administrator under §§ 1300.230 and 1300.231 of this regulation;
(5)	Oral testimony taken in the course of the proceedings in accordance with §§ 1300.228 and 1300.232;
(6)	All orders and opinions issued in the course of the proceedings.
(b)	Facts of which the Administrator has taken official notice. The abovelisted documents may contain, as provided by section 203 (b) of the Act, state-ments of economic data and other facts
of which the Administrator, has taken official notice, including facts found by him as a result of reports filed and studies and investigations made pursuant to section 202 of the. Act. :	’
(c)	Brief sand arguments. Briefsand oral arguments submitted or presented in accordance with this revised procedural regulation are, of course, considered in the determination of a protest.' They are, however, not a part of the record of the proceedings and are not included in the transcript of protest proceedings which is filed, in case of appeal, with the Emergency Court of Appeals.
CONTENTS OF PROTESTS AND SUPPORTING MATERIALS
§	1300.226 Contents of protests—(a) What each protest must contain. Every protest shall set forth the following:
(1)	The name and the post office address of the protestant, the manner in which the protestant is subject , to the provision of the maximum rent regulation or order protested, and the location, by post office address or otherwise, of all housing accommodations involved in the protest.
(2)	The name and post office address of any person filing the protest on behalf of the protestant and the name and post office address of the person to whom all communications from the Office of Price Administration relating to the protest shall be sent;
(3)	A complete identification of the provision or provisions protested, citing the number of the maximum rent regulation or order, the section or sections thereof to which objection is made, and the date of issuance thereof;
(4)	A clear and concise statement of all objections raised by the protestant against the provision or provisions protested, each such objection to be separately stated and numbered;
(5)	A clear and concise statement of all facts alleged in support of each objection;
(6)	A statement of the relief requested by.the protestant, including, if the protestant requests modification of a provision of the maximum rent regulation, the specific changes which he seeks to have made in the provision;
(7)	A statement signed and sworn to (or affirmed) before an officer authorized to take oaths either by the protestant personally, or, if a partnership, by a partner, or, If a corporation or association, by a duly authorized officer, that the protest and the documents filed therewith are prepared in good faith and that the facts alleged are true to the best of his knowledge, information and belief.
GPO—OPA 8891—p. 4
The protestant shall specify which of the facts are alleged and known to be true and which are alleged on information and belief.
(b) Request for consideration by a board of review. A protestant who wishes his protest considered by a board of review must specifically so request, indicating, if he wishes to offer oral argu-. ment, the order of his preference as to <1) argument before a board of review in Washington, D. C.; (2) argument before a subcommittee consisting of one member of a board at a location named by him. § 1300.235 of this revised procedural regulation sets forth the considerations which will be determinative in the decision as to where oral argument may be heard. The request for consideration by a board of review must be made either in the protest or in an amendment thereto filed within fifteen days of the date the protest is filed. Such an amendment shall be deemed filed within the fifteen day period if it is received by the Secretary, Office of Price Administration, Washington, D. C., no later than the fifteenth day after the protest was filed. Further provisions with respect to proceedings before a board of review are to be found in §§ 1300.233 to 1300.240, inclusive, of this regulation.
§ ,1300.227 Affidavits, or other written evidence ir^ support of protests. Every protestant shall file together with his protest the following:
(a)	Affidavits setting forth in full all the evidence the presentation of which is subject to the control of .the protestant and upon which the protestant relies in support of the facts alleged in the protest. Each such affidavit shall state the name, post office address, and occupation of the affiant; his business connection, if any, with ¿he protestant; and whether the facts set forth in the affidavit are stated from personal knowledge or on information and belief. In every instance, the affiant shall state in detail the sources of his information: Provided, That on a protest of an order, the evidence and all documents in proceedings had in connection therewith shall be a part of the record on protest and need not be filed by the protestant
(b)	A statement by the,protestant in affidavit form setting forth in detail the nature and sources of any further evidence, not subject to his control, upon which he believes he can rely in support of the facts alleged in his protest. Such statement shall be accompanied by an application for assistance by way of sub-poena, interrogatories, or otherwise, in obtaining the documentary evidence or the evidence of persons not subject to
protestant’s control, showing in every instance what material facts would be adduced thereby. Such application, if call-ing for the evidence of persons, shall specify the name and address of each person, and the facts to be proved by him, and if calling for the production of documents, shall specify them with Sufficient particularity to enable them to be identified for purposes of production.
§ 1300.228.	Receipt of oral testimony, (a) In most cases, evidence in protest proceedings will be received only in written form. Experience in the consideration of protests has demonstrated that this procedure is most conducive to the fair and expeditious disposition of pro-tests. However, the protestant may request the receipt of oral testimony. Such request shall be accompanied by a showing by the protestant as to why the filing of affidavits or other written evidence will not permit the fair and expeditious disposition of the protest.
(b)	In the event that the Administrator orders the receipt of oral testimony, notice shall be served on the protestant not less than five days prior to the receipt of such testimony, which notice shall state the time and place of the hearing and the name of the presiding officer designated by the Administrator.
(c)	A stenographic report of any hearing of oral testimony shall be made, a copy of which shall be available during business hours in the Office of the Secretary, Office of Price Administration, Washington, D. C.	•
§ 1300.229	Submission of brief by protestant. The protestant may file with his protest and accompanying evidential material a brief in support of the objections set forth in the protest. Such brief shall be submitted as a separate document, distinct from the protest and evidential material.
MATERIAL IN SUPPORT OF THE REGULATION OR ORDER PROTESTED
§ 1300.230	Incorporation of material in the record by the Administrator. The Administrator shall incorporate in the record of the proceedings on the protest such evidence, in the form of affidavits or otherwise, as he deems appropriate-in support of the provision against which the protest is filed. When such evidence is incorporated into the record, and is not so incorporated at an oral hearing, copies thereof shall be served upon the protestant, and the protestant shall be given a reasonable opportunity to present evidence in rebuttal thereof.
§ 1300.231	Other written evidence in support of the maximum rent regulation or order, (a) Any person affected by the
provisions of a maximum rent regulation, or of an order issued thereunder, mayat any time after the issuance of such regulation or order submit to the Administrator a statement in support of any such provision or provisions. Such statement shall include the name and post office address of such person, the nature of his business, and the manner in which such person is affected by the maximum rent regulation or order in question, and may be accompanied by affidavits and other data in written form. Each such supporting statement shall conform to the requirements of § 1300.227(a) of this regulation.
(b) In the event that a* protest has been, or is subsequently, filed against a provision of a maximum rent regulation or order in support of which a statement has been submitted, the Administrator may include such statement in the record of the proceedings taken in connection with such protest. If such supporting statement is incorporated into the record and is not so incorporated at an oral hearing, copies of such supporting statement shall be served upon the protestant, and the protestant shall be given a reasonable opportunity to present evidence in rebuttal thereof.
§ 1300.232	Receipt of oral testimony in support of the regulation or order. Ordinarily, material in support of the maximum rerlt regulation or order protested, like material in support of protests, will be received in the-protest proceeding only in written form. Where, however, the Administrator is satisfied that the receipt of oral testimony is necessary to the fair and expeditious disposition of the protest, he may, on his own motion, direct such testimony to be received. In that event, the oral testimony will be taken in the manner provided in § 1300.228 of this regulation./*
BOARDS OF REVIEW -
§ 1300.233	Right to consideration by a board of review. Under section 203 (c) of the Act, a protest filed after Septern^ ber 1, 1944 must, upon the protestant’s request, be considered by a board of review before it can be denied in whole or in part. Consideration of the record in a protest proceeding by a board of review is undertaken for the , purpose of reconsidering the provision or provisions of the maximum rent regulation or order protested and recommending action relative thereto to the Administrator. A board of review considers the protest upon the basis of thé record which has been developed in the proceedings. Protestant is accorded an opportunity to present oral argument to a board upon the basis of the objections raised in the protest and tlie evidence in
GPO—OPA 8891—p. 5
foe record, and guided by the explanatory statement of the issues in the notice of consideration by a board of review. § 1300.225 of this revised procedural regulation explains the nature of the record in the proceedings. § 1300.226 (b) explains the nature of such a request and states the time within which it must be filed.
§ 1300.234	Composition of boards of review. A board of review is composed of one or more officers or employees of the Office of Price Administration designated by the Administrator to review the record of the proceedings on a particular protest and made recommendations to him as to its disposition. The number t of members constituting a board will be determined in the light of the scope and complexity of the issues presented. When a board consists of more than one member, ordinarily at least one member shall be selected who has been directly responsible for the formulation or administration of the maximum rent regulation or order protested. The protestant will be advised of the membership of a board considering his protest, and, if the board consists of more than one member, of the member selected to preside, in the notice of consideration by a board provided for in § 1300.236. ■ When necessitated by incapacity of a member or other good cause, the Administrator . may make substitutions in the membership of the board as originally constituted.
§ 1300.235	Where boards of review hear oral argument. A board of review consisting of more than one member will ordinarily hear oral argument at the National Office in Washington, D. C„ and only in exceptional cases and for good cause shown will the full board hold "hearings elsewhere. A board consisting of, only one member may hear argument at a Regional or District Office or elsewhere. Where the protestant has requested that oral argument be heard at some other place than the National Office and where the board consists of more than one member, a subcommittee thereof may be designated to hear argument at the place requested or at some other convenient place.
§ 1300.236	Notice of consideration by board of review. Before denial in whole or in part of any protest in which the protestant has requested consideration by a board of review in accordance with § 1300.226 (b) of this revised precedural regulation, which request has not subsequently been waived by the protestant, notice of consideration by a board of review will be sent by registered mail to the protestant. Sending of the notice marks
a close of the evidential record inthe proceeding. The notice will indicate the issues thought to be determinative of the protest, and may serve as a guide to the protestant in planning oral argument. The notice of consideration shall contain, or be accompanied by, the following items, as nearly as the circumstances permit:
’ (a) Information identifying the protest, including the maximum rent regulation or order being protested and the docket number;
(b)	A list of the documents comprising the record of the proceeding;.
(c)	A brief statement of the issues involved;
(d)	A statement of the time (which shall not be less than seven days from the date of the mailing of the notice) and place where the board of review or a subcommittee thereof will hear oral argument;
(e)	A list of persons comprising the board of review which is thereby appointed to consider the protest, with their official titles and a, designation of the presiding member if the board of review is composed of more than one person^
§	1300.237 Waiver of right to consideration in whole or in part. A protestant who has properly requested consideration by a board of review in accordance with § 1300.226 (b) may, if he so desires, waive his right to consideration by a board. If he chooses, he may have his protest considered by a board, waiving his right to oral argument before a board. Such a waiver shall be in writing and shall constitute a part of the record of proceedings on the protest.. Failure of a protestant to appear at a hearing of • oral argument, which he has not waived in accordance with the foregoing, at the time and place specified in the notice of consideration shall, unless a reasonable excuse is shown, also constitute waiver of his right to consideration by a board. Unexcused failure to appear at a hearing of oral argument shall be noted on the record of proceedings. A waiver by less than all of a group of joint protestants shall not affect the rights of a protestant who has made no waiver.
§	1300.238 Hearing of oral argument. (a) Argument before a board of review by a protestant shall ordinarily be limited to one hour except for good cause shown. Where the magnitude of the issues involved warrants more extended discussion or where the protestants are nu-merous, the board may extend or limit the time of each protestant in its discretion. A board may exclude specific argumentdeemed to be irrelevant to the
objecti6ns set forth in the, protest or unsupported by any evidence in the record. Hearings of argument will be open to the public. Where argument is to be heard by a board of review consisting of more than one member, a majority of such board shall cohstitute a quorum for the purpose of hearing' argument. Presentation of oral argument may be ac? companied by submission of a brief.
(b)	A stenographic report of all hearings of oral argument by boards of review or subcommittees thereof shall be taken. The report will be transcribed at the direction of the board if a transcription is desired to facilitate consideration of the protest. The report will ordinarily be transcribed if the argument is heard by a subcommittee of a board. If the report is transcribed, a copy shall be available in the Office of the Secretary, Office of Price Administration, Washington, D. C. Any protestant who wishes a copy of the report may obtain it by requesting the reporter at the hearing to make a copy for him and paying the cost thereof.
§1300.239 Action by boards of review at conclusion of their consideration of a protest. Within a reasonable time after the hearing of oral argument or after the Closing of the record, if such argument has been waived, a board of review shall submit its recommendations in writing to the Administrator as to the disposition of the protest, The recommendations of a majority of the members of a board shall constitute the recommendations of the board, but the disagreement of any member with the recommendations shall be expressly noted. The protestant will be advised of the recommendations of the board in an appendix to the Administrator’s opinion disposing of the protest or closing the docket. Copies of these documents, containing the board’s recommendations, will be sent to the protestant by registered mail. A board of review shall have authority to recommend to the Administrator that the protest be granted or denied in whole or in part. sIf it is the opinion of the board that the record in the proceeding should be expanded, it may refer the record of the proceeding to the Administrator in order that the Administrator may consider permitting the amendment of the protest or the receipt of additional evidence. Records will, however, be reopened only in very exceptional circum-stances and where the requirements of § 1300.223 can be met.
§ 1300.240	Action by Administrator after receipt of board of review’s recommendations. After receipt of a board of review’s recommendations as to the dis
G.PO—OPA 8891—p. 6
position of the protest, the Administrator shall, within a reasonable time, grant or deny the protest in whole or in part.
DETERMINATION OF PROTEST
§ 1300.241	Opinion denying protest in Whole or in part. In the event that the Administrator denies any protest in whole or in part, the protestant shall be informed of any economic data or other facts of which he has taken official notice^ the grounds upon which such decision is based, and (if the protest has been considered by a board of review) the recommendations of a board of review and, if any recommendation of such a board has been rejected, the reason for rejection. Any order entered in such protest pro^ ceedings shall be effective from the date of its issuance unless othterwise provided in such order?
§ 1300.242	Treatment of protest as petition for amendment or for adjustment or other relief. Any protest filed against a provision of a maximum rent regulation may, in the discretion of the Administrator, be treated not only as a protest but also as a petition for amendment of the regulation protested, oT as a petition for adjustment or other relief pursuant thereto, when the facts produced in connection with the protest justify such treatment.
SUBPART D—INTERPRETATIONS
[ §§ 1300.241 to 1300.244 redesignated §§ 1300.243 to 1300.246, respectively, by Am. 9, effective 9-1-44]
§ 1300.243	Interpretations. An interpretation given by an officer or employee of the Office of Price Administration with respect to any provision of the Act or any maximum rent regulation or order thereunder, will be regarded by the Office of Price Administration as official only if such interpretation was requested and issued in accordance with §§ 1300.244 to 1300.246, inclusive, of this regulation. Action taken in reliance upon and in conformity with an official interpretation and prior to any revocation or modification thereof or to any superseding thereof by regulation, order or amendment, shall constitute action in good faith pursuant to the provision of the Act, or of the regulation or order to which such official interpretation relates. An official interpretation shall be applicable only with respect to the particular person to whom, and to the particular factual situation with respect to which, it is given unless issued as an interpretation of general applicability.
[ § 1300.243, formerly § 1300.241, amended by Am. 9, effective 9-1-44]
§ 1300.244.	Requests for interpretations: Form and contents. Any person desiring an official interpretation of the Emergency Price Control Act of 1942, as amended, or of any maximum rent regu-* lation or order thereunder, shall make a request in writing for such interpreta
tion. Such request shall set forth in full the factual situation.out of which the interpretative question arises and shall, so far as practicable, state the names and post office addresses of the persons and the location of the housing accommodations involved. If the inquirer has previously requested an interpretation on the same or substantially the same facts, his requests shall so indicate and shall state the official or office to whom his previous request was addressed. No interpretation shall be requested or given with respect to any hypothetical situation or in response to any hypothetical question.
[ § 1300.244, formerly § 1300.242, amended by Am. 9, effective 9-1-44]
§ 1300.245	Interpretation to be written: Authorized officials. Official interpretations shall be given only in writing, signed by one of the following officers of the Office of Price Administration: the Administrator, the general counsel, any associate or assistant general counsel, any regional attorney, any regional rent attorney, any chief attorney for a State or district or defense-rental area office, and any district rent attorney: Provided, That interpretations of general applicability shall be given only by the Administrator, the general counsel,, or any associate or assistant general counsel.
§ 1300.246	Revocation or modification of interpretations. Any official interpretation, whether of general applicability or otherwise, may be revoked or modified by a publicly announced statement by any official authorized to give interpretations of general applicability or by a statement or notice by the Administrator or general counsel published in the Federal Register. An official interpretation! addressed to a particular person may also be revoked or modified at any time by a statement in writing mailed to such person and signed by the general counsel or any associate or assistant general counsel. An official interpretation addressed to a particular person by a regional attorney, a regional rent attorney, or a chief rent attorney for a defense-rental area office may also be revoked or modified at any time by a statement in writing mailed to such person and signed by the attorney who issued it or by his successor.
SUBPART E—MISCELLANEOUS PROVISIONS AND DEFINITIONS
§ 1300.247	Witness' fees. Witnesses summoned to give testimony shall be paid the fees and mileage specified by section 202 (f) of the Act. Witness fees and mileage shall be paid by the person at whose instance the witness appears.
§ 1300.248	Contemptuous conduct. Contemptuous conduct at any hearing shall be ground for exclusion from'the hearing.
§ 1300.249.	Continuance or adjournment of hearing. Any hearing may be continued or adjourned to a later date 01*
a different place by announcement at the hearing by the person who presides.
§ 1300.250.	• Subpoenas. Subpoenas may require the production of documents or tlie attendance of witnesses at any designated place. Service of a subpoena upon a person named therein shall ~be made by delivering a copy thereof to such person or leaving a copy at his regular place of business or abode and by tendering to him the fees and mileage specified in section 202 (f) of the Act. When the subpoena is issued at the instance of the Administrator, fees and mileage need not be tendered. Any person 18 years of age or over may serve a subpoena. The person making the service shall make an affidavit thereof describing the manner in which service is made, and return such affidavit on or with the original subpoena forthwith to the Secretary of the Office of Price Administration. In case of failure to make service, the reasons for the failure should be stated on the original subpoena.
[§§ 1300.247 to 1300.250 added; former §§ 1300.245 to 1300.253a redesignated §§ 1300.-251 to 1300.259a, respectively, by Am. 9, effective 9-1-44]
§ 1300.251	Filing of notices, etc. All notices, reports, registration statements and other documents which a landlord is required to file pursuant to the provisions of any maximum rent regulation shall be filed with the appropriate defense-rental afea office, unless otherwise provided in such maximum rent regulation or in this regulation.
§ 1300.252	Service of papers. Notices, orders and other process and papers may be served personally or by leaving a copy thereof at the residence or principal office or place of business of the person to be served, or by mail, or by telegraph. When service is made personally or by leaving a copy ut the residence or principal office or place of business, the verified return of the person serving or leaving the copy shall be proof of service. When service is by registered mail or telegraph the return post office receipt or telegraph receipt shall be proof of service. When service is by unregistered mail, an affidavit that the document has been mailed shall be proof of service.
§ 1300.253	Action by representative. Any action which by this regulation is required of, or permitted to be taken by a landlord may, unless otherwise expressly stated, be taken on his behalf by any person whom the landlord has authorized to represent him. Such authority shall be given by. written power of attorney where the action is in connection with an application for review, a petition for amendment, or a protest. In such cases the power of attorney, signed by the landlord, shall be filed at the time action on his behalf is taken.
[§ 1300.253, formerly § 1300.247, amended by
Am. 4, 8 F.R. 14811, effective 11-1-43]
GPO—OPA 8891—p. 7
§ 1300.254	Secretary: Office hours. The Office of the Secretary, Office of Price Administration, Washington, D, C„ shall be open on week days, from 9 a. m. until 5 p. m. and on Saturdays from 9 a. m.
, until 1 p. m. Any person desiring to file any papers, or to inspect any documents filed with such office at any time other than the regular office hours stated, may file a written application with the Secretary, requesting permission therefor.
§ 1300.255	Confidential information, inspection of documents filed with Secretary. Protests and all papers filed by protestants in connection therewith are public records, open to inspection in the Office of the Secretary upon such reasonable conditions as the Secretary may prescribe. Except as provided above, confidential information filed with the Office of Price Administration will not be disclosed, unless the Administrator determines the withholding thereof to be contrary to the interests of the national defense and security.
§ 1300.256	Appearance of Office of Price Administration employees and former employees before the Office of Price Administration. Appearance of Office of Price Administration employees and former employees in a representative capacity before the Office of Price Administration sRall be governed by the provisions of Procedural Regulation No. 14.
(§ 1300.256, formerly § 1300.250, amended by Am. 5, 9 F.R. 1656, effective 2-9-44]
§ 1300.257	Definitions. As used in this regulation, unless the context otherwise requires, the term:
(a)	“Act” means the Emergency Price Control Act of 1942, as amended by the Stabilization Act of 1942 (Pub* Laws 421 and 729, 77th Cong., 2d Sess.) and the Stabilization Extension Act of 1944 (Pub. Law 383, 78th Cong,, 2d Sess.).
> (Paragraph (a) amended by Am. 9, effective 9-1-44]
(b)	“Administrator” means the Price Administrator of the Office of Price Administration or such person or persons as he may appoint of designate to carry out any of the duties delegated to him by the Act.
(c)	“Federal Register” means the publication provided for by the Act of
July 26,1935 (49 Stat. 500), as amended.
(d)	“Maximum rent regulation” means any regulation establishing a maximum rent.
(e)	“Maximum rent” means the maximum rent established by any maximum rent regulation or order for the use of housing accommodations within any defense-rental area.
(f)	“Date of issuance,” with respect to a maximum rent regulation, means the date on which such maximum rent regulation is filed with the Division of the Federal Register.
(g)	“Person” includes an individual, corporation, partnership, association, dr any other organized group of persons, or legal successor or representative of any of the foregoing, and includes the United States or any agency thereof, or any other government, or any of its political subdivisions, or any agency of any of the foregoing.
(h)	“Protestant” means a person subject to any provision of a maximum rent regulation or order who files a protest in accordance with section 203 (a) of the Act.
(i)	“Landlord” includes an owner, lessor, sublessor, assignee or other person receiving or entitled to receive rent for the use or occupancy of any housing accommodations, or an agent of any of the foregoing.
(j)	“Tenant” includes a subtenant, lessee, sublessee, or other person entitled to the possession or to the use or occupancy of any housing accommodations.
(k)	“Housing accommodations” means any building, structure, or part thereof, or land appurtenant thereto, or any other real or personal property rented or offered for rent for living or dwelling purposes, together with all privileges, services, furnishing, furniture, equipment, facilities and improvements connected with the use or occupancy of such property.
(1)	“Defense-rental area” means the District of Columbia and any area designated by the Administrator as an area where defense activities have resulted or threaten to result in an increase in the rents for housing accommodations inconsistent with the purposes of the Act.
(m)	“Rent director” means the person designated by the Administrator as director of any defense-rental area or such person or persons as may be designated to carry out any of the duties
delegated to the rent director by the Administrator.
(n)	“Regional Administrator” means the person designated by the Administrator as administrator of any regional office established by the Office of Price Administration or such person or persons as may be designated to carry out any of the duties delegated to the Regional Administrator by the Administrator.
§	1300.258 Amendment of this regulation. Any provision of this regulation may be amended or revoked by the Administrator at any time. Such amendment or revocation shall be published in the Federal Register and shall take effect upon the date of its publication, unless otherwise specified therein.
§	1300.259 Effective date of Revised Procedural Regulation No. 3. Sections 1300.209 and 1300.210 of this regulation are applicable to petitions for adjustment or other relief which are de-, nied in whole or in part by the rent director, or to orders, entered by the rent director pursuant to § 1300.207 of this regulation, on or after the effective date of this regulation. Protests against such denials or orders entered prior to February 1,1943, shall be filed and acted upon pursuant to the applicable provisions of Procedural Regulation No. 3 as heretofore and such provisions are continued in effect for this purpose except that such protests properly addressed to the appropriate Regional Office, bearing a postmark dated within the applicable sixty-day period specified in Procedural Regulation No. 3 but received after the expiration thereof, shall be deemed to have been filed on the date of the postmark. This regulation shall become effective February 1, 1943.
[Rev. PR 3 originally issued January 12,1943]
§	1300.259a Effective dates of amendments.
[Effective dates of amendments are shown In notes following parts affected.]
Note: All reporting and record-keeping requirements of this regulation have been approved by the Bureau of the Budget in accordance with the Federal Reports Act of 1942.
Issued this 26th day of August 1944.
James F. Brownlee, Acting Administrator.
GPO—OPA 8891—p. 8