(a) Attorney refers to an individual authorized to practice law in any of the United States or the District of Columbia or a territory of the United States.

Terms Used In 39 CFR 962.2

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.

(b) Complaint refers to the administrative Complaint served by the Reviewing Official on a Respondent pursuant to § 273.8 of this title.

(c) Initial Decision refers to the written decision which the Presiding Officer is required by § 962.20 to render, and includes a revised initial decision issued following a remand.

(d) Investigating Official refers to the Inspector General of the United States Postal Service or any designee within the Office of the Inspector General.

(e) Judicial Officer refers to the Judicial Officer or Acting Judicial Officer of the United States Postal Service or for purposes other than specified in § 962.21 any designee within the Judicial Officer Department.

(f) Party refers to the Postal Service or the Respondent.

(g) Person refers to any individual, partnership, corporation, association, or private organization.

(h) Postmaster General refers to the Postmaster General of the United States or his designee.

(i) Presiding Officer refers to an Administrative Law Judge designated by the Chief Administrative Law Judge to conduct a hearing authorized by 31 U.S.C. § 3803.

(j) Recorder refers to the Recorder of the United States Postal Service, 2101 Wilson Boulevard, Suite 600, Arlington, VA 22201-3078.

(k) Representative refers to an attorney or other advocate.

(l) Respondent refers to any person alleged to be liable for a civil penalty or assessment under 31 U.S.C. § 3802.

(m) Reviewing Official refers to the General Counsel of the Postal Service or any designee within the Law Department who serves in a position for which the rate of basic pay is not less than the minimum rate payable under Section 5376 of Title 5 of the United States Code.

[52 FR 12904, Apr. 20, 1987, as amended at 63 FR 66053, Dec. 1, 1998; 67 FR 62179, Oct. 4, 2002; 81 FR 40194, June 21, 2016]