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filed. The Bureau may request further evidence.

capita income figure prepared to update earlier census figures.

(e) "State" includes the District of Columbia.

(f) "Unit of local government” means the government of a county, municipality, township, place, or other minor civil division, which is a unit of general government below the State.

8 90.4 General.

This part provides a procedure for a State or unit of local government to challenge the population or per capita income estimates of the Bureau. The Bureau shall receive these challenges and attempt to resolve them informally with the locality. If the challenge is not resolved informally, the challenging State or unit of local government may then, at its option, proceed formally.

8 90.8 Review of challenge. The Chief,

Chief, Population Division, Bureau of the Census, or the Chief's designee shall review the challenge and the evidence supporting the challenge and shall attempt to resolve the challenge. 8 90.9 When formal procedure may be in

voked. In the event the Chief, Population Division, is unable to resolve the challenge to the satisfaction of the challenging State or unit of local government, the challenging State or unit of local government shall be informed in writing of the reasons for the outcome and of its right to proceed formally.

8 90.5 When an informal challenge may be

filed. An informal challenge to the population or per capita income estimates may be filed any time up to 180 days after the release of the estimates by the Bureau of the Census. Publication by the Bureau of the Census and simultaneous publication of a release notification in the FEDERAL REGISTER shall constitute release. A challenge to any estimate may also be filed any time up to 180 days from the date the Census Bureau, on its own initiative, revises that estimate. If, however, a state or unit of local government has sufficiently meritori. ous reason for not filing in a timely manner, the Census Bureau has the discretion to accept the challenge. (50 FR 28768, July 16, 1985)

8 90.10 Form of formal challenge and time

limit for filing. The formal challenge shall be in writing and may be mailed or hand delivered to the Director, Bureau of the Census, Washington, D.C. 20233. The formal challenge shall include a list indicating the material submitted to the Chief, Population Division, during the informal stage, and shall include any additional relevant material it chooses to submit. The formal challenge shall be filed within 30 days of the date the State or unit of local government receives notification by certified mail (return receipt requested) of its right to proceed formally. If, however, a State or unit of local government has a sufficiently meritorious reason for not filing in a timely manner, the Bureau has the discretion to accept the formal challenge.

8 90.6 Where to file challenge.

A challenge must be prepared in writing by the unit of government and is to be filed with the Chief, Population Division, Bureau of the Census, Room 2011, Federal Building 3, Washington, D.C. 20233.

8 90.11 Appointment of hearing officer.

Upon receipt of a formal challenge filed in accordance with this part, the Director will appoint a hearing officer to receive written and oral evidence.

8 90.7 Evidence required.

The challenging State or unit of local government shall provide whatever evidence it has relative to the challenge at the time the challenge is

8 90.12 Qualifications of hearing officer.

The hearing officer, a person not involved in the preparation of the estimates being challenged, shall be appointed by the Director from a roster of employees of the Bureau of the Census who have been approved in ad

vance by the Assistant Secretary for such a written record, or the apporAdministration, Department of Com- tioned costs should the Bureau also merce.

desire a written record.

(g) The hearing officer shall prepare 8 90.13 Offer of hearing.

findings, analyses, and recommendaThe hearing officer shall receive the tions and shall transmit them along formal challenge and shall notify the with all documentary evidence reState or unit of local government in ceived and the tape or written record writing of (a) its right to a hearing (if any) of the hearing to the Director. prior to the development of a recom

(44 FR 20647, Apr. 6, 1979, as amended at 50 mended decision for the consideration

FR 18990, May 6, 1985) of the Director; and (b) its right to the development of a recommended deci

8 90.15 Decision by Director. sion for the consideration of the Di. rector without a hearing. If the State

Upon receiving the material specior unit of local government requests

fied in $ 90.14(g), the Director shall (a) that a hearing be conducted, the hear

review the findings and recommenda

tions of the hearing officer, and (b) ing officer shall establish the date, time, and meeting place for the hear

prepare and transmit a letter to the ing, in accordance with § 19.14a.

challenging State or unit of local gov

ernment stating the decision and the 8 90.14 Hearing.

reasons therefor. A copy of the hear(a) The hearing shall be conducted

ing officer's findings, analyses, and

recommendations shall also be transby the same hearing officer who collected the documentary evidence, if

mitted to the challenging State or unit possible, and shall be held at Bureau

of local government, and is otherwise

publicly available. This decision is of the Census headquarters in Suitland, Md., unless the hearing officer

final for the Department of Com

merce. determines that the hearing should be held elsewhere.

8 90.16 Notification of adjustment. (b) The hearing shall be conducted in a manner so as to bring out the per

In the event that the Director finds tinent facts relating to the challenge.

that the population or per capita (c) The rule of evidence will not be

income estimate should be adjusted, strictly enforced but irrelevant and the Bureau shall promptly inform the unduly repetitious testimony shall be

appropriate governmental agencies of excluded.

the revision. (d) Cross-examination of all witnesses is permitted and all testimony

8 90.17 Timing for hearing and decision. shall be received under oath or affir- A maximum period of 120 days, mation.

unless additional time is required for (e) The hearing officer shall have sufficiently meritorious reason, shall the authority to: (1) Administer oaths be provided beyond the closing date or affirmations, (2) rule on the admis- for the filing of informal challenges to sibility of evidence, (3) limit the allow for (a) resolution of informal number of witnesses, (4) exclude any challenges, (b) appointment of the person from the hearing room for con- hearing officer, and (c) the completion tumacious conduct or misbehavior of formal hearings. A maximum of 30 that obstructs the hearing, (5) per- additional days shall be allowed for deform other such acts as are necessary liberations by the hearing officer and or appropriate to the efficient conduct staff. A maximum of an additional 30 of any proceeding, and (6) make initial days shall also be provided beyond findings, analyses, and recommenda- this during which the Census Bureau tions.

Director must rule on all cases. Nei(f) The hearing shall be recorded ther the timing nor the general provibut no written record will be prepared sions contained in these regulations unless the Bureau so orders or unless shall affect the rights of communities the challenging locality desires one in to a review through the data improvewhole or part and pays the costs of ment program of the Office of Reve

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CHAPTER 11-NATIONAL INSTITUTE OF
STANDARDS AND TECHNOLOGY,

DEPARTMENT OF COMMERCE

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337

240 241

Barrels and other containers for lime .......
Barrels for fruits, vegetables and other dry com-

modities, and for cranberries ......

339

SUBCHAPTER E-FELLOWSHIPS AND RESEARCH ASSOCIATES

255

Fellowships in laboratory standardization and

testing for qualified citizens of other American
Republics

344 Part 256

Page 345

Research Associate Program

SUBCHAPTER F-REGULATIONS GOVERNING TRAFFIC AND

CONDUCT

265

Regulations governing traffic and conduct on the

grounds of the National Institute of Standards
& Technology, Gaithersburg, Maryland, and
Boulder and Fort Collins, Colorado......

347

SUBCHAPTER G-INVENTION EVALUATION PROCEDURES

270

Procedures for the evaluation of energy-related

inventions ...

351

SUBCHAPTER H-REGULATIONS GOVERNING APPEARANCE OF NIST

EMPLOYEES IN PRIVATE LITIGATION

275

Policies and procedures governing the appearance

of NIST employees as witnesses in private litiga-
tion........

356

SUBCHAPTERS I–J (RESERVED)

SUBCHAPTER K-ADVANCED TECHNOLOGY PROGRAM PROCEDURES

290

Regional Centers for the Transfer of Manufactur

ing Technology ....
Advanced Technology Program

359 365

295

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