cannot adequately be met under the procedures required for Career Executive Assignments.

(b) The Commission shall specify a time limit within which an agency may use this authority and may revoke this authority at any time.

§ 9.7 Qualifications

required for

Limited Executive Assignment. After appropriate consultation with the agency concerned the Commission shall establish specific qualification standards for assignment to a Limited Executive Assignment.

§ 9.8 Limited Executive Assignment; selection and assignment.

An appointing officer may make a Limited Executive Assignment only after the Commission has finally approved the qualifications of the person selected. § 9.9 Removal from a Limited Executive Assignment.

An appointing officer may remove a person from a Limited Executive Assignment when, in his judgment, the purpose of the assignment has been served or conditions warrant discontinuance of the assignment.

§ 9.10 Limited Executive Assignment; change to other type of appointment. If a person completes five years of continuous service in an agency in a Limited Executive Assignment the appointing officer shall:

a

(a) convert his assignment to Career Executive Assignment, or to a Noncareer Executive Assignment;

(b) give him a career appointment to a continuing position in the competitive service in grade GS-15, or below; or (c) separate him from the service. NONCAREER EXECUTIVE ASSIGNMENTS § 9.20 Exception of positions to be filled

by Noncareer Executive Assignments. (a) After consulting the agency concerned, the Commission may except a position from the procedures required for making Career Executive Assignments and authorize an agency to fill the position by a Noncareer Executive Assignment when it determines that there is a need for filling the position by a person who will:

(1) be deeply involved in the advocacy of Administration programs and support of their controversial aspects:

(2) participate significantly in the determination of major political policies of the Administration; or

(3) serve principally as personal assistant to or adviser of a Presidential appointee or other key political figure.

(b) In determining the positions to be excepted under paragraph (a) of this section the Commission shall:

(1) limit the number of positions excepted to a relatively small proportion of the positions in the agency in grades 16, 17, and 18, taking into consideration the size of the agency and the nature of its program; and

(2) define the area of the agency's activity in which Noncareer Executive Assignments would be appropriate and specify organizational levels, as distinguished from grade levels, below which Noncareer Executive Assignments would be inappropriate.

(c) The Commission shall not except a position which has as its principal responsibility the internal management of an agency, or a position involving longstanding recognized professional duties and responsibilities resting on a body of knowledge essentially politically neutral in nature. However, a position concerned with the direction of a scientific program could be appropriately excepted when it meets the criteria set forth in paragraph (a) (1), (2), or (3) of this section.

(d) The Commission shall review periodically the exceptions made under this section and after consulting the agency concerned, shall revoke an exception when the position no longer meets the criteria for exception. Civil Service Rule III, providing for the noncompetitive acquisition of competitive status, shall not apply in such a case.

(e) Notice of the Commission's decision to grant or revoke authority to make Noncareer Executive Assignments shall be published in the FEDERAL REGISTER. § 9.21 Qualifications required for a Noncareer Executive Assignment. After appropriate consultation with the agency concerned the Commission shall establish specific qualification standards for assignment to a Noncareer Executive Assignment. In addition, as a qualification for continuance in a Noncareer Executive Assignment, the incumbent must continue to maintain the qualifications and relationships that are required for the particular Noncareer Executive Assignment.

§ 12.101

Agency authority to take personnel actions in a national emergency disaster.

(a) The Commission hereby authorizes agencies to carry out whatever personnel activities may be necessary to the effective functioning of their organizations during a period of disaster in a national emergency without regard to any regulation or instruction of the Commission, except those specifically designated as applicable to disaster conditions. This authority applies only to actions over which the Commission has jurisdiction.

(b) Actions taken under this section shall be consistent with affected regulations and instructions as far as possible under the circumstances and shall be discontinued as soon as conditions permit the reapplication of the affected regulations and instructions.

(c) In no event shall an employee acquire a competitive civil service status by virtue of any action taken under this section.

(d) Actions taken, and authority to take actions, under this section may be adjusted or terminated in whole or in part by an official of the Commission acting under proper authority.

(e) Agencies shall maintain records of the actions taken under this section. (5 U.S.C. 3301, 3302) [23 F.R. 7835, Oct. 10, 1958]

Sec.

151.105 Appearance.

151.106

Documents.

151.107

Letter of charges.

The purpose of this part is to provide the procedures to be followed in making adjudications of whether an individual who is subject to section 12 of the Hatch Political Activities Act has engaged in political activities prohibited by that section.

§ 151.102 The Commission.

(a) Offices. The principal office of the Commission is at Washington, D.C. Communications to the Commission shall be addressed to United States Civil Service Commission, Washington, D.C. 20415,. Attention, General Counsel, unless otherwise specifically directed.

(b) Hours. The office is open on each business day from 8:45 a.m. to 5:15 p.m. (c) Proceedings. The Commission may conduct any inquiry or hearing neces

(a) An individual authorized by the Commission shall serve copies of letters of charges, orders, and other processes of the Commission by registered or certified mail, return receipt requested, addressed to the individual charged with the violation and to the State or local agency employing the individual.

(b) When service is not accomplished by registered or certified mail, an individual authorized by the Commission, may serve letters of charges, orders, or other processes of the Commission by:

(1) Delivering a copy of the document to the individual to be served or to an officer of the State or local agency or both; or

(2) Leaving a copy of the document at the principal office or place of business of the individual to be served or the State or local agency or both.

(c) The post office return receipt for a document mailed as provided in paragraph (a) of this section, or the vertified return by the individual who served the document as provided in paragraph (b) of this section setting forth the manner of service, is proof of the service of the document.

§ 151.105 Appearance.

(a) An individual who is a party to a proceeding before the Commission may appear for himself or by an attorney. A State or local agency may appear or be represented by an attorney.

(b) An attorney who is a member in good standing of the bar of the Supreme Court of the United States or of the highest court of any State or territory of the United States, or of the District of Columbia, and who is not under an order of any court suspending, enjoining, restraining, disbarring, or otherwise restricting him in the practice of law, may represent others before the Commission.

(c) When an attorney appears in person or signs a paper in practice before the Commission, his personal appearance or signature constitutes a representation to the Commission that under this part and the law he is authorized and qualified to represent the particular party in whose behalf he acts. The Commission may require further proof of an attorney's authority to act in a representative capacity.

(d) A former officer or employee of the Commission may not appear as an attorney for a party in any proceeding resulting from an investigation the files of which came to his personal attention during his service with the Commission. § 151.106 Documents.

(a) Each document required to be filed with the Commission in a proceeding shall be filed with the General Counsel of the Commission.

(b) Each document shall show clearly the docket number and title of the proceeding.

(c) Five copies of each document other than correspondence shall be filed, except as otherwise specifically required by this part.

(d) Each document not printed shall be typewritten on one side of the paper only, letter or legal size, double or triple spaced, with ample margin.

(e) The original of each document, whether printed or typewritten, shall be signed in ink by the party or his attorney. § 151.107 Letter of charges.

When the Commission has reason to believe that there is a violation of the law over which it has jurisdiction, it shall serve the individual charged with the violation and the State or local agency employing him with a notice summarizing the alleged violation. This notice, which is referred to as the letter of charges, shall be accompanied by a notification of the right of hearing on the letter of charges.

regular course on the letter of charges without further notice to the respondent. (b) In the answer, the respondent shall:

(1) State concisely the facts that constitute his defense; and

(2) Specifically admit, deny, or explain each of the facts alleged in the letter of charges unless he states he is without knowledge.

The respondent or his attorney shall sign and submit to the Commission the original and five copies of the answer. The answer shall show the office and post office address of the signer.

(c) Instead of the statements required by paragraph (b) of this section, the respondent may state in his answer that he admits the truth of all material allegations of fact in the letter of charges and waives a hearing. By this answer respondent is deemed to authorize the Commission to proceed in regular course to adjudicate his case. The Commission shall notify the officer or employee and the appropriate State or local agency of its determination.

(d) On written application made at the time respondent files an answer in accordance with paragraph (c) of this section, the Commission, in its discretion, may hear him, on brief, in oral argument, or both, on the sole question as to whether the facts admitted constitute the violation alleged in the letter of charges.

The Commission or the hearing examiner, for cause shown, may extend the prescribed time limit for filing any paper, except the time limit for filing an appeal which is fixed by statute, and may continue or adjourn any hearing. A hearing before a hearing examiner shall begin at the time and place fixed by the Commission, and thereafter the Commission or the hearing examiner may adjourn the hearing from time to time. The party seeking a continuance or an extension of time shall make application therefor before the end of the time prescribed by this part, and shall file with that application an affidavit showing exceptional circumstances.

§ 151.112 Hearings on complaints.

(a) The hearing before the Commission or the hearing examiner on the letter of charges is public unless the Commission orders otherwise.

(b) The official reporter of the Commission shall report the hearing stenographically and shall make a transcript which shall be a part of the record of the proceeding. The record made shall be the sole official record. The official reporter shall supply the respondent or the public with a transcript at a rate not in excess of the maximum rate fixed by the contract between the Commission and the reporter.

§ 151.113 Hearing examiners.

(a) The Commission may designate a hearing examiner to take evidence in any proceeding on a letter of charges. (b) The hearing examiner shall:

(1) Complete the taking of evidence with all due dispatch;

(2) Conduct a fair and impartial hearing;

(3) Maintain order in a manner consistent with the dignity of the Commission; and

(4) Note on the record any disregard by counsel of his rulings on matters of order or procedure and make a special written report thereon to the Commission when he considers it necessary.

(c) If counsel is guilty of disrespectful, disorderly, or contumacious language

or conduct in connection with a proceeding, the hearing examiner may suspend the proceeding and submit to the Commission a report and recommendation for appropriate action. The hearing examiner shall furnish a copy of his report to counsel on whose language or conduct the report is made.

§ 151.114 Subpenas.

(a)

The Commission or a member of the Commission may issue subpenas requiring the attendance of witnesses from any place in the United States at any designated place of hearing. The party seeking the subpena shall make application therefor in writing either to the General Counsel or the hearing examiner.

(b) The Commission or the hearing examiner may issue subpenas for the production of documentary evidence. The party seeking the subpena shall make application therefor in writing to the Commission or the hearing examiner. The application shall name as exactly as possible the documents desired, and show their relevancy and materiality. An application by a respondent shall be verified by oath or affirmation.

(c) In case of disobedience to a subpena, the Commission may invoke the aid of any court of the United States in requiring the attendance and testimony of witnesses and the production of documentary evidence. In case of contumacy or disobedience to a subpena issued to a person, any of the district courts of the United States within the jurisdiction of which the inquiry is carried on, may issue an order requiring the person to appear before the Commission, to produce documentary evidence if so ordered, or to give evidence touching the matter in question. The court may punish any failure to obey its order as a contempt thereof.

(a) Witnesses shall be examined orally, except that for good and exceptional cause the Commission may permit their testimony to be taken by a deposition.

(b) The party at whose instance a witness appears shall pay the witness the same fees and mileage as are paid witnesses in the courts of the United States. The party at whose instance a deposition is taken shall pay the witness, and the person who takes the deposition, the same fees as are paid for like service in the courts of the United States.

§ 151.116 Evidence.

(a) Documentary. When relevant and material matters offered in evidence are included in a document containing other matters not material or relevant and not intended to be put in evidence, the immaterial or irrelevant parts are excluded and segregated insofar as practicable.

(b) Objections. The party making an objection to evidence before the Commission or a hearing examiner shall make it in short form and shall state the ground of the objection relied on. The transcript shall include the ruling on any objection, but shall not include argument or debate on an objection unless the Commission or the hearing examiner so orders. An exception to a ruling is not necessary to preserve the right of the party before the Commission or appellate courts.

(a) The Commission may order evidence to be taken by deposition at any stage of a proceeding or investigation pending before the Commission. A deposition may be taken before any person who has the power to administer oaths and is designated by the Commission. Unless notice is waived, a deposition shall not be taken except after reasonable notice to the parties.

(b) The party desiring to take the deposition of a witness shall make application therefor in writing to the Commission. The application shall state the reason why the deposition should be taken; the name and post office address of the witness; and the subject matter or matters concerning which the witness is expected to testify.

(c) When good cause is shown, the Commission shall make and have served on the parties or their attorneys an order in which the Commission names the witness whose deposition is to be taken. The order shall specify the time when, the place where, and the person before whom the witness is to testify, but that time, place, and person may or may not be the same as those stated in the application for the deposition.

(d) The person before whom the deposition is taken or a person under his direction shall reduce the testimony of the witness to writing. The deposition shall be typewritten on one side of the paper only, letter or legal size, left margin 11⁄2 inches, right margin 1 inch. The person before whom the deposition is