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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 90.8 Review of challenge. The Chief, Population

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 90.4 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 90.5 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 meritorious 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 90.9 When formal procedure may be in

voked. In the event the Chief, Population Division, is unable to resolve the chal. lenge 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 90.10 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 in. volved 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 Administration, Department of Commerce.

such a written record, or the apportioned costs should the Bureau also desire a written record.

(g) The hearing officer shall prepare findings, analyses, and recommendations and shall transmit them along with all documentary evidence received and the tape or written record (if any) of the hearing to the Director. [44 FR 20647, Apr. 6, 1979, as amended at 50 FR 18990, May 6, 1985)

8 90.13 Offer of hearing.

The hearing officer shall receive the formal challenge and shall notify the State or unit of local government in writing of (a) its right to a hearing prior to the development of a recommended decision for the consideration of the Director; and (b) its right to the development of a recommended decision for the consideration of the Director without a hearing. If the State or unit of local government requests that a hearing be conducted, the hearing officer shall establish the date, time, and meeting place for the hearing, in accordance with $ 19.14a.

8 90.15 Decision by Director.

Upon receiving the material specified in § 90.14(g), the Director shall (a) review the findings and recommendations of the hearing officer, and (b) prepare and transmit a letter to the challenging State or unit of local government stating the decision and the reasons therefor. A copy of the hearing officer's findings, analyses, and recommendations shall also be transmitted to the challenging State or unit of local government, and is otherwise publicly available. This decision is final for the Department of Commerce.

8 90.16 Notification of adjustment.

In the event that the Director finds that the population or per capita income estimate should be adjusted, the Bureau shall promptly inform the appropriate governmental agencies of the revision.

8 90.14 Hearing.

(a) The hearing shall be conducted by the same hearing officer who collected the documentary evidence, if possible, and shall be held at Bureau of the Census headquarters in Suitland, Md., unless the hearing officer determines that the hearing should be held elsewhere.

(b) The hearing shall be conducted in a manner so as to bring out the pertinent facts relating to the challenge.

(c) The rule of evidence will not be strictly enforced but irrelevant and unduly repetitious testimony shall be excluded.

(d) Cross-examination of all witnesses is permitted and all testimony shall be received under oath or affirmation.

(e) The hearing officer shall have the authority to: (1) Administer oaths or affirmations, (2) rule on the admissibility of evidence, (3) limit the number of witnesses, (4) exclude any person from the hearing room for contumacious conduct or misbehavior that obstructs the hearing, (5) perform other such acts as are necessary or appropriate to the efficient conduct of any proceeding, and (6) make initial findings, analyses, and recommendations.

(f) The hearing shall be recorded but no written record will be prepared unless the Bureau so orders or unless the challenging locality desires one in whole or part and pays the costs of

8 90.17 Tin for ing and decision.

A maximum period of 120 days, unless additional time is required for sufficiently meritorious reason, shall be provided beyond the closing date for the filing of informal challenges to allow for (a) resolution of informal challenges, (b) appointment of the hearing officer, and (c) the completion of formal hearings. A maximum of 30 additional days shall be allowed for deliberations by the hearing officer and staff. A maximum of an additional 30 days shall also be provided beyond this during which the Census Bureau Director must rule on all cases. Neither the timing nor the general provisions contained in these regulations shall affect the rights of communities to a review through the data improvement 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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