39 C.F.R. § 952.25

Exceptions to initial decision or tentative decision

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(a) A party in a proceeding presided over by an Administrative Law Judge may appeal to the Judicial Officer by filing exceptions in a brief on appeal within 15 days from the receipt of the Administrative Law Judge's initial decision.

(b) A party in a proceeding presided over by the Judicial Officer may file exceptions within 15 days from the receipt of the Judicial Officer's tentative decision.

(c) If an initial or tentative decision is rendered orally by the presiding officer at the close of the hearing, he or she may then orally provide notice to the parties participating in the hearing of the time limit within which an appeal must be filed.

(d) The date for filing the reply to an appeal brief or to a brief in support of exceptions to a tentative decision by the Judicial Officer is 10 days after the receipt thereof. No additional briefs shall be received unless requested by the Judicial Officer.

(e) Briefs upon appeal or in support of exceptions to a tentative decision by the Judicial Officer and replies thereto shall be filed in duplicate with the Recorder and contain the following matter:

(1) A subject index of the matters presented, with page references; a table of cases alphabetically arranged; a list of statutes and texts cited with page references;

(2) A concise abstract or statement of the case in briefs on appeal or in support of exceptions;

(3) Numbered exceptions to specific findings and conclusions of fact, conclusions of law, or recommended orders of the presiding officer in briefs on appeal or in support of exceptions; and

(4) A concise argument clearly setting forth points of fact and of law relied upon in support of or in opposition to each exception taken, together with specific references to the parts of the record and the legal or other authorities relied upon.

(f) Unless permission is granted by the Judicial Officer no brief shall exceed 50 printed pages double spaced, using 12 point type.

(g) The Judicial Officer will extend the time to file briefs only upon written application for good cause shown. If the appeal brief or brief in support of exceptions is not filed within the time prescribed, the defaulting party may be deemed to have abandoned the appeal or waived the exceptions, and the initial or tentative decision shall become the final agency decision.

Notes of Decisions

Cited in 5 cases, 1969–1984 · leading case: Blount v. Rizzi, 400 U.S. 410 (1971).

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Blount v. Rizzi, 400 U.S. 410 (1971). “39 CFR § 952.25 . No § 4006 order may issue against the defendant until completion of the administrative proceeding.”

Am. Testing Inst. v. U.S. Postal Serv., 579 F. Supp. 1345 (D.D.C. 1984). “American Testing appealed this initial decision pursuant to 39 C.F.R. § 952.25 . It also began conducting business with the same solicitations, but seeking responses under a new name, “Gift Redemption Center,” located at a new address.”

ViAids Labs., Inc. v. United States Postal Serv., 464 F. Supp. 976 (S.D.N.Y. 1979). “See 39 C.F.R. § 952.25 (a) (party who failed to file an answer may not appeal).”

Atlas Publ'g, Inc. v. United States Postal Serv., 602 F. Supp. 407 (S.D. Fla. 1983). · cites it 2× “to the Judicial Officer of the Postal Service pursuant to 39 C.F.R. Section 952.25. The Judicial Officer then reversed the initial decision with respect to section 3005, and entered a “stop mail” order on August 24, 1982.”

United States v. The Book Bin, 306 F. Supp. 1023 (N.D. Ga. 1969). “39 C.F.R. § 952.25 . There is no deadline for the decision on administrative appeal.”

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