39 C.F.R. § 952.26

Judicial Officer

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(a) The Judicial Officer is authorized:

(1) To act as presiding officer;

(2) To render tentative decisions;

(3) To render final agency decisions;

(4) To issue Postal Service orders for the Postmaster General;

(5) To refer the record in any proceeding to the Postmaster General or the Deputy Postmaster General for final agency decision;

(6) To remand a case to the presiding officer for consideration; and,

(7) To revise or amend these rules of practice.

(b) In determining appeals from initial decisions or exceptions to tentative decisions, the entire official record will be considered before a final agency decision is rendered. Before rendering a final agency decision, the Judicial Officer may order the hearing reopened for the presentation of additional evidence by the parties.

Notes of Decisions

Cited in 2 cases, 1983–1984 · leading case: Bankr. L. Rep. P 70,011 United States of Am. v. Robert D. Alexander, Sr., 743 F.2d 472 (7th Cir. 1984).

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Bankr. L. Rep. P 70,011 United States of Am. v. Robert D. Alexander, Sr., 743 F.2d 472 (7th Cir. 1984). “The Administrative Procedure Act provides: “On [administrative] appeal from or review of the initial decision, the agency has all the powers which it would have in making the initial decision except as it may limit the issues on notice or by rule.”

Atlas Publ'g, Inc. v. United States Postal Serv., 602 F. Supp. 407 (S.D. Fla. 1983). “25 was taken to the Judicial Officer, who rendered a lengthy written opinion, reversing the Administrative Law Judge’s finding that there had been no violation of *410 39 U.S.C. § 3005 , and entered a “stop mail” order pursuant to that section.”

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