39 C.F.R. § 952.5

Complaints

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When the Chief Postal Inspector or his or her designated representative believes that a person is using the mails in a manner requiring formal administrative action under 39 U.S.C. 3005, he or she shall prepare and file with the Recorder a complaint which names the person involved; states the name, address and telephone number of the attorney representing Complainant; states the legal authority and jurisdiction under which the proceeding is initiated; states the facts in a manner sufficient to enable the person named therein to answer; and requests the issuance of an appropriate order or orders and/or the assessment of civil penalties. Complainant shall attach to the complaint a copy of the order or orders requested which may, at any time during the proceedings, be modified. The person named in the complaint shall be known as “Respondent”, and the Chief Postal Inspector or his or her designee shall be known as “Complainant”. The term “person” (1 U.S.C. 1) shall include any name, address, number or other designation under or by use of which Respondent seeks remittances of money or property through the mail.

Notes of Decisions

Cited in 4 cases, 1971–1998 · leading case: Blount v. Rizzi, 400 U.S. 410 (1971).

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Blount v. Rizzi, 400 U.S. 410 (1971). “39 CFR §§ 952.5 , 952.7,- 952.8. The Judicial Officer of the Department holds a trial-type hearing at which a full record is transcribed.”

Ralph J. Galliano v. United States Postal Serv., 836 F.2d 1362 (D.C. Cir. 1988). “On March 15, 1984, the General Counsel, pursuant to 39 C.F.R. § 952.5 (1983), 3 filed an administrative complaint against Galliano, APG, and CMC, appellants here (hereafter re *1366 ferred to collectively as APG); the complaint charged that the APG solicitations were unlawful…”

Top Choice Distributors, Inc. & Salvatore Sciandra v. United States Postal Serv., 138 F.3d 463 (2d Cir. 1998). “39 C.F.R. §§ 952.5 , 952.14, 952.24 (1997).”

United States Postal Serv. v. David Notestine, 857 F.2d 989 (5th Cir. 1988). “39 CFR § 952.5 (1987). 5 . 39 CFR § 952.6 (1987).”

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