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Code of Federal Regulations (Last Updated: July 5, 2024) |
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Title 39 - Postal Service |
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Chapter I - United States Postal Service |
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SubChapter N - Procedures |
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Part 960 - Rules Relative to Implementation of the Equal Access to Justice Act in Postal Service Proceedings |
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Subpart C - Procedures for Considering Applications |
§ 960.14 - Answer to application.
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§ 960.14 Answer to application.
(a) Within 30 days after service of an application, counsel representing the Postal Service may file an answer to the application. Unless the Postal Service counsel requests an extension of time for filing or files a statement of intent to negotiate under paragraph (b) of this section, failure to file an answer within the 30-day period may be treated as a consent to the award requested.
(b) If the Postal Service counsel and the applicant believe that the issues in the fee application can be settled, they may jointly file a statement of their intent to negotiate a settlement. The filing of this statement shall extend the time for filing an answer for an additional 30 days, and further extensions may be granted by the adjudicative officer upon request by Postal Service counsel and the applicant.
(c) The answer shall explain in detail any objections to the award requested and identify the facts relied on in support of the Postal Service's position. If the answer is based on any alleged facts not already in the record of the proceeding, the Postal Service shall include with the answer either supporting affidavits or a request for further proceedings under § 960.19.