PART 3021—RULES FOR APPEALS OF POSTAL SERVICE DETERMINATIONS TO CLOSE OR CONSOLIDATE POST OFFICES Authority: 39 U.S.C. 404(d). Source: 77 FR 6679, Feb. 9, 2012, unless otherwise noted. Redesignated at 85 FR 9615, Feb. 19, 2020. § 3021.1 Definitions. The following definitions apply in this part: (a) Final determination (b) Petitioner (c) Petition for Review § 3021.2 Applicability. (a) The rules in this part apply when: (1) The Postal Service decides to close or consolidate a post office, and (2) A patron of that post office appeals the closing or consolidation. (b) Subparts A through D to part 3010 of this chapter apply to appeals of post office closings or consolidations. (c) Answers to motions filed by the Postal Service are due within 10 days. [77 FR 6679, Feb. 9, 2012, as amended at 85 FR 9655, Feb. 19, 2020] § 3021.3 Notice by the Postal Service. (a) Pursuant to section 404(d) of title 39, United States Code, any decision to close or consolidate a post office must be preceded by 60 days' notice to persons served by such post office, the opportunity for such persons to present their views, and a written determination based upon consideration of each of the factors listed in section 404(d)(2) of title 39, United States Code. (b) This notice must include a provision stating that, pursuant to section 404(d)(5) of title 39, United States Code, a final Postal Service determination to close or consolidate a post office may be appealed by any person served by such office to the Postal Regulatory Commission at 901 New York Avenue NW., Suite 200, Washington, DC 20268-0001, within 30 days after such determination is made available to such person by the Postal Service. § 3021.10 Starting an appeal. (a) A Postal Service decision to close or consolidate a post office may be appealed only by a person served by that office. An appeal is commenced by submitting a Petition for Review to the Postal Regulatory Commission. (b) The Petition for Review must state that the person(s) submitting it is/are served by the post office that the Postal Service has decided to close or consolidate. The petition should include the name(s) and address(es) of the person(s) filing it and the name or location of the post office to be closed or consolidated. A petitioner may include other information deemed pertinent. § 3021.11 Submitting an appeal and other documents. Petitions for Review, comments, motions, answers, and other documents may be submitted by persons other than the Postal Service by mail, electronically through the Commission's website, http://www.prc.gov, [77 FR 6679, Feb. 9, 2012, as amended at 85 FR 9660, Feb. 19, 2020] § 3021.12 Duplicate appeals. If the Commission receives more than one Petition for Review of the same post office closing or consolidation, the petitions will be considered in a single docket. § 3021.13 Deadlines for appeals. (a) In general. (b) Appeals sent by mail. (c) Appeals sent by other physical delivery. (d) Appeals sent electronically. [77 FR 6679, Feb. 9, 2012, as amended at 85 FR 9655, Feb. 19, 2020] § 3021.14 Participation by others. (a) A person served by the post office to be closed or consolidated pursuant to the Postal Service written determination under review who desires to intervene in the proceeding, or any other interested person, or any counsel, agent, or other person authorized or recognized by the Postal Service as such interested person's representative or the representative of such interested person's recognized group, such as Postmasters, may participate in an appeal by sending written comments to the Postal Regulatory Commission in the manner described in § 3021.11. (b) Persons may submit comments supporting or opposing a Commission order returning the entire matter to the Postal Service for further consideration. Comments must be filed in accordance with the deadlines established in §§ 3021.41 through 3021.43. Commenters may use PRC Form 61, which is available on the Commission's website, http://www.prc.gov. [85 FR 9655, Feb. 19, 2020] § 3021.20 The record on review. (a) The record on review includes: (1) The final determination; (2) The notices to persons served by the post office to be closed or consolidated; (3) The administrative record; and (4) All documents submitted in the appeal proceeding. (b) The record shall contain all evidence considered by the Postal Service in making its determination and shall contain no evidence not previously considered by the Postal Service. § 3021.21 Filing of the administrative record. The Postal Service shall file the administrative record within 10 days of the date of posting of a Petition for Review on the Commission's website. The Commission may alter this time for good cause. The Secretary will notify participants that they may view the administrative record at post offices where the final determination was posted. [77 FR 6679, Feb. 9, 2012, as amended at 85 FR 9660, Feb. 19, 2020] § 3021.22 Making documents available for inspection by the public. Copies of all filings (including the administrative record) related to an appeal shall be available for public inspection at the post offices where the final determination was posted. The Secretary will notify participants that they may view copies of filings at post offices where the final determination was posted. § 3021.30 Suspension pending review. (a) Application. (b) Answer and filing of the relevant record by the Postal Service. § 3021.40 Participant statement. (a) When a timely Petition for Review of a decision to close or consolidate a post office is filed, the Secretary shall furnish petitioner with a copy of PRC Form 61. This form is designed to inform petitioners on how to make a statement of the petitioner's arguments in support of the petition. (b) The instructions for PRC Form 61 shall provide: (1) A concise explanation of the purpose of the form; (2) A copy of section 404(d)(2)(A) of title 39, United States Code; and (3) Notification that, if petitioner prefers, he or she may file a brief in lieu of or in addition to completing PRC Form 61. [77 FR 6679, Feb. 9, 2012, as amended at 85 FR 9655, Feb. 19, 2020] § 3021.41 Due date for participant statement. The statement or brief of petitioner and of any other participant seeking to have the Commission return the entire matter to the Postal Service for further consideration, shall be filed not more than 20 days after the filing of the administrative record. § 3021.42 Due date for Postal Service response. The statement or brief of the Postal Service, and of any other participant opposing return of the matter for further consideration, shall be filed not more than 14 days after the date for filing of petitioner's statement. § 3021.43 Due date for replies to the Postal Service. Petitioner, and any other participant seeking to have the Commission return the matter for further consideration, may file a reply to the Postal Service response not more than 10 days after the date of the Postal Service response. Replies are limited to issues discussed in the responses of the Postal Service and other participants seeking affirmation of the Postal Service determination.