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U.S. POSTAL REGULATORY COMMISSION
Washington, DC 20268-0001
Office of Public Affairs
and Government Relations
November 4, 2011
Barbara Kirkmeyer, Chair
and County Commissioners
Office of Board of County Commissioners, Weld County
PO Box 758
Greeley, CO 80632
Dear Ms. Kirkmeyer and Commissioners:
Thank you for writing the Postal Regulatory Commission regarding concerns about the possible closing of
your post office.
The Commission's jurisdiction in this area is limited. Customers concerned about their post office being
under consideration for closure should be aware that the Commission does not decide whether an
individual retail facility will remain open or be closed. The purpose of the appeal process is to determine
whether or not the Postal Service followed the proper procedures and considered appropriate factors in
closing the post office as listed in title 39 USC 404(d)(2).
Citizens may appeal to the Commission only after the decision to close a post office has been made by
the Postal Service. In light of your concerns, I am providing information about the appeal process, and
am forwarding your comments directly to the attention of the Postal Service's Office of the Consumer
Advocate to share with the appropriate postal officials.
In order to make a consolidation or closure determination, the Postal Service must follow certain
procedures.
1) The public must be given 60 days notice of a proposed action to enable the persons served by a post
office to evaluate the proposal and provide comments.
2) After public comments are received and taken into account, any final determination to close or
consolidate a post office must be made in writing and must include findings covering all the required
considerations.
3) The written determination must be made available to persons served by the post office at least 60
days before the discontinuance takes effect.
4) Within the first 30 days after the written determination is made available, any person regularly served
by the affected post office may appeal the decision to the Postal Regulatory Commission.
For your convenience I am enclosing a copy of the regulations regarding the discontinuance of a Post
Office. These regulations outline, in more detail, the steps the Postal Service must take to notify
residents, the issues it must consider as part of the administrative record, the procedures it must follow
and the appropriate time allowed to persons if they believe an appeal of the closure to the Postal
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Regulatory Commission is necessary. Should the Postal Service make a final determination to close the
facility and you wish to proceed with your appeal, please advise the Commission in writing.
I am hopeful that you will find this information helpful. Please let me know if you have any further
questions.
Sincerely,
Annie Kennedy
Consumer Relations Specialist
Enclosure
•
•
e-CFR Data is current as of December 9, 2009
Title 39: Postal Service
PART 3001-RULES OF PRACTICE AND PROCEDURE
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Subpart H—Rules Applicable to Appeals of Postal Service Determinations To Close or
Consolidate Post Offices
Source: 42 FR 10993, Feb. 25, 1977, unless otherwise noted.
§ 3001.110 Applicability.
Rules in this subpart govern the procedure regarding the appeal of a determination of the Postal Service to close or
consolidate a post office by patrons of the post office in question. Pursuant to section 404(b)of the Act 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(b)(2)of the Act.This notice must include a provision stating that,pursuant to Pub.L.
94-421, a final Postal Service determination to close or consolidate a post office may be appealed to the Postal
Regulatory Commission at 901 New York Avenue NW., Suite 200,Washington, DC 20268-0001,within 30 days after
the issuance of a written determination by the Postal Service.The rules of general applicability in subpart A of this
part,which do not relate solely to evidentiary proceedings on the record,are also applicable to proceedings subject to
this subpart.
[36 FR 396,Jan. 12, 1971, as amended at 58 FR 38977,July 21, 1993]
§3001.111 Initiation of review proceedings.
(a)Petition for review. Review of a determination of the Postal Service to close or consolidate a post office shall be
obtained by filing a petition for review with the Secretary of this Commission.Such petition must be received by the
Commission within 30 days after the Service has made available to persons served by that post office the written
determination to close or consolidate required by 39 U.S.C.404(b)(3)through (4).The petition shall specify the
parties seeking review, all of whom must be persons served by the post office proposed to be closed or consolidated
and shall identify the Postal Service as respondent. The Commission encourages parties seeking review to attach a
copy of the Postal Service written determination, as the appeal process is thereby expedited. If two or more persons
are entitled to petition for review of the same determination and their interests are such as to make joinder
practicable, they may file a joint petition for review and may thereafter proceed as a single petitioner.
(b)Intervention.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,shall file
with the Secretary of the Commission and serve upon all parties a notice of intervention in a form prescribed by
§3001.20. The notice shall contain a concise statement of the interest of the moving party and the grounds upon
which intervention is sought.A notice of intervention shall be filed within 25 days of the date on which the notice for
review is filed.The provisions of§3001.20 (c)through (f)of Subpart A of this part shall apply to notices of intervention
in review proceedings.
[48 FR 33707, July 25, 1983,as amended at 58 FR 38977,July 21, 1993]
§3001.112 The record on review.
The written determination sought to be reviewed or enforced,the conclusions and findings upon which it must be
based under section 404(b)(3)of the Act,the notices to local patrons and the evidence contained in the entire
administrative record before the Postal Service shall constitute the record on review.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.
§3001.113 Filing of the record.
(a) Time for filing of the record by the Postal Service.The Postal Service shall file the record with the Secretary of the
Commission within 15 days after the date on which the petition for review is filed with the Commission.The
Commission may shorten or extend the time prescribed above.The Secretary shall give notice to all parties of the
date on which the record is filed.
(b) Composition of the filing.The Postal Service may file the entire record or such parts thereof as the parties may
designate by stipulation filed with the Postal Service.The original papers in the Postal Service proceeding or certified
copies thereof may be filed.All parts of the record retained by the Postal Service shall be a part of the record on
review for all purposes.
§3001.114 Suspension pending review.
(a)Application.Application for suspension of a determination of the Postal Service to close or consolidate any post
office pending the outcome of an appeal to the Postal Regulatory Commission shall be made at the time of the filing
of a petition for review or of the filing of a notice of intervention in an extant appellate proceeding.The application
shall show the reasons for the relief requested and the facts relied upon, and if the facts are subject to dispute the
application shall be supported by affidavits or other sworn statements or copies thereof.The applicant must be a
person served by the affected post office. Immediate notice of the application shall be given to all parties to the
proceeding. The application shall be filed with the Secretary of the Commission.
(b)Answer and filing of the relevant record by the U.S. Postal Service. Within 10 days after the application for
suspension is filed,the Postal Service shall file with the Secretary of the Commission and serve on the petitioners an
answer to the application supported by affidavits or other sworn statements or copies thereof.The Postal Service,
within 10 days from the date of filing of the application, shall file with the Secretary such parts of the record as are
relevant to the relief sought.
[36 FR 396,Jan. 12, 1971, as amended at 58 FR 38977,July 21, 1993]
§3001.115 Participant statement or brief.
(a)Participant statement. Upon the filing of the petition for review of a decision to close or consolidate a post office,
the Secretary shall furnish the petitioner with a copy of PRC Form 61, a form designed to permit the appellant to
make a concise statement of his/her arguments in support of the petition and the instructions regarding its use. In
addition to eliciting this information, the instructions for Form 61 shall provide: (1) Notification that, if the appellant
prefers,he or she may file a brief as described in paragraph(b)of this section presenting the arguments, in lieu of
completing PRC Form 61; (2)a concise explanation of the purpose of the form; and(3)notification that the completed
form, or a brief as described in paragraph (b)of this section,in lieu thereof,must be filed with the Commission not
more than 35 days following the date of filing of the petition (which date shall be set forth,as it appears in the
Commission's records).
(b)Appellant's initial brief.The initial brief of the appellant shall be filed with the Secretary of the Commission and
served on all parties 35 days after the filing of the petition for review of a decision to close or consolidate a post office.
The brief will be limited in length to 30 pages,typewritten and double spaced, and shall include the following in the
order indicated:
(1)A subject index with page references, and a list of all cases and authorities relied upon, arranged alphabetically,
with references to the pages where the citation appears(which need not be included in the page count);
(2)A concise statement of the case from the viewpoint of the filing participant;
(3)A clear, concise and definitive statement of the position of the author as to the merits of the determination under
review;
(4)A discussion of the evidence, reasons, and authorities relied upon with exact references to the record and the
authorities;and
(5)Proposed holding with appropriate references to the record or the prior discussion of the evidence and authorities
relied upon,and to the appellate criteria of section 404(b)(5)of the Act.
Briefs before the Commission shall be completely self-contained and shall not incorporate by reference any portion of
any other brief, pleading or document.Testimony and exhibits shall not be quoted or included in briefs except for
short excerpts pertinent to the argument presented.
(c)Answering brief of the Postal Service. The answering brief of the Postal Service shall be filed 20 days after the
date designated for filing of the appellant's brief and shall follow the format detailed in paragraph (b)of this section.
(d)Reply by appellant. The appellant may file a written response to the brief of the Postal Service 15 days after the
date designated for filing of that brief,which shall be strictly limited in content to reply to arguments made by the
Postal Service. If presented as a brief,such reply brief shall conform to the format detailed in paragraph(b)of this
section.
(e) Intervenor statements or briefs.An intervenor shall file its brief within the time allowed for initial and reply,or
answering, briefs, as appropriate. The Secretary shall fumish to each intervenor a copy of PRC Form 61 as soon as
intervenor status is granted. If the intervenor chooses to file a brief,the brief shall follow the format detailed in
paragraph(b)of this section.
[42 FR 10993, Feb.25, 1977,as amended at 48 FR 33707,July 25, 1983; 58 FR 38976, 38977,July 21, 1993]
§3001.116 Oral argument.
Oral argument will be held in these appeal cases only when a party has made a showing that,owing to unusual
circumstances,oral argument is a necessary addition to the written filings.Any request for oral argument shall be
filed within 7 days of the date on which reply briefs are due. If a request for oral argument is granted,it will be held at
the Postal Regulatory Commission's offices at 901 New York Avenue NW.,Suite 200,Washington, DC 20268-0001.
[48 FR 33708,July 25, 1983,as amended at 58 FR 38977,July 21, 1993]
§ 3001.117 Posting of documents by Postal Service for inspection by affected postal patrons.
In all proceedings conducted pursuant to this subpart H,the Postal Service shall cause to be displayed prominently,
in the post office or offices serving the patrons affected by the determination to close or consolidate a post office
which is under review,a copy of the service list and all pleadings, notices, orders, briefs and opinions filed in such
proceedings. Failure by the Postal Service to display prominently any such document shall be deemed sufficient
reason to suspend the effectiveness of the Postal Service determination under review until final disposition of the
appeal.
[42 FR 10993, Feb.25, 1977. Redesignated at 48 FR 33708,July 25, 1983]
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