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§ 304.11 Final denial of claim.
The Gencral Counsel will send notification of the final denial of an administrative claim to the claimant, his attorney, or legal representative by certified or registered mail. The notification of final denial may include a statement of the reasons for the denial and shall include a statement that, if the claimant is dissatisfied with the Peace Corps action, he may file suit in an appropriate U.S. District Court not later than 6 months after the date of mailing of the notification. § 304.12 Action on approved claim.
(a) Payment of a claim approved under this subpart is contingent on claimant's execution of (1) a "Claim for Damage or Injury,” Standard Form 95; and (2) a “Voucher for Payment," Standard Form 1145, as appropriate. When a claimant is represented by an attorney, the voucher for payment shall designate the claimant and his attorney as copayees, and the check shall be delivered to the attorney, whose address shall appear on the voucher.
(b) Acceptance by the claimant, his agent, or legal representative of an award, compromise, or settlement made under section 2672 or 2677 of title 28, United States Code, is final and conclusive on the claimant, his agent or legal representative, and any other person on whose behalf or for whose benefit the claim has been presented, and constitutes a complete release of any claim against the United States and against any officer or employee of the Government whose act or omission gave rise to the claim, by reason of the same subject matter.
§ 305.1 Purpose and general guideline.
The purpose of this subpart is to state the requirements of eligibility for Peace Corps Volunteer Service and to discuss the factors considered in the assessment and selection of eligible applicants for training and service. In carrying out this subpart, as required by section 5(a) of the Peace Corps Act, as amended, “no political test shall be required or taken into consideration, nor shall there be any discrimination against any person on account of race, creed, or color.” § 305.2 Eligibility.
The Peace Corps invites to Peace Corps training programs those eligible applicants who skills, personal attributes and aptitudes fit those required for available Volunteer assignments. The following are the basic requirements that an applicant must satisfy to be eligible for Peace Corps Volunteer service:
(a) Citizenship. Be a citizen or national of the United States or have made such arrangements satisfactory to the Offices of Selection and of the General Counsel to be naturalized during the U.S. training period or shortly thereafter. (See section 5(a) of the Peace Corps Act, as amended.)
(b) Age. Be at least 18 years of age. However, if the parents of an 18- to 21-year-old applicant advise the Peace Corps that they disapprove of his application, the application shall be held in abeyance, and the Office of Selection shall, after receiving an opinion from the Office of the General Counsel, and considering all the facts of the case, decide whether to issue an invitation.
(c) Marital status. (1) If the applicant is married and living with his or her spouse (or intends to marry prior to or during Peace Corps service), both husband and wife (or fiance and fiancee) must apply and qualify for assignment at the same location. A married applicant qualified for assignment as a Volunteer Leader may, however, be accepted for training and service and accompanied overseas by a non-Volunteer spouse.
(2) If the applicant (whether male or female) is married but legally or in fact separated from his spouse, he must, prior to being issued an invitation to training, satisfy the Director of the Office of Selection and the General Counsel that (i) he will be an effective Volunteer; (ii) his participation in the Peace Corps will not further disrupt the marital relationship; and (iii) he has acted to ensure that any
PART 305—ELIGIBILITY AND SELEC
TION FOR PEACE CORPS VOLUN
TEER SERVICE Sec. 305.1 Purpose and general guideline. 305.2 Eligibility. 305.3 Selection standards.
AUTHORITY: The provisions of this Part 305 issued under secs. 4, 5(a) and 22, 75 Stat. 612, 22 U.S.C. 2503; E.O. 11041, as amended, 3 CFR, 1959–1963 Comp.; Sec. 2(6), State Department Delegation of Authority No. 85– 11A, as amended.
SOURCE: The provisions of this Part 305 appear at 34 F.R. 5841, Mar. 28, 1969, unless otherwise noted.
obligation of his to support his separated (g) Absence of intelligence backspouse will be met during his training
ground. Not have worked for or served and service.
in any intelligence agency, civilian or (d) Dependents. If the applicant military, or have been associated with (whether male or female) has any de- any intelligence operations. pendents and has not been designated a Volunteer Leader applicant, he must,
§ 305.3 Selection standards. prior to being issued an invitation to To qualify for selection for overseas training, satisfy the Director of Selection service as a Volunteer, a trainee must and the General Counsel:
demonstrate by the end of training that (1) As to any dependent other than he or she meets the following selection children under age 18, that his absence standards, and that his enrollment as a for training and service will not deprive Volunteer must be clearly consistent with his dependent(s) of any care or support the interests of the national security. which he may be obligated to provide; (a) Motivation indicating commitand
ment to serve a full term (usually 2 (2) As to any dependent child under years) as a Volunteer despite periods of age 18—whether or not living with the stress. applicant—that (i) he has arranged (b) Intelligence sufficient to meet the satisfactorily for the support of the child needs of a particular pro m and to during his training and service; (ii) the cope with other challenges of Peace separation of him and the child will not Corps service, including rapid learning adversely affect their relationship; and in a short training period. (iii) he is not using Peace Corps service (c) Personal qualities including inito escape responsibility for the child's tiative, determination, friendliness, pawelfare.
tience, ability to communicate and (e) Legal status. Not be on parole or respect for other people regardless of probation (other than a summary proba- race, religion, nationality, social standtion) to any court or have any court- ing or political persuasion. established or acknowledged financial or (d) Competence in the skills and proother legal obligation which, in the ficiencies needed for the particular job opinion of the Office of the General assignment overseas. Counsel, could not be satisfied or post- (e) Such reasonable proficiency in the poned during the individual's participa- host country language as his overseas tion in the Peace Corps.
assignment requires. (See section 23 of (f) Medical status. Be able to satisfy the Peace Corps Act.) the Peace Corps' rigorous nhysical and (f) Adequate knowledge of both the mental health requirements.
host country and the United States.
CHAPTER IV–INTERNATIONAL JOINT COMMISSION
UNITED STATES AND CANADA
Subpart A-General Sec. 401.1 Definitions. 401.2 Chairmen. 401.3 Permanent offices. 401.4 Duties of secretaries. 401.5 Meetings. 401.6 Service of documents. 401.7 Conduct of hearings. 401.8 Decision by the whole Commission. 401.9 Suspension or amendment of rules. 401.10 General rule. 401.11 Availability of records.
Subpart B-Applications 401.12 Presentation to Commission, 401.13 Copies required. 401.14 Authorization by Government. 401.15 Notice of publication. 401.16 Statement in response. 401.17 Statement in reply. 401.18 Supplemental or amended applica
tions and statements. 401.19 Reducing or extending time and dis
pensing with statements. 401.20 Interested persons and counsel. 401.21 Consultation. 401.22 Attendance of witnesses and produc
tion of documents. 401.23 Hearings. 401.24 Expenses of proceedings. 401.25 Government brief regarding navi
Subpart C-References 401.26 Presentation to Commission. 401.27 Notice and publication. 401.28 Advisory boards. 401.29 Hearings. 401.30 Proceedings under Article X.
AUTHORITY: The provisions of this part 401 issued under Art. XII, 36 Stat. 2453.
SOURCE: The provisions of this part 401 appear at 30 F.R. 3379, Mar. 13, 1965, unless otherwise noted.
Subpart A-General $ 401.1
Definitions. (a) In the construction of the regulations in this part, unless the context otherwise requires, words importing the singular number shall include the plural and words importing the plural number shall include the singular, and;
(b) “Applicant” mean the Government or person on whose behalf an application is presented to the Commission in accordance with $ 401.12;
(c) “Government” means the Government of Canada or the Government of the United States of America;
(d) “Person" includes Province, State, department or agency of a Province or State, municipality, individual, partnership, corporation and association, but does not include the Government of Canada or the Government of the United States of America;
(e) “Oath” includes affirmation;
(f) "Reference” means the document by which a question or matter of difference is referred to the Commission pursuant to Article IX of the Treaty;
(g) “The Treaty” means the Treaty between the United States of America and His Majesty the King, dated the 11th day of January 1909;
(h) “Canadian section" consists of the commissioners appointed by Her Majesty on the recommendation of the Governor in Council of Canada;
(i) “United States section” consists of the Commissioners appointed by the President of the United States.
§ 401.2 Chairmen.
(a) The commissioners of the United States section of the Commission shall appoint one of their number as chairman, to be known as the Chairman of the United States Section of the International Joint Commission, and he shall act as chairman at all meetings of the Commission held in the United States and in respect to all matters required to be done in the United States by the chairman of the Commission.
(b) The commissioners of the Canadian section of the Commission shall appoint one of their number as chairman, to be known as the Chairman of the Canadian Section of the International Joint Commission, and he shall act as chairman at all meetings of the Commission held in Canada and in respect to all matters required to be done in Canada by the chairman of the Commission.
(c) In case it shall be impracticable for the chairman of either section to act in any matter, the commissioner of such section who is senior in order of appointment shall act in his stead. § 401.3 Permanent offices.
The permanent offices of the Commission shall be at Washington, in the District of Columbia, and at Ottawa, in the Province of Ontario, and, subject to the directions of the respective chairmen acting for their respective sections, the secretaries of the United States and Canadian sections of the Commission shall have full charge and control of said offices, respectively. § 401.4. Duties of secretaries.
(a) The secretaries shall act as joint secretaries at all meetings and hearings of the Commission. The secretary of the section of the Commission of the country in which a meeting or hearing is held shall prepare a record thereof and each secretary shall preserve an authentic copy of the same in the permanent offices of the Commission.
(b) Each secretary shall receive and file all applications, references and other papers properly presented to the Commission in any proceeding instituted before it and shall number in numerical order all such applications and references; the number given to an application or reference shall be the primary file number for all papers relating to such application or reference.
(c) Each secretary shall forward to the other for filing in the office of the
other copies of all official letters, documents, records or other papers received by him or filed in his office, pertaining to any proceeding before the Commission, to the end that there shall be on file in each office either the original or a copy of all official letters and other papers, relating to the said proceeding.
(d) Each secretary shall also forward to the other for filing in the office of the other copies of any letters, documents or other papers received by him or filed in his office which are deemed by him to be of interest to the Commission. § 401.5 Meetings.
(a) Subject at all times to special call or direction by the two Governments, meetings of the Commission shall be held at such times and places in the United States and Canada as the Commission or the Chairman may determine and in any event shall be held each year at Washington in April and at Ottawa in October, beginning ordinarily on the first Tuesday of the said months.
(b) If the Commission determines that a meeting shall be open to the public, it shall give such advance notice to this effect as it considers appropriate in the circumstances. & 401.6 Service of documents.
(a) Where the secretary is required by the regulations in this part to give notice to any person, this shall be done by delivering or mailing such notice to the person at the address for service that the said person has furnished to the Commission, or if no such address has been furnished, at the dwelling house or usual place of abode or usual place of business of such person.
(b) Where the secretary is required by the regulations in this part to give notice to a Government, this shall be done by delivering or mailing such notice to the Secretary of State for External Affairs of Canada or to the Secretary of State of the United States of America, as the case may be.
(c) Service of any document pursuant to $ 401.22 shall be by delivering a copy thereof to the person named therein, or by leaving the same at the dwelling house or usual place of abode or usual place of business of such person. The person serving the notice or request shall furnish an affidavit to the secretary stating the time and place of such service.
similarly for public information after Hearings may be conducted, testimony
duplicate originals of the decisions or
orders have been transmitted to and filed received and arguments thereon heard by the whole Commission or by one or
with the Governments pursuant to Ar
ticle XI of the Treaty. more Commissioners from each section of the Commission, designated for that
(c) Copies of reports submitted to one
or both of the Governments pursuant to purpose by the respective sections or the Chairman thereof.
the Treaty shall be available sin arly for
public information only with the consent $ 401.8 Decision by the whole Commis- of the Government or Governments to sion.
whom the reports are addressed. The whole Commission shall consider (d) Reports, letters, memoranda and and determine any matter or question other communications addressed to the which the Treaty or any other treaty or Commissions, by boards or committees international agreement, either in terms created by or at the request of the Comor by implication, requires or makes it mission, are privileged and shall become the duty of the Commission to determine. available for public information only in For the purposes of this section and accordance with a decision of the Com$ 401.7, “the whole Commission” means mission to that effect. all of the commissioners appointed pur- (e) Except as provided in the precedsuant to Article VII of the Treaty whose ing paragraphs of this section, records of terms of office have not expired and who deliberations, and documents, letters, are not prevented by serious illness or memoranda and communications of other circumstances beyond their control every nature and kind in the official recfrom carrying out their functions as ords of the Commission, whether adcommissioners. In no event shall a de- dressed to or by the Commission, comcision be made without the concurrence missioners, secretaries, advisers or any of of at least four commissioners.
them, are privileged and shall become $ 401.9
available for public information only in Suspension or amendment of rules.
accordance with a decision of the Com
mission to that effect. The commission may suspend, repeal, (f) A copy of any document, report, or amend all or any of the rules of pro- record or other paper which under this cedure at any time, with the concurrence section is available for public informaof at least four commissioners. Both tion may be furnished to any person Governments shall be informed fourth
upon payment of any cost involved in its with of any such action.
reproduction, § 401.10 General rule.
Subpart B—Applications The Commission may, at any time, adopt any procedure which it deems ex
§ 401.12 Presentation to Commission. pedient and necessary to carry out the
(a) Where one or the other of the true intent and meaning of the Treaty.
Governments on its own initiative seeks
the approval of the Commission for the § 401.11 Availability of records.
use, obstruction or diversion of waters (a) The following items in the official with respect to which under Articles III records of the Commission shall be avail- or IV of the Treaty the approval of the able for public information at the perma
Commission is required, it shall present nent offices of the Commission.
to the Commission an application setting
forth as fully as may be necessary for the Applications. References.
information of the Commission the facts Public Notices.
upon which the application is based and Press Releases.
the nature of the order of approval Statements in Response.
desired. Statements in Reply.
(b) Where a person seeks the approval Records of hearings, including exhibits filed. of the Commission for the use, obstrucBrief and formal Statements submitted at
tion or diversion of waters with respect hearings or at other times.
to which under Articles III or IV of the (b) Decisions rendered and orders is- Treaty the approval of the Commission sued by the Commission and formal is required, he shall prepare an applicaopinions of any of the Commissioners tion to the Commission and forward it with relation thereto, shall be available to the Government within whose juris