omy of the Philippines, and such other factors as the Commission deems relevant, payment will be made as arranged between the Commission and the public claimant. The Commission may advance funds when it determines that it is practicable to do so.

§ 802.9 Value of property. Section 102 of the act provides that no claim shall be approved in an aggregate amount which exceeds whichever of the following amounts, as determined by the Commission, is less:

(a) The actual cash value, at the time of loss, of property lost or destroyed and the amount of the actual damage to other property of the claimant which was damaged as a direct result of the perils listed; or

(b) The cost of repairing or rebuilding such lost or damaged property, or its replacement by other property of like or similar quality.

In determining "the actual cash value" of real property damaged or destroyed, the Commission has determined that it will give consideration to (1) the reproduction cost of such property in 1940, with appropriate allowance for its actual condition at that time, (2) the assessed value of the property, (3) the insured value of the property, and (4) such other factors as may warrant special consideration in each case.

8802.10 Other agencies. Under section 101 (c) of the act the Commission may delegate functions to any other department or agency of the United States.

§ 815.1 Rule making. The Commission finds that notice and public procedure, as required by the Administrative Procedure Act (Pub. Law 404, 79th Congress), in connection with its rules and regulations, is impracticable and unnecessary for the reason that members of the Commission and personnel recruited in the United States will be moved to its principal office in Manila before public rule-making procedures can become effective.

§ 815.2 Exercise of power. The Commission may meet and exercise all its powers at any place and designate any of its members or any duly authorized agent or agents to perform any functions which may be delegated by law.

§ 815.3 Quorum. Two of the Commissioners in office shall constitute quorum.

a

§ 815.4 Suspension of rules. In an emergency, or when in the judgment of the Commission public interest requires it, the Commission may modify or suspend any of its rules of practice and procedure, except such details of procedure as are expressly required by law. Whenever feasible, public notice of such suspension will be given.

§ 815.5 Confidential information. Designated agents of the Commission may make specific information available to any member of the general public upon application, if the giving of such information is essential in the development of claims or other valid reasons. Any records requiring secrecy in the public interest, or any matter relating solely to the internal management of the Commission, shall be considered strictly confidential and not available to the public.

§ 815.6 Conditions of employment, United States employees. Persons who are citizens of the United States employed by the Commission shall be subject to the same rules and regulations, present or future, as apply to other Federal employees, and to such rules and regulations, present or future, as the Commission may prescribe.

(a) Appointments. The Commission may, without regard to the civil service laws or the Classification Act of 1923, as amended, appoint employees and fix their compensation pursuant to the exemption granted in the act, but, insofar as is practicable, will follow standard government procedures.

(b) Transportation. The Commission will provide transportation at its expense for those persons who are transported to the Philippines for employment by the Commission, and, upon the completion of such employment, it will provide return transportation to their place of actual residence in the Unted States at the time of appointment, subject to the following conditions:

(1) If the employee shall voluntarily leave the employment of the Commission, or shall be removed because of his misconduct, within 12 months from arrival at his duty station, he shall be obligated to repay to the Commission, or to the United States Government, the cost of his transportation; the Commission is authorized to withhold payments of salary or living allowances, or otherwise collect to the extent of such obligation. The Commission shall not be obligated to pay for the return of the employee to the United States. (Pub. Law 600, 79th Cong.)

(2) If the employee shall voluntarily leave the employment of the Commission, or shall be removed because of his misconduct, within 24 months from arrival at his duty station in the Philippines, the Commission shall not be obligated to pay for the return of the employee to the United States. (Pub. Law 600, 79th Cong.)

(3) The provisions of this section are subject to such exceptions as the Commission may determine for good cause shown. (Pub. Law 600, 79th Cong.)

(c) Transportation of immediate families, personal property, and household goods. (1) The Commission will pay for the transportation of the immediate families of employees from the place of actual residence in the United States at the time of employment to the Philippines and will pay for their return to such residence. Payment of such transportation will be subject to compliance by the employee with the terms and conditions set forth above. The personal effects and household goods of the employee and his immediate family within limitations prescribed by law will be transported at the expense of the Commission under the terms and conditions set forth in paragraph (b) of this section. (Pub. Law 600, 79th Cong.)

(2) "Immediate family" includes spouse, children (including step-children), and adopted children unmarried and under 21 years of age or physically

§ 815.7 Employment of citizens of the Philippines. The Commission will employ citizens of the Philippines on a basis which will reflect a prevailing wage for similar work in the Philippines.

§ 815.8 Prohibition. All employees of the Commission are prohibited from accepting any gifts or remuneration for any assistance which may be provided to claimants or others in connection with preparing, servicing, or obtaining payment for claims filed with the Commission. The violation of this prohibition will lead to the discharge of such employee and any further action as existing laws permit. No former employee of the Commission shall be permitted to assist claimants for compensation or to appear before the Commission on behalf of claimants for a period of 2 years after termination of his employment with the Commission, unless the Commission shall find in each individual case that the public interest will not suffer if an exemption from this rule is made.

§ 815.9 Hearings. Pursuant to section 113 of the act and § 802.6 of this chapter, any claimant whose claim is denied, or is approved for less than the full allowable amount of said claim, shall be entitled to a hearing before the Commission or its representatives with respect to such claim, under the following terms and conditions:

(a) Application for hearing. Within 90 days after the Commission's records show that a notice of denial or approval for a lesser amount has been posted by the Commission, the claimant, if a hearing is desired, shall inform the Commis

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sion in writing, and shall further set forth in such request his reasons in full for requesting the hearing, including any statement of the law or facts upon which the claimant relies. If, for good cause shown in the request, the claimant is unable to furnish such statement within the aforesaid 90 days, the claimant may request additional time, and the Commission will extend the time for such period as in its discretion appears to be reasonable. In his initial request the claimant shall state whether he desires to make an oral presentation to the Commission or its representatives. If such oral presentation in support of the claimant's position is requested, the claimant may appear on his own behalf or be represented by any person of his own choosing. If no such request for oral hearing is made, the Commission will assume that the hearing shall be confined to a review of the claim, evidence in support thereof, and any additional information the Commission or its representatives may obtain, in order to arrive at a just conclusion. Additional evidence will not be received from the claimant unless the Commission SO orders.

(b) Docket. After receipt of a request for a hearing, the Commission will cause the claim to be docketed for hearing, and all proceedings with respect to such claim will be held in abeyance pending final determination by the Commission. If the claimant has requested the right to make an oral presentation, the claimant will be notified of the time and place for such presentation.

(c) Method of hearing. Except in those instances in which the Commission

determines that any individual member of the Commission or the Commission as a whole shall conduct a hearing, or make such review, the Commission designates as its representative any lawyer in the Appeals Division of the General Counsel's Office to make the initial review or conduct the oral hearing. No lawyer so appointed shall have had any previous connection with the processing of the claim, or shall be biased in any way for or against the claimant. Any claimant shall have a full opportunity to make his oral presentation.

(d) Action on claim. The Commission, or its designated representative, will make written findings, and where hearings are before representatives, these will be submitted to the Commission for final determination. When approved by the Commission, these findings shall be the final determination of the Commission. A copy will be furnished to the claimant.

§ 815.10 Investigations. In the process of making investigations the Commission or its representatives shall have the right to make such inquiry as may be necessary to determine the true facts. The claimant shall give the Commission the privilege of investigating from confidential sources and, where necessary, will request such confidential source to furnish all necessary information to the Commission or its representatives. If, upon specific request, the claimant shall fail to give such permission, or any necessary instructions, the Commission will have the right to reject the claim.

Federal Security Administrator, the Assistant Federal Security Administrator acts as Administrator. The Agency is composed of six staff officers, to wit: Office of Administration, Office of the General Counsel, Office of Federal-State Relations, Office of Inter-Agency and International Relations, Office of Research, and Office of Information, and four operating branches, to wit: Public Health Service, Social Security Administration, Office of Education, and Office of Special Services. The Assistant Administrator is authorized to make contracts for personal services, supplies and equipment.

The

§ 1.2 Office of Administration. Office of Administration is under the direction and supervision of the Executive Assistant and is responsible for the development and establishment of standards and procedures and for the general direction, coordination and review of all management functions of the Agency. It also conducts the liquidation of the Civilian Conservation Corps, the National Youth Administration, and Office of Community War Services. The Office is composed of four divisions: Budget Division, Division of Personnel Management, Division of Service Operations, and Division of Administrative Planning. The Executive Assistant is authorized to make contracts for personal services, supplies and equipment.

(a) Budget Division. The Budget Division is under the direction and supervision of the Budget Officer. It formulates budget policies, establishes standards and procedures, supervises the preparation of budget estimates, exercises general direction over functions of the Agency in connection with appropriations and maintains liaison with other Government establishments in matters relating to budgets, appropriations and finance. The Budget Officer is also charged with the responsibility for supervising the liquidation of the National Youth Administration, Civilian Conservation Corps and the Office of Community War Services. In liquidating the Civilian Conservation Corps, the Agency is authorized to dispose of the buildings and property of the Corps by transfer to Federal, State, county, municipal or nonprofit agencies for the promotion of conservation, education, recreation or health. The Budget Officer is authorized to make contracts for personal services. supplies and equipment.

(b) Division of Personnel Management. The Division of Personnel Management is under the direction of the Director of Personnel. It is responsible for the development and establishment of standards and procedures, and for general direction and coordination of the Agency's functions in connection with personnel and for the conduct of the personnel operations of the Staff Offices of the Agency. It maintains liaison with other Government agencies or establishments in matters relating to personnel. The authority of the Operating Branches of the Agency or their constituent organizations to appoint field personnel is contained in the portion of the Code of Federal Regulations assigned to the Operating Branch or Constituent Organization.

(c) Division of Service Operations. The Division of Service Operations is under the direction and supervision of the Director of Service Operations and is responsible for establishment, coordination and general direction of the procurement, travel and other service operations of the Agency. It conducts the service operations of the Staff Offices of the Agency. The Division maintains liaison with other Government agencies and establishments in matters relating to service operations. The Director and Assistant Director of Service Operations are authorized to make contracts for personal services, supplies and equipment. The authority of the Operating Branches of the Agency or their constituent organizations to contract is contained in the portion of the Code of Federal Regulations assigned to the particular Operating Branch or Constituent Organization.

(d) Division of Administrative Planning. The Division of Administrative Planning is under the direction and supervision of the Administrative Consultant and is responsible for organization planning and for elimination of duplication, for simplification of method, and for standardization of procedure within the Agency.

§ 1.3 Office of the General Counsel. The Office of the General Counsel is under the direction and control of the General Counsel. It renders legal advice to the Administrator, to the Staff Offices and Operating Branches of the Agency and to the heads thereof, and is responsible for all legal activities of the Agency. It represents the Agency in litigation