Fillable APPEALS OF POSTAL SERVICE DETERMINATIONS TO CLOSE OR (Postal Regulatory Commission)

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APPEALS OF POSTAL SERVICE DETERMINATIONS TO CLOSE OR (Postal Regulatory Commission)

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PLEASE READ THESE INSTRUCTIONS ENTIRELY

BEFORE FILLING OUT THE ENCLOSED

PARTICIPANT STATEMENT

APPEALS OF POSTAL SERVICE DETERMINATIONS

TO CLOSE OR CONSOLIDATE POST OFFICES

INTRODUCTION

Congress requires the Postal Service to follow specific procedures and to

consider certain factors before making a Final Determination to close or consolidate a

post office. When a patron appeals a Final Determination, the Postal Regulatory

Commission (Commission) must decide whether the Postal Service's closure or

consolidation of a post office is consistent with the law. The Commission may not

change the Postal Service's Final Determination. It may only (1) affirm the

determination, or (2) remand the entire matter to the Postal Service for further

consideration.

You may assist the Commission in its consideration of your appeal by sending a

written statement explaining why you believe that the Postal Service has not complied

with the law. Enclosed please find a Participant Statement form, which you may use to

present your written argument. The purpose of the Participant Statement is the same

as a formal brief, which is to point out issues that you believe the Commission should

consider in its review of the Postal Service's actions. You may also identify items in the

Administrative Record that support your position. You are not required to use this form.

You may file a Participant Statement as well as a formal brief.

REASONS FOR REMANDING A FINAL DETERMINATION

The Commission may remand a Final Determination if the Postal Service (1) fails

to follow proper procedure, or (2) fails to provide a written record of its actions that is

adequate to support its decision. The legal language that specifies how the

Commission evaluates a Final Determination appears under the heading “Postal

Regulatory Commission Authority” below. General examples of some reasons for

remand would be:

1. The Postal Service did not follow the procedure required by law;

2. The Postal Service did not adequately consider certain issues it is

required to consider;

3. The facts relied on by the Postal Service have not been established;

4. The facts in the Postal Service's Final Determination are true, but they do

not prove what the Postal Service says they prove; or

5. The Final Determination does not resolve conflicts in the Administrative

Record.

Print Form

Instructions for Form 61

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REVIEWING THE ADMINISTRATIVE RECORD

When investigating a post office for possible closing or consolidation, the Postal

Service keeps a record of all the actions it takes (such as soliciting comments or holding

a community meeting) and all the facts it considers in reaching a decision on whether to

close or consolidate the post office. This record is called the Administrative Record.

The Administrative Record also contains the Proposal, the Final Determination, and

other documents the Postal Service collects during its investigation. You should

review the Administrative Record before preparing your Participant Statement,

and you should provide references to it to support the arguments and assertions in your

Participant Statement.

When considering appeals of Final Determinations to close or consolidate post

offices, the Commission is limited to "appellate jurisdiction." As a result, the

Commission cannot conduct its own fact-finding investigation and must consider

appeals based solely upon the Administrative Record. Postal Service regulations

require that a copy of the Administrative Record be available at affected post

offices (i.e., wherever the Final Determination is posted) for 30 days after the Final

Determination is first posted. If an appeal is filed, the Administrative Record remains

available at the affected post offices, and all documents filed with the Commission

relating to the appeal will be posted at the affected post offices. Affected post

offices include the post office to be closed or consolidated, the proposed supervising

post office, and any post office likely to serve a significant number of customers of the

post office to be closed or consolidated.

AUTHORITY OF THE POSTAL SERVICE

In keeping with its responsibility to operate the nation's mail system, the Postal

Service has been given considerable authority over the operations of post offices. This

authority includes the power to decide whether a post office should be closed or

consolidated. However, before reaching a decision to close or consolidate a post office,

the Postal Service must follow a procedure set up by law, and it must take account of

certain specific effects of such an action.

PROCEDURE

The law sets out steps the Postal Service must take before it closes or

consolidates a post office. Prior to making a determination as to the necessity of

closing or consolidating any post office, the Postal Service must provide adequate

notice of its intention to close or consolidate the post office. Notice must be given at

least 60 days prior to the proposed date of closing or consolidation to persons served by

the post office. This is to insure that such persons have an opportunity to present their

views. The Postal Service calls the "notice of its intention to close or consolidate" the

"Proposal." During the 60 days, patrons are invited to give the Postal Service their

comments on the proposed closing or consolidation.

Instructions for Form 61

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The Postal Service calls its decision to close or consolidate a post office the

"Final Determination." Any Final Determination of the Postal Service to close or

consolidate a post office must be in writing and must include the findings of the Postal

Service with respect to certain specific factors. The Final Determination and findings

must be made available to persons served by the post office. The Postal Service may

not close or consolidate a post office until 60 days after its written Final Determination is

made available to persons served by the post office.

FACTORS TO BE CONSIDERED

In addition to following the required procedure, the Postal Service must also

consider certain factors. The Postal Service must consider:

(A) the effect of the closing or consolidation on the community served by that

post office;

(B) the effect of the closing or consolidation on employees of the Postal

Service employed at that office;

Government that the Postal Service shall provide a maximum degree of

effective and regular postal services to rural areas, communities, and

small towns where post offices are not self-sustaining;

(D) the economic savings to the Postal Service resulting from the closing or

consolidation; and

(E) such other factors as the Postal Service determines are necessary.

POSTAL REGULATORY COMMISSION AUTHORITY

Limitations on the Commission's authority prohibit it from remanding a Final

Determination to the Postal Service simply because the Commission believes a different

result might be better. Rather, the Commission may only examine the Postal Service's

decision and record in order to determine whether the Postal Service abided by

statutory guidelines. Specifically, the law requires that the Commission affirm the Postal

Service's Final Determination unless the determination is:

(A) arbitrary, capricious, an abuse of discretion, or otherwise not in

accordance with the law;

(B) without observance of procedure required by law; or

Instructions for Form 61

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PARTICIPANT STATEMENT

We have included a form that you may use for your written argument.

The Participant Statement should be as specific as possible.

Commission proceedings to review Postal Service Final Determinations to close

or consolidate post offices can be much less formal than is customary in courts. The

Commission does not require patrons appealing Postal Service decisions to meet the

usual format requirements for filed documents. However, it is important that papers

sent to the Postal Regulatory Commission be legible. It is also important for statements

to be clear and as specific as possible.

The due date for a Participant Statement or brief can be found in the schedule

which is attached as an Appendix to the "Notice and Order of Filing of Appeal." You

should have a copy of the Notice and Order. If you do not, you should be able to find a

copy posted at the post office.

Briefs and Participant Statements may be filed electronically, using the Filing

Online function on the Commission’s website, www.prc.gov, or by mail. Under its rules,

the Commission expects to receive briefs on or before the day specified in the schedule,

rather than receiving briefs that are simply postmarked by that day.

Address the Participant Statement or brief to:

Office of the Secretary

Postal Regulatory Commission

901 New York Avenue, NW, Suite 200

Washington, DC 20268

BEFORE THE

POSTAL

REGULATORY COMMISSION

WASHINGTON, DC 20268

In the Matter of

Docket No.:____________

__________________, _____ __________

Post Office State ZIP Code

______________________________Petitioner(s)

PARTICIPANT STATEMENT

1. Petitioner(s) are appealing the Postal Service's Final Determination

concerning the _______________ post office. The Final Determination was posted

_____________.

(date)

2. In accordance with applicable law, 39 U.S.C. § 404(d)(5), the Petitioner(s)

request the Postal Regulatory Commission to review the Postal Service's Final

Determination on the basis of the Administrative Record before the Postal Service in the

making of the Final Determination.

3. Petitioners: Please set out below the reasons why you believe the Postal

Service's Final Determination should be reversed and returned to the Postal Service for

further consideration. (See pages 1 and 3 of the Instructions for an outline of the kinds

of reasons the law requires us to consider.) Please be as specific as possible. Please

continue on additional paper if you need more space and attach the additional page(s)

to this form.

______________________________________________________________________

Participant Statement

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______________________________________________________________________

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