29 C.F.R. PART 102--RULES AND REGULATIONS, SERIES 8
TITLE 29--Labor
Subtitle B--REGULATIONS RELATING TO LABOR
CHAPTER I--NATIONAL LABOR RELATIONS BOARD
PART 102--RULES AND REGULATIONS, SERIES 8
Subpart A--DEFINITIONS
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| Terms defined in section 2 of the Act.
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| Regional director; officer-in-charge; regional attorney.
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| Administrative law judge; hearing officer.
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Subpart B--PROCEDURE UNDER SECTION 10 (A) TO (I) OF THE ACT FOR THE PREVENTION OF UNFAIR LABOR PRACTICES
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| Who may file; withdrawal and dismissal.
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| Forms; jurat; or declaration.
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| When and by whom issued; contents; service.
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| Hearing; change of date or place.
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| Appeal to the general counsel from refusal to issue or reissue.
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| Answer to complaint; time for filing; contents; allegations not denied deemed admitted.
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| Where to file; service upon the parties; form.
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| Extension of time for filing.
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| Motions; where to file; contents; service on other parties; promptness in filing and response; default judgment procedures; summary judgment procedures.
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| Motions, rulings, and orders part of the record; rulings not to be appealed directly to the Board without special permission; requests for special permission to appeal.
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| Review of granting of motion to dismiss entire complaint; reopening of the record.
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| Filing of answer or other participation in proceedings not a waiver of rights.
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| Intervention; requisites; rulings on motions to intervene.
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| Examination of witnesses; deposition.
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| Issuance of subpoenas; petitions to revoke subpoenas; rulings on claim of privilege against self-incrimination; subpoena enforcement proceedings; right to inspect and copy data.
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| Payment of witness fees and mileage; fees of persons taking depositions.
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| Transfer of charge and proceeding from region to region; consolidation of proceedings in same region; severance.
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| Who shall conduct; to be public unless otherwise ordered.
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| Duties and powers of administrative law judges; stipulations of cases to administrative law judges or to the Board; assignment and powers of settlement judges.
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| Unavailability of administrative law judge.
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| Disqualification of administrative law judge.
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| Rules of evidence controlling so far as practicable.
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| Stipulations of fact admissible.
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| Objection to conduct of hearing; how made; objections not waived by further participation.
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| Filings of briefs and proposed findings with the administrative law judge and oral argument at the hearing.
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| Continuance and adjournment.
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| Administrative law judge's decision; contents; service; transfer of case to the Board; contents of record in case.
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| Exceptions, cross-exceptions, briefs, answering briefs; time for filing; where to file; service on the parties; extension of time; effect of failure to include matter in exceptions; reply briefs; oral arguments.
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| Filing of motion after transfer of case to Board.
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| Action of the Board upon expiration of time to file exceptions to the administrative law judge's decision; decisions by the Board; extraordinary postdecisional motions.
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| Modification or setting aside of order of Board before record filed in court; action thereafter.
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| Hearings before Board or member thereof.
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| Settlement or adjustment of issues.
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| Compliance with Board order; notification of compliance determination.
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| Review by the General Counsel of compliance determination; appeal to the Board of the General Counsel's decision.
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| Initiation of formal compliance proceedings; issuance of compliance specification and notice of hearing.
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| Contents of compliance specification.
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| Answer to compliance specification.
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| Extension of date of hearing.
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| Hearing; posthearing procedure.
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Subpart C--PROCEDURE UNDER SECTION 9(C) OF THE ACT FOR THE DETERMINATION OF QUESTIONS CONCERNING REPRESENTATION OF EMPLOYEES AND FOR CLARIFICATION OF BARGAINING UNITS AND FOR AMENDMENT OF CERTIFICATIONS UNDER SECTION 9(B) OF THE ACT
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| Contents of petition for certification; contents of petition for decertification; contents of petition for clarification of bargaining unit; contents of petition for amendment of certification.
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| Consent-election agreements.
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| Investigation of petition by regional director; notice of hearing; service of notice; withdrawal of notice.
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| Introduction of evidence: rights of parties at hearing; subpoenas.
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| Proceedings before the regional director; further hearing; briefs; action by the regional director; appeals from action by the regional director; statement in opposition to appeal; transfer of case to the Board; proceedings before the Board; Board action.
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| Record; what constitutes; transmission to Board.
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| Election procedure; tally of ballots; objections; certification by the regional director; report on challenged ballots; report on objections; exceptions; action of the Board; hearing.
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| Dismissal of petition; refusal to proceed with petition; requests for review by the Board of action of the regional director.
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| Filing petition with general counsel; investigation upon motion of general counsel; transfer of petition and proceeding from region to general counsel or to another region; consolidation of proceedings in same region; severance; procedure before general counsel in cases over which he has assumed jurisdiction.
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Subpart D--PROCEDURE FOR UNFAIR LABOR PRACTICE AND REPRESENTATION CASES UNDER SECTIONS 8(B)(7) AND 9(C) OF THE ACT
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| Initiation of proceedings.
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| Complaint and formal proceedings.
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| Suspension of proceedings on the charge where timely petition is filed.
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| Petition; who may file; where to file; contents.
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| Investigation of petition by regional director; directed election.
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| Election procedure; method of conducting balloting; postballoting procedure.
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| Consent-election agreements.
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| Dismissal of petition; refusal to process petition under expedited procedure.
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| Review by the general counsel of refusal to proceed on charge; resumption of proceedings upon charge held during pendency of petition; review by the general counsel of refusal to proceed on related charge.
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| Transfer, consolidation, and severance.
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Subpart E--PROCEDURE FOR REFERENDUM UNDER SECTION 9(E) OF THE ACT
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| Petition for referendum under section 9(e)(1) of the Act; who may file; where to file; withdrawal.
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| Contents of petition to rescind authority.
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| Investigation of petition by regional director; consent referendum; directed referendum.
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| Hearing; posthearing procedure.
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| Method of conducting balloting; postballoting procedure.
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| Refusal to conduct referendum; appeal to Board.
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Subpart F--PROCEDURE TO HEAR AND DETERMINE DISPUTES UNDER SECTION 10(K) OF THE ACT
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| Initiation of proceedings.
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| Notice of filing of charge; notice of hearing; hearing; proceedings before the Board; briefs; determination of dispute.
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| Compliance with determination; further proceedings.
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Subpart G--PROCEDURE IN CASES UNDER SECTION 10(J), (L), AND (M) OF THE ACT
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| Expeditious processing of section 10(j) cases.
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| Priority of cases pursuant to section 10(l) and (m) of the Act.
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| Issuance of complaint promptly.
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| Expeditious processing of section 10(l) and (m) cases in successive stages.
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Subpart H--DECLARATORY ORDERS AND ADVISORY OPINIONS REGARDING BOARD JURISDICTION
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| Petition for advisory opinion; who may file; where to file.
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| Contents of petition for advisory opinion; contents of request for administrative advice.
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| Notice of petition; service of petition.
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| Response to petition; service of response.
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| Proceedings before the Board; briefs; advisory opinions.
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| Petitions for declaratory orders; who may file; where to file; withdrawal.
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| Contents of petition for declaratory order.
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| Notice of petition, service of petition.
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| Response to petition; service of response.
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| Proceedings before the Board; briefs; declaratory orders.
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Subpart I--SERVICE AND FILING OF PAPERS
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| Date of service; date of filing.
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| Methods of service of process and papers by the Agency; proof of service.
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| Filing and service of papers by parties; form of papers; manner and proof of filing or service; electronic filings.
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Subpart J--CERTIFICATION AND SIGNATURE OF DOCUMENTS
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| Certification of papers and documents.
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Subpart K--RECORDS AND INFORMATION
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| Board materials and formal documents available for public inspection and copying; requests for described records; time limit for response; appeal from denial of request; fees for document search and duplication; files and records not subject to inspection.
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| Present and former Board employees prohibited from producing files, records, etc., pursuant to subpoena ad testificandum or subpoena duces tecum; prohibited from testifying in regard thereto; production of witnesses' statements after direct testimony.
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Subpart L--POST-EMPLOYMENT RESTRICTIONS ON ACTIVITIES BY FORMER OFFICERS AND EMPLOYEES
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| Post-employee restrictions on activities by former Officers and employees.
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Subpart M--CONSTRUCTION OF RULES
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| Rules to be liberally construed.
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Subpart N--ENFORCEMENT OF RIGHTS, PRIVILEGES, AND IMMUNITIES GRANTED OR GUARANTEED UNDER SECTION 222(F), COMMUNICATIONS ACT OF 1934, AS AMENDED, TO EMPLOYEES OF MERGED TELEGRAPH CARRIERS
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| Amendment or rescission of rules.
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Subpart O--AMENDMENTS
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| Petitions for issuance, amendment, or repeal of rules.
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Subpart P--EX PARTE COMMUNICATIONS
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| Unauthorized communications.
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| Types of on-the-record proceedings; categories of Board agents; and duration of prohibition.
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| Communications prohibited.
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| Communications not prohibited.
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| Solicitation of prohibited communications.
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| Reporting of prohibited communications; penalties.
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| Penalties and enforcement.
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Subpart Q--PROCEDURE GOVERNING MATTERS AFFECTING EMPLOYMENT-MANAGEMENT AGREEMENTS UNDER THE POSTAL REORGANIZATION ACT
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| Employment-management agreements.
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Subpart R--ADVISORY COMMITTEES
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| Establishment and utilization of advisory committees.
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Subpart S--OPEN MEETINGS
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| Public observation of Board meetings.
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| Closing of meetings; reasons therefor.
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| Action necessary to close meetings; record of votes.
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| Notice of meetings; public announcement and publication.
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| Transcripts, recordings or minutes of closed meetings; public availability; retention.
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Subpart T--AWARDS OF FEES AND OTHER EXPENSES
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| ''Adversary adjudication'' defined; entitlement to award; eligibility for award.
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| Allowable fees and expenses.
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| Rulemaking on maximum rates for attorney or agent fees.
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| Contents of application; net worth exhibit; documentation of fees and expenses.
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| When an application may be filed; place of filing; service; referral to administrative law judge; stay of proceeding.
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| Filing of documents; service of documents; motions for extension of time.
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| Answer to application; reply to answer; comments by other parties.
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| Administrative law judge's decision; contents; service; transfer of case to the Board; contents of record in case.
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| Exceptions to administrative law judge's decision; briefs; action of Board.
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Subpart U--DEBT-COLLECTION PROCEDURES BY ADMINISTRATIVE OFFSET
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| Administrative offset; purpose and scope.
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| Agency requests for administrative offsets and cooperation with other Federal agencies.
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| Examination and copying of records related to the claim; opportunity for full explanation of the claim.
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| Opportunity for repayment.
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| Review of the obligation.
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| Additional administrative collection action.
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| Prior provision of rights with respect to debt.
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Subpart V--DEBT COLLECTION PROCEDURES BY FEDERAL INCOME TAX REFUND OFFSET
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| Federal income tax refund offset; purpose and scope.
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| Agency referral to IRS for tax referral effect; Agency responsibilities.
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| Relation to other collection efforts.
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| Agency review of the obligation.
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| Prior provision of rights with respect to debt.
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Subpart W--MISCONDUCT BY ATTORNEYS OR PARTY REPRESENTATIVES
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| Exclusion from hearings; Refusal of witness to answer questions; Misconduct by attorneys and party representatives before the Agency; Procedures for processing misconduct allegations.
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