§ 5208. — Procedures.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 39USC5208]
TITLE 39--POSTAL SERVICE
PART V--TRANSPORTATION OF MAIL
CHAPTER 52--TRANSPORTATION OF MAIL BY SURFACE CARRIER
Sec. 5208. Procedures
(a) At any time after 6 months from the entry of an order stating
the Board's determination under section 5207 of this title, the Postal
Service or an interested carrier may apply for a reexamination and
substantially similar proceedings as have theretofore been had shall be
followed with respect to the rates of compensation for services covered
by the application. At the conclusion of the hearing the Board shall
enter an order stating its determination.
(b) Except as authorized by sections 5207(d), 5209, 5210, and 5212
of this title, the Postal Service shall pay a carrier the rates or
compensation so determined and fixed for application at such stated
times as named in the order.
(c) The Postal Service may file with the Board a comprehensive plan
stating--
(1) its requirements for the transportation of mail by carrier;
(2) the character and speed of the trains or motor vehicles
which are to carry the various kinds of mail;
(3) the service, both terminal and en route, which carriers are
to render;
(4) what it believes to be the fair and reasonable rates or
compensation for the services required; and
(5) all other information which may be material to the inquiry,
but such other information may be filed at any time in the
discretion of the Board.
(d) When a comprehensive plan is filed, the Board shall give notice
of not less than 30 days to each carrier required by the Postal Service
to transport mail pursuant to such plan. A carrier may file its answer
at the time fixed by the Board, but not later than 30 days after the
expiration date fixed by the Board in the notice, and the Board shall
proceed with the hearing.
(Pub. L. 91-375, Aug. 12, 1970, 84 Stat. 770; Pub. L. 104-88, title III,
Sec. 307(12), (14), Dec. 29, 1995, 109 Stat. 946.)
Amendments
1995--Pub. L. 104-88 substituted ``Board's'' for ``Commission's'' in
subsec. (a) and ``Board'' for ``Commission'' wherever appearing in
subsecs. (a), (c), and (d).
Effective Date of 1995 Amendment
Amendment by Pub. L. 104-88 effective Jan. 1, 1996, see section 2 of
Pub. L. 104-88, set out as an Effective Date note under section 701 of
Title 49, Transportation.
Section Referred to in Other Sections
This section is referred to in section 5203 of this title.
