affirm) that I will carefully and impartially investigate and try the case now about to be opened; that in announcing my conclusions and recommendations to be embodied in the report of this board to be submitted to the convoking authority, I will be governed wholly by the evidence adduced, and I will not be influenced for or against the accused by anything not clearly shown in the recorded evidence; so help me God." The presiding officer shall then administer the same oath to the recorder of the board. § 21.292 Oath of recorder and stenographer. The recorder and the stenographic assistants shall be sworn by the presiding officer to keep a true record of proceedings, as follows: "I do solemnly swear (or affirm) that I will faithfully perform the duties of recorder (or stenographer) to this board, and that I will not divulge any of the proceedings of the investigation; so help me God." § 21.293 Affirmations. The closing phrase invoking the Deity in the oaths prescribed in this subpart shall be omitted in cases of affirmation. § 21.294 Sessions. The board shall sit daily, except Sundays and holidays, until a decision is reached unless temporarily adjourned or dismissed by the authority which convoked it: Provided, That the presiding officer may, for good cause, grant a continuance to either party for such time and as often as may appear to be just. When the proceedings of the board have commenced, they shall not be suspended or delayed on account of the absence of any of the members if a majority but not less than three members is present, and in the absence of the accused officer without good cause the board may proceed as if he were present. § 21.295 Challenges. The presiding officer shall ask the accused whether he objects to being tried by any member of the board, and, in case of objection, he shall state his reasons therefor. The recorder shall enter a minute of the inquiry and of the answer upon the record. A challenged member shall have the right to reply to the accused. All parties except the unchallenged members shall be excluded until a decision has been reached upon the validity of the challenge by the remaining members of the board. Should the challenge be sustained, the facts shall be reported by the presiding officer to the Surgeon General, and if the number of members is reduced below three, the board shall adjourn until instructions are received. Each challenge, whenever the accused wishes to challenge more than one member, shall be received and considered separately. § 21.296 List of witnesses. The Service representative and the accused shall each furnish the presiding officer a list of his witnesses. Other witnesses may be introduced at a later stage of the investigation upon giving reasonable notice. The notice to testify shall be prepared by the recorder and signed by the presiding officer. § 21.297 Reading of charges and specifications. The recorder shall read in the presence of the accused the charges and specification of charges preferred against him, and the accused shall be called upon to plead on each specification and charge seriatim, as follows: The recorder shall read the specification of the first charge, and the presiding officer shall then address the accused by name and designation and ask whether he is guilty or not guilty of the specification just read. Each specification shall be read and the accused asked to plead in each instance until all of the specifications of the first charge have been covered. Then the charge shall be read and the accused be required to plead to that. The specifications and charges shall be pleaded to in this manner until all have been covered. § 21.298 Plea to charges. If the accused officer is present and refuses to plead, the presiding officer shall direct a plea of "not guilty" to be entered. § 21.299 Plea in bar. A plea in bar of investigation shall be in writing, signed by the accused, and appended to the record. Witnesses may be called and arguments submitted by both parties upon such plea. The board shall deliberate upon the matter in closed session, and, upon reopening, the board's decision shall be announced by the presiding officer. If the plea is sustained, a report shall be forwarded to the convoking authority and the board shall adjourn to await further orders. § 21.300 Preliminary instructions to witnesses. Witnesses other than the accused shall be present only when testifying, and they shall be warned that they are not to converse on any matter pertaining to the pending investigation. Page 187 § 21.301 Calling of witnesses; oath. The witnesses shall be called before the board separately. The presiding officer shall administer to each the following oath: "I do solemnly swear (or affirm) that I will make true answers to such questions as may be propounded to me; so help me God." Witnesses shall be cautioned before giving their testimony to testify only to facts which are within their own knowledge. § 21.302 Verification of testimony. After the testimony of the witness is closed the whole of his testimony as recorded may be read over to him and, when corrected in such parts as are in error, he shall sign it. The signatures of the witnesses shall be authenticated by the presiding officer of the board. § 21.303 Witness fees. Upon the application of the presiding officer payment of the usual witness fees to witnesses unconnected with the Government service may be authorized. § 21.304 Evidence; admissibility. Evidence may be received by the board even though inadmissible under rules of evidence applicable to court procedure. The Service representative or the counsel for the accused may, however, object to the admission of evidence or testimony on the ground that it is irrelevant, immaterial, incompetent, or otherwise improper, and if such objection is overruled by the board he shall be allowed to enter his objection upon the record. Notwithstanding the provisions of § 21.281, whenever it shall appear to the board to be material to the charges to prove or disprove a particular habit of the accused, evidence as to his record in that regard for a period of 3 years prior to the order convoking the board shall be admissible. § 21.305 Depositions. Depositions of individuals who are unable to appear in person before the board and whose testimony is material to a complete investigation of the case may be received, provided that the accused shall be given an opportunity to have present when the deposition is taken a representative who may cross-examine the witnesses. offered in rebuttal, surrebuttal, impeachment, or to sustain the credibility of those witnesses whose testimony an effort has been made to impeach. The board may recall a witness at any stage of the proceedings, provided that the right of cross-examination by the accused and the Service representative shall not be denied. Each witness shall first be examined in chief by the party who summons him, and then cross-examined by the opposite party. In case of new matter being introduced on cross-examination, the party calling the witness may examine him with respect to such matter, and, under like circumstances, a recross-examination shall be permitted. The Board may put such questions to the witness as may be deemed necessary; a question by a member of the board generally shall not be asked until the Service representative and the accused have finished their examinations. § 21.307 Testimony of accused. The accused may in any case, testify in his own behalf, but his failure to do so shall create no presumption against him. If the accused does testify in his own behalf, he shall be subject to cross-examination concerning any facts to which he has testified. § 21.308 Defense rebuttal. When the examination of witnesses is closed the accused may present arguments in his defense, in writing or orally, in person or by counsel. This statement, if written, may be read before the board. The whole shall become a part of the record. § 21.309 Reply of service representative. The Service representative shall have the right to reply to the defense in writing or orally, and this reply shall become a part of the record. § 21.310 Close of hearing. When the Service representative and the defense have completed their arguments, the hearing shall be closed. The board may, however, before its finding, authorize reopening for the introduction of new evidence, provided it be shown that the evidence is material and its omission would leave the case incomplete. The board shall then retire to consider the record. § 21.311 Consideration by board. (a) When the board has sufficiently examined the evidence, the presiding officer shall put the question upon each specification of each charge, beginning with the first, whether the specification is "proved", "not proved”, or “proved in part". No written minute of the votes shall be preserved unless so ordered by the unanimous vote of the board. In any oral vote the member of the board who is junior in rank shall vote first. When a majority of the board agrees upon a finding it shall be so recorded. (b) When the members have voted upon all the specifications of any charge, the question shall be put upon the charge to each member: "Is the accused guilty of the charge, or not guilty?". When a majority decision is arrived at, the result shall be recorded. The board shall then proceed to the next charge and specifications until votes have been taken and decisions recorded upon all the charges and specifications. (c) When the members of the board have voted upon all the charges, if the accused has been found guilty upon any of them, the members shall proceed to vote upon the punishment to be recommended. Each member shall write down the punishment which he believes should be recommended and shall hand his vote to the presiding officer, who shall announce the result. If a majority shall not have agreed upon the nature and degree of the punishment to be recommended, the presiding officer shall proceed, beginning with the mildest punishment that has been proposed and continuing, if necessary, to the next more severe punishment, and so on, successively, until a punishment to be recommended has been decided upon by a majority of the members of the board. (d) A finding of guilty shall not be entered on a charge other than a charge specified. In case evidence develops which in the opinion of the Service representative warrants additional charges and specifications, appropriate recommendation shall be made with respect thereto by the Service representative to the Surgeon General. The Service representative shall give due notice to the presiding officer, whereupon the board shall await further instructions from the Surgeon General. § 21.312 Findings and recommendations of board. After all charges and specifications have been voted upon, the recorder, under the direction of the board, shall draw up the findings, specifying as to each charge whether the accused has been found guilty or not guilty, and, on approval by the board, shall enter such findings upon the record, to gether with the recommendations of the board as to punishment and clemency if the accused has been found guilty of any charge. § 21.313 Recommendations of board. In arriving at its recommendations as to the nature and degree of the punishment, if any, to be imposed, the board shall take into consideration all previous convictions and the official record of the accused. If mitigating circumstances have appeared during the proceedings which could not be taken into consideration in determining the degree of guilt found by the verdict, the board may avail itself of such circumstances as grounds for recommending clemency. Any recommendation for clemency shall be inserted immediately after the recommendation as to punishment. § 21.314 Report to accompany record. The board shall prepare a report to accompany the record and in such report shall review the evidence as a whole, with specific reference to all evidence and to any conclusions of law on controverted questions upon which the findings are based. The report of the board shall be signed by the members concurring; any member or members not concurring, in whole or in part, may submit and sign a minority report. § 21.315 Transmittal of record and report. After the record (including the transcript of the testimony) and other documents have been signed, they shall be forwarded by the presiding officer to the Surgeon General. The board shall then adjourn pending further orders. Action Upon Findings and Recommendations of Board § 21.321 Action by Surgeon General. The Surgeon General shall review the record, report, and recommendations of the board, and may either order further investigation by the board or transmit the papers in the case to the Administrator with his recommendations. § 21.322 Action by the Administrator. No recommendation for punishment shall be effective until approved by the Administrator. The Administrator shall review the record, report, and recommendations of the board and the recommendations of the Surgeon General, and may either order a further investigation by the board or approve the findings and recommendations in whole or in part; or, upon the basis of the approved findings, he may order punishment or a grant of clemency or other disposition not inconsistent with these regulations. The disposition of a case by the Administrator shall be final. PART 22-PERSONNEL OTHER THAN COMMISSIONED OFFICERS LEPROSY DUTY BY CIVIL SERVICE OFFICERS AND EMPLOYEES Sec. 22.1 Duty requiring intimate contact with leprosy patients; additional pay for civil service officers or employees. 22.2 Exception respecting certain persons. LEPROSY DUTY BY CIVIL SERVICE OFFICERS AND EMPLOYEES § 22.1 Duty requiring intimate contact with leprosy patients; additional pay for civil service officers or employees. Except as provided in § 22.2, civil service officers and employees of the Service shall receive additional pay for duty requiring intimate contact with leprosy patients on the same basis as is set forth in § 21.61 of this chapter with respect to officers of the commissioned corps. (Sec. 209 (g), 58 Stat. 687; 42 U. S. C. 210 (g)) § 22.2 Exception respecting certain persons. No civil service officer or employee of the Service who is occupying a position allocated at a level above similar positions at general hospital stations of the Service shall receive any additional payment under § 22.1 until the status of such position has been reallocated in accordance with similar positions at general hospital stations of the Service. (Sec. 209 (g), 58 Stat. 687; 42 U. S. C. 210 (g)) DELEGATIONS, REVOCATIONS, AND EFFECTIVE DATE 2. Exercise by the Administrator of certain powers of the President. The Administrator is authorized, in his discretion, to exercise the powers of the President (a) to terminate reserve commissions under section 207 (a) (2) of the act, (b) to terminate temporary promotions under section 6 (b) of Public Law 425, 80th Congress, and (c) to specify ports under section 366 (a) of the act. 3. Revocations. (a) Executive Order 9655 of November 14, 1945,1 entitled "Regulations Relating to Commissioned Officers and Employees of the Public Health Service", Executive Order 9897 of October 10, 1947,2 entitled "Amendments to Regulations Relating to Com13 CFR, 1945 Supp. 23 CFR, 1947 Supp. 3 missioned Officers and Employees of the Public Health Service", and Executive Order 9955 of May 6, 1948, entitled "Regulations Pertaining to Promotions to Certain Grades in the Regular Corps of the Public Health Service" are revoked. (b) The revocation of Executive Order 9655 shall not affect any act done or offense committed under section 2.271 of such order or any proceeding held or commenced in any disciplinary action under sections 2.281 to 2.322, inclusive, of such order. Disciplinary action for misconduct prior to July 1, 1948, may be initiated, prosecuted, and completed either in accordance with Executive Order 9655 as if it had not been revoked, or in accordance with §§ 21.281 to 21.322, inclusive, of Part 21 of Chapter I of Title 42 of the Code of Federal Regulations as prescribed by this order. (c) The revocation of Executive Order 9655 shall not revive any of the regulations revoked by section 3.21 of that order. 4. Effective date. This order shall be effective as of July 1, 1948. THE WHITE HOUSE, HARRY S. TRUMAN August 31, 1948. EXECUTIVE ORDER 9994 AMENDMENT OF EXECUTIVE ORDER NO. 9952 OF APRIL 22, 1948, PROVIDING FOR THE TERMINATION OF REEMPLOYMENT RIGHTS OF FEDERAL CIVILIAN EMPLOYEES WHO TRANSFERRED TO PUBLIC OR PRIVATE AGENCIES FOR NATIONAL-DEFENSE OR WAR WORK By virtue of the authority vested in me by the Civil Service Act (22 Stat. 403) and by section 1753 of the Revised Statutes of the United States, section 1 of Executive Order No. 9952 of April 22, 1948, providing for the termination of reemployment rights of Federal civilian employees who transferred to public or private agencies for national-defense or war work, is hereby amended to read as follows: 1. All existing reemployment rights to positions in the Federal service acquired under authority of Executive Order No. 8973 of December 12, 1941,* Executive Order No. 9067 of February 20, 1942, or Directive No. X as amended by Directive No. XVI of the War Manpower Commission (7 F. R. 7298, 11050), or under regu 3 Supra. 43 CFR, 1943 Cum. Supp. lations of the Civil Service Commission issued pursuant thereto, shall expire on October 22, 1948, unless application for reemployment under such rights shall have been made before that date: Provided, that nothing in this order shall prevent the exercise of such reemployment rights on or after October 22, 1948, (a) by any employee who on that date is serving in a Federal agency which on that date is being liquidated or is required by statute to be liquidated; or (b) by any person upon separation from the armed forces or release from the merchant marine if at the time of his entry into the armed forces or merchant marine he would have acquired restoration rights had he entered such service from the agency from which he originally transferred: And Provided further, that any person who subsequent to October 22, 1948, takes any action which results in the extension of his period of service in the armed forces or merchant marine may not exercise such reemployment rights upon separation or release therefrom. THE WHITE HOUSE, HARRY S. TRUMAN September 1, 1948. EXECUTIVE ORDER 9995 RESTORING CERTAIN LANDS OF THE SCHOFIELD BARRACKS MILITARY RESERVATION AND THE WHEELER FIELD MILITARY RESERVATION TO THE JURISDICTION OF THE TERRITORY OF HAWAII WHEREAS certain lands in WaianaeUka, District of Waianae and Waikakalaua, District of Ewa, Island of Oahu, Territory of Hawaii, were reserved for military purposes by Executive order of July 20, 1899, as modified by Executive Orders No. 1137 of November 15, 1909, No. 1242 of August 23, 1910, No. 2800 of February 4, 1918, and No. 5771 of January 4, 1932; and WHEREAS the hereinafter-described parcels of such lands are no longer needed for military purposes, and it is deemed advisable and in the public interest that they be restored to the use of the Territory of Hawaii: NOW, THEREFORE, by virtue of the authority vested in me by section 91 of the act of April 30, 1900, 31 Stat. 159, as amended by section 7 of the act of May 27, 1910, 36 Stat. 447, it is ordered as follows: The following parcels of land comprising a part of the Schofield Barracks Military Reservation and the Wheeler Field Military Reservation, both located on the Island of Oahu, Territory of Hawaii, are hereby restored to the jurisdiction of the Territory of Hawaii for use for road purposes, subject to the terms and conditions hereinafter stated: I. Beginning at the northeast corner of this piece of land on the boundary between Schofield Barracks and Wheeler Field Military Reservations, the true azimuth and distance to United States Military Reservation Monument No. 11 being 203°41′ 119.42 feet and the coordinates of said Monument No. 11 referred to Government Survey triangulation station "WAIPIO-UKA" being 13,078.88 feet north and 12,728.54 feet west, thence running by azimuths measured clockwise from true south from the above described initial point: 1. 23°41′ 136.95 feet along Wheeler Field Military Reservation (War Department General Order No. 4 dated August 5, 1939) to United States Military Reservation Monument No. 10; 2. 7°03'06" 143.29 feet along Wheeler Field Military Reservation (War Department General Order No. 4 dated August 5, 1939); 3. Thence on a curve to the left with a radius of 1058.76 feet along the remainder of Schofield Barracks Military Reservation (Presidential Executive Order No. 2800), the chord azimuth and distance being 30°28′36′′ 45.02 feet; 4. 29° 15'30'' 359.66 feet along the remainder of Schofield Barracks Military Reservation (Presidential Executive Order No. 2800); 5. Thence along same on a curve to the left with a radius of 84.00 feet the chord azimuth and distance being 344°15'30'' 118.79 feet; 6.29°15'30' 100.00 feet along the remainder of Schofield Barracks Military Reservation (Presidential Executive Order No. 2800); 7. Thence along same on a curve to the left with a radius of 80.44 feet the chord azimuth and distance being 77°54'45'' 106.28 feet; 8. Thence on a curve to the left with a radius of 2241.83 feet along the remainder of Schofield Barracks Military Reservation (Presidential Executive Order No. 2800), the chord azimuth and distance being 34°55'34'' 128.36 feet; 9. Thence on a curve to the left with a radius of 1005.37 feet along the northwest side of the present Kunia Road, Project N. R. H. 16-A, (covered by Presidential Executive Order No. 6570 dated January 20, 1934) the chord azimuth and distance being 36°31'19" 563.12 feet; 10. 200°15'30" 35.24 feet along the remainder of Schofield Barracks Military Reservation (Presidential Executive Order No. 2800); |