ORIGINAL
005234
,-
PRESIDING OFFICER'S
RULING NO. MC:96-3/11
REWfiD
SEP II
3 54 PH ‘96
CFFICEOF
THESECRETUITITEDSTATES OF AMERICA
POSTAL RATE COMMISSION
WASHINGTON, D.C. 20268-0001
Special
Services
Fees
and Classifications
PRESIDING
the
Postal
stamped
Service's
cards
in
("Motion")
fee
Y, 1996,
His
would
David
proposal
addition
to
motion
contends
violate
No.
MC96-3
_ ._.,,
OFFICER'S RULING DENYING
MOTION TO DISMISS
(September
On August
Docket
18 U.S.C.
11,
1996)
B.
Popkin
filed
to
charge
a two-cent
the
postage
that
§ 1721,
a &ion
printed
the
which
to
fee
Dismiss
for
on such
proposed
stamped
provides
that
cards
card
Whoever,
being
a Postal
Service
officer
or employee,
knowingly
and willfully:
sells
or disposes
of
postage
stamps or postal
cards
for any larger
(or less
sum than the values
indicated
on their
faces;
(or sells
or disposes
of stamped envelopes
for a larger
,or less
sum than is charged
therefor
by the Postal
Service
for
shall
be fined
under this
title
like
quantities;
or imprisoned
not more than one year,
or both.
Mr.
Popkin
approve
in
;-.
acknowledges
a fee
addition
for
to
contends
that
postage
printed
He observes
----.
the
that
stamped
cards
postage
that
a postal
that
the
employee
on them
the
would
language
Commission
(currently
called
is
on such
printed
who sold
violate
in
might
them
s 1721.
5 1721
for
kse able
to
'postal
cards")
cards,
more
Motrion,
distinguishes
but
than
the
para.
4.
between
_
Docket
No.
postage
MC96-3
stamps
value,
and
and postal
stamped
established
to
face.
David
B.
contends
Service's
for
Motion,
para.
§ 3623
has
the
but
before
been
it
It
merits
of
Mr.
Popkin's
55 3622
and
The issue
raised
prohibits
sellinq
the
On the
intend
Commission,
Postal
there
that
5 1721
approved
supervisory
that
the
its
of
on
apply
from
of
39.
It
cites
is
the
to
inflating
the
position.
§ 1721
whose
prices
cards.
that
C!onqress
legislative
history
postmasters
salaries
through
did
lay the
and implemented
deter
by
a § 3662
this
recommended
Governors,
that
of
sets
the
Commission's
limited
for
.
reach
is
argues
prices
§ 367.2 or
request
card
Service
to
the
not
§ 3624(a).
not
dismissal
the
cards
record
was whether
post
value
stamped
need
It
I?ostal
39 U.S.C.
Title
Motion
("Answer"..
on the
since
its
to
made under
as precedent
Postal
purpose
employees
stamped
indicated
the
for
Commission
argument,
C95-1)
argues
that
a hearing
reconsider
by the
It
only
1996
fee
classification
face
the
price
Opposition
16,
on reconsideration
combined
merits,
in
Service."
commemorative
Service.
indicates
No.
face
this
value
a request
policies
to
(Docket
exceeded
the
refusal
proceeding
that
or
to
Postal
legal
a rate
3623
Commission's
not
argues
Answer
a separate
for
2.
allow
their
the
that
the
may recommend
an "opportunity
at
than
on August
dismiss
Answer
to
at
at
He contends
its
charge
the
be sold
intent
may not
to
be sold
6.
Dismiss
to
must
must
other
Commission
accorded
of
price
filed
to
proposal
evaluation
._,-.
Service
Popkin
be adopted,
which
Service.
be sold
that
which
a Congressional
The Postal
of
Postal
indicates
envelopes
cards,
envelopes,
by the
language
their
- 2
and
by the
of
§ 1721
Docket
No.
MC96-3
manipulating
postage
office
stamps,
5-6.
Postal
for
stamps
in
§ 1721's
U.S.
at
if
dismiss
a change
proposed
Commission
could
not
violations
5 3623(c)(6)
of
Service,
the
5 1721
however,
sufficiently
Service's
the
briefing
both
the
Commission
the
were
at
say
that
in
briefing
its
the
merits
of
merits
to
fee
legal
of
his
consider
stage
of
the
by the
and
stamped
Popkin
legal
argument,
the
proceeding.
framework
might
(9)
and
factors
argument
of
to
remains
and the
the
I?ostal
legal
prior
in
legislative
dismissal
cards
that
other
by the
Popkin's
warrant
fee
"such
the
be
proceeding,
§ 3622(b)
consider
of
say
the
Both
not
filawed
§ 3623
cited
Mr.
would
I conclusively
light
Mr.
this
of
authorized
implementing
to
under
exchange
violate
a seriously
can
issues.
them
not
of
to
value
Commission
predecessors
for
face
statutes.
to
solicitor
foreign
would
the
that
of
the
at
5-7.
In
compelling
proposed
the
a § 3622
Commission
Answer
predecessor
charging
sold
Nor
criminal
and
the
prejudice
fees.
of
a procedure
Answer
consider
of
allow
time
may deem appropriate."
history
not
it
in
a fee
[it]
the
without
evaluating
as
equal
not
conclusively
to
for
involve
might
Department.
authorized
request
that
for
envelopes.
opinion
concerning
concludes
currency
I cannot
.r’
that
predecessor,
Office
a 1918
Department
stamps
customers
and stamped
cites
The solicitor
prices
by overcharging
cards,
Service
Office
§ 1721.
Post
revenues
postal
The Postal
the
- 3 -
the
Postal
a hearing
free
ability
of
are
the
and
to
address
of
the
Act,
at
,-.
Docket
No.
- 4 -
MC96-3
RULING
1.
David
this
B.
The Motion
Popkin
is
to
Dismiss
denied
for
filed
the
on August
reasons
ruling.
Presiding
;_.-
stated
Officer
9,
1996,
in
the
by
body
of