---
kind: "section"
citation: "39 C.F.R. § 958.3"
title: "39"
number: "958.3"
heading: "Petition for hearing."
url: "https://uscodex.org/cfr/39/958.3"
---

# §958.3. Petition for hearing.


Within 30 days of being served the Postal Service's Complaint alleging liability under [39 U.S.C. 3018](/usc/39/3018.md), the respondent may request a hearing by filing a written Hearing Petition with the Recorder. The respondent's Petition must include the following:

- (a) The words “Petition for Hearing Related to Prohibitions Regarding the Mailing of Hazardous Material” or other words reasonably identifying it as such;
- (b) The name of the respondent as well as his or her work and home addresses, and work and home telephone numbers; and other address and telephone number where the respondent may be contacted about the hearing proceedings;
- (c) The date on which the respondent received the Complaint issued by the Determining Official;
- (d) A statement indicating whether the respondent requests an oral hearing or a decision solely on the written record;
- (e) If the respondent requests an oral hearing, a statement proposing a city for the hearing site, with justification for holding the hearing in that city, as well as recommended dates for the hearing; and
- (f) A statement admitting or denying each of the allegations of liability made in the Complaint, and stating any defense on which the respondent intends to rely.

## Notes

### Authority

Authority: 39 U.S.C. 204, 401, 3001, 3018; 5 U.S.C. 554.

### Source

Source: 74 FR 18631, Apr. 24, 2009, unless otherwise noted.