Procedural
Rules for the Track B Monitor Petition Process
1.
General Procedures and Deadlines
All of the Court orders referenced below may be found
on the Court's web site.
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General Procedures. The
general procedures for the Monitor review process can be found in the
Court's April 4, 2000, Order of Reference. Further detail can be found
in the Monitor's booklet entitled "Questions and Answers About
Monitor Review of Decisions," which is available from the Office
of the Monitor.
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Deadline for Petitions for Monitor Review. The
deadlines for filing petitions for Monitor review are found in the
Court's Order of July 14, 2000. In general, petitions must have been
filed by November 13, 2000, or by 120 days from the date of the
Arbitrator decision, whichever is later.
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Deadline for Responses to Petitions. The
deadline for responding to petitions for Monitor review is found in
the Court's Order of September 12, 2000. In general, responses to
petitions must be filed within sixty days from the non-petitioning
party's receipt of the petition for Monitor review.
2.
Filing Petitions for Monitor Review
Under Track B, any party seeking Monitor review of the
Arbitrator's decision must:
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Timely file with the Facilitator an original petition
for Monitor review ("petition") and one copy of the
petition. Petitions will be deemed "filed" as of the date of
postmark. Petitions should be sent to:
Black Farmers' Settlement
Claims Facilitator
PO Box 4390
Portland, OR 97208-4390
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File with the petition a Designation of Record. The
Designation of Record shall include material before the Arbitrator in
the petitioning Track B proceeding and shall specifically identify:
(a) documentation; (b) exhibits; (c) testimony; (d) transcripts; and
any other information that is a part of the record that should be
considered by the Monitor for review.
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Timely serve one copy of the petition, including the
designation of record, on the opposing party. Petitions will be deemed
"served" as of the date of postmark.
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Attach a completed original certificate of service to
the original petition at the time of filing and attach a copy of the
certificate of service to each copy of the petition.
3.
Responding to Petitions for Monitor Review
Under Track B, any party responding to a petition must:
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Timely file with the Facilitator an original response
to the petition for Monitor review ("response") and one copy
of the response. Responses will be deemed "filed" as of the
date of postmark. Responses should be sent to:
Black Farmers' Settlement
Claims Facilitator
PO Box 4390
Portland, OR 97208-4390
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In addition, the responding party may file a
Designation of Record of additional material not identified by the
petitioning party. The Designation of Record of the additional
material shall specifically identify: (a) documentation; (b) exhibits;
(c) testimony; (d) transcripts; and any other information that is a
part of the record that should be considered by the Monitor for
review. The Designation of Record of additional material, if filed,
must be filed within sixty days from receipt of the petition for
Monitor review.
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Timely serve a copy of the response, including the
responding party's designation of record, if any, on the petitioning
party. Responses will be deemed "served" as of the date of
postmark.
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Attach a completed original certificate of service to
the original response at the time of filing and attach a copy of the
certificate of service to each copy of the response.
The Monitor may, in her discretion, review material in
the record before the Arbitrator that has not been designated by the
parties.
4.
Publication of Rules
The Arbitrator shall include copies of these rules
whenever he sends to parties copies of decisions in their Arbitration
cases. He shall also immediately send copies to all parties who have
already received Arbitration decisions. The Arbitrator, the Monitor, and
the parties shall also be free to send copies out to the public upon
request.
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