Mr. TARR. Second, some have disputed the proposed regulation that concerns the 15-minute time limitation on personal appearances at local boards, the lack of the same time limit at State appeal boards, and once again the 15-minute limit at the Presidential board. Although it would have been more convenient to omit a time limit from the regulations, we decided that we must set a reasonable standard for the local board to insure the rights both of registrants and board members. The registrant must have the opporunity to be heard, while the board must have some protection against the registrant who wants only to harass. The 15-minute time was the best compromise we could reach. The Justice Department advised that we not impose this limit at the State board, while members of the Presidential board asked that we include it for them.

Senator KENNEDY. Why is that? Now, you have a difference obviously when the Justice Department says not to establish the time and the Selective Service does. Can you tell us why? What was the reasoning behind the Justice Department?

Mr. TARR. I do not know, Mr. Chairman.
Senator KENNEDY. Would your counsel?

Mr. MORSE. Mr. Chairman, I think the reason was that since an appeal before the State appeal board was an appellate right, there should not be a limit on the time allowed for the registrant. As to what the feeling of the presidential appeal board was as to why it felt it should limit the time. I do not know. That was a decision of the board. But we followed the advice of the Justice Department on the appellate rights.

(The following more detailed response to Senator Kennedy's question was subsequently submitted by the Selective Service System:)

Attorneys for the Department of Justice expressed the view that members of state appeal boards were likely to be more experienced than members of local boards and thus should be given greater discretion in the conduct of personal appearances. Further, the personal appearance before the state appeal board would be appellate in character and the issues presumably would be more clearly defined. Thus, the registrant would likely receive a fair hearing without the necessity of a suggested minimum period of time.

The National Appeal Board requested that a 15 minute time rule be placed in regulations to facilitate the administration of its responsibility in conducting personal appearances. It was felt that extensive screening of the registrant's case had been done at the local board and state appeal board levels, and that therefore the issues were clearly defined by the time a case reached the National Appeal Board level. It should be emphasized that when circumstances dictate, the National Appeal Board may extend the time period of the hearing beyond the 15 minutes. For these reasons the National Appeal Board requested this time rule. Because it is an independent body not within the full span of my control, I acceeded to the request believing that the distinguished men serving on that board are fully capable of judging how they can best be fair to all registrants while at the same time handling their enormous caseload. Senator KENNEDY. You followed their advice? So, you do not have the time limitation?

Mr. MORSE. That is correct, to the State appeal board.
Senator KENNEDY. But you have it at the local level?

Mr. MORSE. Correct. They did not say it was not correct at the level to have a limitation.

Senator KENNEDY. What was your feeling about an appropriate period of time for representing appellant procedures at the local level? Is 15 minutes sufficient time?

Mr. MORSE. We felt it was sufficient; 15 minutes at the local level. As I say, the Justice Department took no exception to that, but they did feel it should be open-ended at the appellant level.

Mr. TARR. Mr. Chairman, I would point out only that obviously the local board can extend the time if they wish. One of the problems, obviously, that we face here

Senator KENNEDY. Do you have some regulations on that? Do you have how they can extend the time, and how they are going to be guided, and would you make that available?

Mr. TARR. Yes. One of the things that we do face at the local board is that if we set a longer time, a registrant could demand that a longer time be spent with him, whether he was actually pursuing his plea or not. And we felt that we must set some kind of time that would be practical, and that prudent local board members could extend if they felt that the man had something that he did not explore in the time that he had.

(The following more detailed response to Senator Kennedy's question was subsequently submitted by the Selective Service System:)

Chapters 626 and 627 of the Registrants Processing Manual contain instructions to local and appeal boards on how to extend the fifteen-day time period to registrants making an appeal. The pertinent pages of the documents are 626–3, 627-2 and 627-3.

CHAPTER 626-APPEAL TO THE APPEAL BOARD

Section 626.1

WHO MAY APPEAL

1. The Director of Selective Service, the State Director of Selective Service of the local board of jurisdiction, or the State Director of Selective Service of the state where the local board which classified the registrant is located, may appeal from any classification action of a local board at any time prior to the induction of the registrant, or his reporting for alternate service.

2. The registrant may appeal to an appeal board within prescribed time limits, from any classification given to him by local board action. An initial administrative classification into Class 1-H cannot be appealed.

Section 626.2

TIME LIMIT WITHIN WHICH REGISTRANT MAY APPEAL

1. The registrant must file his appeal (and his request for a personal appearance before the appeal board, if a personal appearance is desired) within 15 days after the date the local board mails to him a Notice of Classification (SSS Form 110).

2. Any time prior to the date the local board mails to the registrant an Order to Report for Induction (SSS Form 252) or Selection for Alternate Service (SSS Form 155), the local board will permit him to appeal even though the period for taking an appeal has elapsed, if the local board is satisfied that his failure to appeal within 15 days was due to some cause beyond his control. When the local board grants an extension of time to appeal to the registrant, he may within the extended period also request a personal appearance before the appeal board. When the local board grants an extension of time, an entry will be made on page 2 of the Registrant File Folder (SSS Form 101), or page 8 of the Classification Questionnaire (SSS Form 100).

Section 626.3

PROCEDURE FOR TAKING AN APPEAL

1. Any person entitled to do so may appeal to the appeal board by filing with the local board a written notice of appeal. If the Director of Selective Service or the State Director of Selective Service appeals to the appeal board he shall place in the registrant's file a written statement of his reasons for taking such appeal. 2. Whenever an appeal is taken from a local board's classification by the Director of Selective Service or the State Director of Selective Service, the local board shall notify the registrant in writing of the action, the reasons therefor, and inform him that (1) his appeal will be considered by the appeal board for the area in which his local board is located unless he files, within 15 days from the date on the letter of notification, a written request with the local board that the appeal be considered by the appeal board having jurisdiction over the area in which is located his principal place of employment or residence, and (2) he may request a personal appearance before the appeal board if he files with the local board within 15 days from the date on the letter of notification a written request for such personal appearance. The 15-day period may be extended by the local board when it is satisfied that the registrant's failure to file a written request within such period was due to some cause beyond his control.

3. If the Director or state director has the registrant's file folder in his possession when the appeal is taken, he shall return the file folder to the local board (when the file folder is in the possession of the Director, it shall be returned through the state director) with a notice in writing that the appeal is being taken and the identification of the appeal board to which the appeal is being taken. If the Director or state director does not specify which appeal board the appeal shall go to, it shall be sent to the appeal board having jurisdiction over the area in which the registrant's local board of jurisdiction is located.

4. If the registrant is taking the appeal, he may also request an opportunity to appear in person before the appeal board and that the appeal be considered by the appeal board having jurisdiction over the area in which is located his principal place of employment or residence. The notice of appeal need not be in any particular form, but must include the name of the registrant and his request. Any notice shall be liberally construed so as to permit the appeal.

5. The appeal board for the area in which the registrant's local board is located shall consider the appeal of the registrant's classification unless the registrant has timely filed with his local board a written request that the appeal be considered by the appeal board having jurisdiction over the area in which is located his principal place of employment or residence.

6. The registrant may attach to his appeal a statement specifying the reasons he believes the classification inappropriate, directing attention to any information in his file which he believes received inadequate consideration, and setting out more fully any information which was submitted.

7. Prior to forwarding the registrant's file folder through the state director to the appeal board, the local board secretary will prepae the file and complete the pocedures required for taking an appeal, to include the following:

(a) Issuance of Individual Appeal Record (SSS Form 120) to the registrant. When the appeal has been taken by the Director or state director, the reasons for taking the appeal will be stated in writing and attached to the SSS Form 120. (b) Insertion of the reasons for taking an appeal in the registrant's file folder, if it was taken by the Director or the state director.

(c) Insuring that all documents in the registrant's file folder are arranged in chronological sequence, latest on top, except that the Registrant Questionnaire (SSS Form 100) shall always be the top document.

(d) Insuring that the registrant's file folder does not contain information which has not been reviewed by the local board. If any such information is present, it shall be considered by the local board, and if the local board does not reopen the registrant's classification, the file shall be sent to the appeal board.

(e) Insuring that the period for taking an appeal or requesting a personal appearance has expired.

(f) Insuring that an entry has been made on page 2 of the registrant's file folder, or page 8 of the classification questionnaire indicating the date of mailing the file to the state director for forwarding to the appeal board.

Section 626.4

REVIEW BY APPEAL BOARD

1. The appeal board shall consider appeals in the order of the registrant's vulnerability for induction or alternate service.

2. Upon receipt of the registrant's file folder, the appeal board shall check to see whether the registrant has requested a personal appearance before the appeal board. If no request for a personal appearance has been made, the appeal board may classify the registrant after 15 days have expired from the date of receipt of the registrant's file.

3. If a registrant has requested a personal appearance before the appeal board, the appeal board will notify the registrant of the date, time and place of his scheduled appearance and will mail him such notification at least 15 days prior to the scheduled appearance.

4. Should the registrant fail to appear as scheduled, except for good cause he establishes to the satisfaction of the appeal board, he shall not be given an opportunity to appear at a later meeting. The registrant must file a written statement of the reasons for his failure to appear at his scheduled meeting within five days after such failure, or the registrant will be deemed to have waived his right to an opportunity to appear at a later meeting. The 5-day period may be extended by the appeal board when it is satisfied that the registrant's failure to file a written statement within such period was due to some cause beyond his control. In any event, the appeal board shall not classify the registrant at the meeting at which the registrant failed to appear, unless the registrant had withdrawn his request to appear.

5. The registrant is entitled to such time for his personal appearance as the appeal board determines is reasonably necessary for the fair presentation of the claim. No registrant may be represented before the appeal board by anyone acting as attorney or legal counsel. The registrant shall not be entitled to present witnesses. If the registrant does not speak English adequately, he may appear with a person to act as an interpreter. Recording devices will not be utilized during any personal appearance before the appeal board.

6. At any personal appearance the registrant may:

(a) Present evidence.

(b) Discuss his classification.

(c) Point out the class or classes in which he thinks he should have been placed.

(d) May direct attention to any information in his file which he believes the local board has overlooked or to which he believes it has not given sufficient weight.

(e) May furnish further information which he believes will assist the appeal board in determining his proper classification. Such information shall be in writing or if oral, shall be summarized in writing by the registrant and placed in his file. Such information shall be as concise as possible under the circumstances. A summary of the personal appearance may also be placed in the registrant's file folder by the board.

7. During a registrant's personal appearance there shall be present a quorum of the members of the appeal board, or appropriate panel of the appeal board, and only those members of the appeal board before whom the registrant appeared shall classify him. Classification of the registrant by the appeal board may take place after one of the following has occurred:

(a) He has appeared before the board.

(b) He withdrew his request to appear.

(c) He waived his right to an opportunity to appear.

(d) He failed to appear, without establishing to the satisfaction of the appeal board good cause therefor.

8. In reviewing the appeal and classifying the registrant, the appeal board shall consider the various classes in the order specified in Chapter 623. The appeal board shall not receive or consider any information other than the following:

(a) Information contained in the registrant's file folder as received from the local board.

(b) General information concerning economic, industrial, and social conditions.

(c) Oral statements by the registrant and written evidence submitted by him to the appeal board during his personal appearance.

9. After classifying the registrant, the appeal board shall prepare the Action by Appeal Board (SSS Form 120A). In the event that the appeal board classifies the registrant in a class other than that which he requested, it shall record its reasons on a Report of Information (SSS Form 110) which shall be signed by a member of the appeal board who was present at the meeting at which the registrant was classified, and this shall be filed in the registrant's file folder. The appeal board shall enclose SSS Form 120A in the registrant's file folder, make entries on the Docket Book of Appeal Board (SSS Form 121) indicating the determination, and transmit the registrant's file folder through the appropriate State Director of Selective Service to the local board.

Section 626.5

PROCEDURE OF LOCAL BOARD FOLLOWING ACTION BY APPEAL BOARD

1. When the registrant's file folder is received by the local board, it shall: (a) Complete and mail SSS Form 110 to the registrant, together with written notification of the appeal board's reasons for the classification, if the registrant was classified in a class other than that which he had suggested. Send copy of SSS Form 110 to the Data Processing Center.

(b) Enter on the Classification Record (SSS Form 102) and the Registrant File Folder (SSS Form 101) or the Classification Questionnaire (SSS Form 100) the classification granted by the appeal board and the date of classification.

(c) Enter date of mailing of SSS Form 110 on the registrant file folder or the classification questionnaire.

(d) Enter the classification action on the Minutes of Local Board Meeting (SSS Form 112) of the next local board meeting.

Section 626.7

APPEAL STAYS INDUCTION AND ALTERNATE SERVICE

1. The local board shall not issue an order to report for induction, a selection for alternate service, or an order to report for alternate service either during the period afforded the registrant to take an appeal to the appeal board or during the period such an appeal is pending. Any such form which has been issued either of those periods shall be canceled by the local board. Upon cancellation, the registrant will be notified in writing, and a copy of the cancellation will be placed in his file folder and noted on page 2 of the file folder, or page 8 of the classification questionnaire.

CHAPTER 627-APPEAL TO THE PRESIDENT

Section 627.1

PERSONS WHO MAY APPEAL TO THE PRESIDENT

1. The Director of Selective Service, the State Director of Selective Service of the state where the local board which classified the registrant is located, or the State Director of Selective Service of the state where the appeal board which classified the registrant is located, may appeal to the President from any determination of an appeal board at any time prior to the induction of the registrant, or his reporting for alternate service.

2. When a registrant has been classified by the appeal board and one or more members of the appeal board dissented from that classification, he may appeal to the President and request a personal appearance before the National Selective Service Appeal Board within 15 days after the mailing by the local board of the Notice of Classification (SSS Form 110) notifying him of his classification by the appeal board. The local board may permit any registrant who is entitled to appeal to the President under this section to do so at any time prior to the date the local board issues to him an Order to Report for Induction (SSS Form 252) or an Order to Report for Alternate Service (SSS Form 153), even though the period of taking such an appeal has elapsed, if it is satisfied that his failure to appeal within such period was due to some cause beyond his control.