Appeal of P.O.D. Docket No. 2/144 -- CIVIC EDUCATION SERVICE, INC.


 In the Matter of the Petition by

 CIVIC EDUCATION SERVICE, INC.
 1735 K Street, N. W., Washington, D.C. 20006

 for a second-class mail permit for "HEADLINE-FOCUS WALL MAPS"

 P.O.D. Docket No. 2/144

 December 3, 1964

 Reva Beck Bosone Judicial Officer

 POST OFFICE DEPARTMENT,
 JUDICIAL OFFICER, WASHINGTON, D.C.  20260,

APPEAL DISMISSED

The Hearing Examiner in the above-named case issued the Initial Decision on September 24, 1964. The Respondent on October 6, 1964, filed a Motion for an Extension of Time in order to file an appeal brief. This Motion was granted by the Judicial Officer who extended the time for filing the Appeal to October 26, 1964. On October 16, 1964, the Respondent filed a notice that no appeal would be taken in the above-named case. Later, on October 26, 1964, the Respondent filed an appeal brief and with it a notice that the "Respondent has decided to withdraw the notice of October 16, 1964, and is submitting the appeal brief within the period of time granted by the Judicial Officer."

The Appellant in his brief of November 10, 1964, raises the question of the Respondent's right to file an Appeal Brief after the Respondent had notified the Judicial Officer that there would be no appeal. The objection on the part of the Appellant is well taken. The Initial Decision of the Hearing Examiner becomes the final Departmental Decision unless it is appealed. 39 C.F.R., Section 204.20 says:

(a) A party may appeal to the Judicial Officer from an initial decision by filing exceptions in a brief on appeal within 15 days from the receipt of a written or oral initial decision." Section 204.22 gives the Judicial Officer the right to grant continuances or extensions. In this case there was an extension of time upon the request of the Respondent to October 26, 1964. This is in accordance with proper procedure. Even though the extension of time in which to appeal was set at October 26, 1964, the Respondent brought that extension of time to an end when he advised the Judicial Officer on October 16, 1964, that there would be no appeal. The Respondent's appeal in the above-named case is hereby dismissed as untimely.