Appeal of P.O.D. Docket No. 3/67 -- TEMPLE OF RITES


 In the Matter of the Complaint Against              )   APR 14, 1971
                                                     )
 TEMPLE OF RITES                                     )
 P. O. Box 1522                                      )
       at                                            )
 Riverside, California 92502                         )
       and                                           )
 P. O. Box 1423                                      )
       at                                            )
 Fallbrook, California 92028                         )
       and                                           )
 P. O. Box 164                                       )
       and                                           )
 P. O. Box 4415                                      )
       at                                            ) 
 Palm Springs, California 92262                      )   P.O.D. Docket No. 3/67


 H. Richard Hefner and Thomas A. Ziebarth, Esqs., Office of the
     General Counsel, Post Office Department, for the complainant.

 Respondent, no appearance.

DEPARTMENTAL DECISION

No appeal having been taken from the Initial Decision of the Hearing Examiner, that decision became the final agency decision by operation of 5 U.S. Code 557(b) and by operation of Section 952.17(b)(9) of the Rules of Practice 39 CFR 952.17(b)(9) .

It should be pointed out that service of the Initial Decision was attempted at all of the addresses listed in the style of this case, with the following results:

1. The officer in charge of the Riverside, California, post office stated that Temple of Rites submitted a change of address order to Fallbrook, California, and that another change shows the address to be "Temple of Rites, P. O. Box 4415, Palm Springs, CA 92262."

2. The officer in charge of the Fallbrook, California, post office stated that: Box 1423 at Fallbrook is not now rented by Temple of Rites; the boxholder closed the box and filed no change of address; that Mrs. Stephen Santi, by whom the box had been rented in the name of "Temple of Rites," had moved from Fallbrook without filing a change of address; and that the carrier now marks Mrs. Santi's mail "Gone - no order."

3. The postmaster of the Palm Springs, California, post office stated that notices that certified mail is being held for the holders of Boxes 164 and 4415 have been left with other mail in those boxes, and that the notices have been picked up with the other mail. No person, however, has called for the certified mail addressed to the Temple of Rites.

From the foregoing information, it is clear that notice of the arrival of the Initial Decision at Respondent's address was furnished to Respondent with its regular mail, but that no one on Respondent's behalf will accept delivery of the certified mail pieces containing the Initial Decision.

The Order recommended by the Hearing Examiner will issue forthwith.