In the Matter of the Appeal by

 MRS. MILTON F. CHARTRAND,
 P.O. Box 321,
 Winter Haven, Florida 33880

 From the proposed refusal to renew the rental of P. O. Box 14273 at
 Orlando, Florida

 P.S. Docket No. 1/53
 

 March 2, 1972
 

 John Lewis Hearing Examiner

This matter is now before the undersigned Hearing Examiner for consideration on a motion by counsel for the United States Postal Service, the respondent herein, for a summary order denying the appeal filed by the above-named appellant. Said appeal was filed on February 3, 1972, from the action of the cognizant Postal Station Superintendent in refusing to renew the post office box of appellant, by reason of the fact that such box was being used in violation of Section 169.137 of the provisions of the Postal Service Manual. Said section prohibits the rental of a post office box "when the sole purpose is to have mail forwarded or transferred, unless an agent of the addressee plans to remove the matter regularly." While respondent has moved for an order denying the appeal herein, it has agreed that such denial shall be made with the proviso that "the post office box should be re-rented if the applicants will agree either to remove mail regularly themselves ( 169.143, P.S.M.) or to designate an agent to remove the mail ( 169.143, P.S.M.)."

By letter dated February 15, 1972, appellant was notified by the undersigned Hearing Examiner of her right to file a reply to the motion for summary order, and was granted until February 28, 1972, to submit a reply, if any. Appellant's attention was also directed to the above-quoted proviso to which respondent had agreed. No reply has been filed by appellant to the motion for a summary order.

As above noted, the applicable provision of the regulations prohibits rental of a box when the sole purpose is to have mail forwarded or transferred, unless an agent of the addressee plans to remove the matter regularly. Appellant's box rental was not renewed because the box was allegedly being used in violation of this provision. In the appeal filed by appellant no claim is made that the box was not being used for the purpose of having mail forwarded or transferred, or that an agent had been appointed to regularly remove matter from the box. Said appeal indicates that appellant no longer maintains a permanent residence in the area, being regularly absent therefrom for considerable periods of time, and that the box had been rented "so we could retain a permanent address for important mail." It seems clear that under such circumstances there could be a considerable accumulation of mail in the box requiring forwarding or transferring by postal employees unless an agent had been appointed to remove it, as to which no affirmative claim is made by appellant.

Under the circumstances above set forth it is the conclusion of the undersigned that there is no substantial issue of fact requiring a hearing, and that the motion filed on behalf of respondent for a summary order denying the appeal may be granted. However, since respondent has agreed that the denial of said appeal shall be made with the proviso or condition above set forth, and since appellant was notified of such condition and may have relied thereon in not opposing the motion for a summary order, it is appropriate to grant respondent's motion on a conditional basis. Accordingly,

IT IS ORDERED that the appeal in the above-entitled proceeding be, and the same hereby is, dismissed unless appellant shall, within twenty (20) days from the date of service of the final agency decision, make appropriate arrangements with the Station Superintendent, Azalea Park Branch, Orlando, Florida, to either remove mail regularly or to designate an agent to remove such mail.