In the Matter of the Complaint Against NATURAL IMPORTS P. O. Box 1900 General Post Office at Newark, New Jersey 07101 P. O. Box 183 at Rye, NH 03870 Box 21 Essex Station at Boston, MA 02112 P. O. Box 1023 at Peabody, MA 01960 and 266 Middle Street at Portsmouth, NH 03801 P.S. Docket No. 1/116;02/26/73
Wenchel, Adam G.
Complainant has moved to amend and extend Order No. 73-15, dated January 29, 1973, issued in the above-captioned matter to cover mail addressed to Natural Imports, P. O. Box 687, Marblehead, Massachusetts 01945. Respondent has not replied to the motion within the time allowed therefor.
In support of the motion, the Complainant cites the following sequence of events:
"At the administrative hearing relative to this matter, Complainant moved to amend the caption of the Complaint to include the name and address of Natural Imports, P.O. Box 687, Marblehead, MA 01945, within the terms of any order which might emanate from the proceedings (TR. 32). In a sequence of testimony, discussion and argument (TR. 31-35), Complainant offered and had received in evidence as Complainant's Exhibit 'CX-9' a photo copy of a Box Application for rent of the Postal Box in question showing the applicant to be Hubert Michaud acting in the name of Natural Imports. A motion to amend the Complaint was granted by the Administrative Law Judge on Page 35 of the transcript of testimony. However, the Initial Decision, given orally at the close of the hearing and subsequently formalized in written form, failed to reflect this amendment. Order No. 73-15 issued by the Judicial Officer January 29, 1973, adopting the Initial Decision of the Administrative Law Judge as the Final Agency Decision, likewise failed to refer to the name and address at issue. Accordingly, no instructions were issued to the Postmaster at Marblehead relative to disposition of mail."
Having concluded upon review of the record that the facts recited in the motion are correct in all material respects and that Order No. 73-15 should have covered mail addressed to Respondent at the Marblehead address, the Judicial Officer has determined that Order No. 73-15 should be extended by supplemental order to mail addressed to Natural Imports, P. O. Box 687, Marblehead, MA 01945. Such an order is being issued forthwith.