In the Matter of the Petition by ) April 13, 1973 ) ENCORE PUBLISHING COMPANY ) 16500 North Park Drive ) Southfield, Michigan 48075 ) ) Revocation of Second-Class Mail ) Privileges for "ENCORE" ) P.S. Docket No. 1/79 Wenchel, Adam G.
The Initial Decision in the above-captioned proceeding was entered on February 2, 1973. On that date a copy of the decision and notice of right to appeal was mailed by certified mail to Petitioner at the address of record in this proceeding. The records of this Department show that when first delivery could not be made, a notice of arrival of a certified letter was left. Upon failure of Petitioner to claim this piece of mail, it was returned to the Docket Clerk on February 23, 1973. 1/
On April 2, 1972, Petitioner wrote to the Judicial Officer purporting to appeal the Initial Decision. Since a Postal Service Decision upholding the revocation of the second-class mail permit had alredy been entered, the "appeal" is treated as a motion for reconsideration. Petitioner contends that his purported appeal is timely because he first received notice of the Initial Decision on March 23, 1973. That contention, however, is without merit. Notice of the Initial Decision was given Petitioner on February 8, 1973, when the notice was left at his address. Time for appeal therefore ran from that date. A party to a judicial or quasi-judicial proceeding cannot evade notices issued in such a proceeding by refusing or neglecting to receive the notices.
By this time not only has the Initial Decision become final, but time to move for reconsideration has expired and Respondent presumably has in fact revoked the permit. Petitioner is, of course, at liberty to file appalication for a new second-class mail permit which presumably will be approved if Petitioner corrects the deficiencies found to have existed at the time of the hearing in June 1972.
Reconsideration of the Postal Service Decision entered on March 1, 1973, is denied.
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