P.S. Docket No. 22/70 -- REGIONAL YOUNG ADULT Appeal of Appeal of
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In The Matter of the Petition by
REGIONAL YOUNG ADULT <TITLE>Appeal of Appeal of ,
330 Ellis Street, Room 518,
San Francisco, CA 94102-2764,
Unauthorized Mailings Under Third- Class Permit
P.S. Docket No. 22/70
October 10, 1985
Randolph D. Mason Administrative Law Judge
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<P><CENTER><U> INITIAL DECISION ON MOTION TO DISMISS</CENTER>
</U><P>On August 19, 1985, the Director, Office of Mail Classification,
issued a final agency decision determining a postage deficiency with
respect to Petitioner's special bulk rate third-class mail
authorization. Thereafter, Petitioner filed the instant appeal under
39 CFR Part 954. Respondent filed a Motion to Dismiss on the ground
that Part 954 applies only to proceedings relative to second-class
mail privileges. Respondent's position is correct. In addition, no
other provision of the regulations confers jurisdiction upon the
undersigned of third-class mail proceedings. 39 CFR 224.1(c)(4)(iv)(A).
<P> Accordingly, this appeal and petition are hereby dismissed for
lack of jurisdiction.
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