In the Matter of the Petition by ) November 10, 1992 ) DAVID S. DERIEMER ) P.O. Box 312 ) ) at ) ) Nassau, DE 19969-0312 ) ) Termination of Mail Box Service ) for P.O. Box 312, Nassau, DE ) P.S. Docket No. 39/141APPEARANCE FOR PETITIONER: David S. DeRiemer P.O. Box 312 Nassau, DE 19969-0312
APPEARANCE FOR RESPONDENT: Jeannine H. Walter, Esq Consumer Protection Division Law Department United States Postal Service Washington, DC 20260-1144
David S. DeRiemer (Petitioner) has filed an appeal from the Initial Decision of an Administrative Law Judge which affirmed the determination of the Nassau, Delaware Postmaster to terminate box service for Post Office Box 312, Nassau, Delaware 19969-0312. The United States Postal Service (Respondent) did not file a response to the appeal.
Petitioner is the holder of Post Office Box 312 which is located at the Nassau Post Office, Nassau, Delaware (I.D., Findings of Fact (FOF) ¶ 1). On June 10, 1992, the Nassau
Postmaster issued a Determination terminating box service for Post Office Box 312, in accordance with Domestic Mail Manual (DMM) § 951.82(c), for violation of regulations and conditions relating to the use of the box (I.D., at 2).1/ The Postmaster's determination to terminate service was based on Petitioner's continued (1) improper use of two-cents postage on first-class mail, (2) mailing of letters containing either no postage or canceled postage stamps, (3) use of rubber stamps imitating official postal marks, (4) improper address- ing of mail, and (5) encouraging others to use incorrect postage (Determination, dated June 10, 1992; I.D., FOF ¶ 6). Specifically, the Postmaster concluded that the use of improper postage was a violation of 18 U.S.C. § § 1341, 1720, & 1725 and that rubber-stamping mail was a violation of DMM § 142.62 (Id.).
Petitioner filed a petition in which he does not deny taking the actions described in the Determination, but claims that such actions do not violate any federal statute or regulation (I.D., at 2). Respondent filed an Answer to the Petition and a Motion for Summary Judgment in which it alleges that no genuine issues of material fact exist and that it is entitled to judgment as a matter of law. Petitioner opposed Respondent's motion and filed his own Motion for Summary Judgment (I.D., at 1). Thereafter, the Administrative Law Judge issued an Initial Decision granting Respondent's motion and dismissing the Petition for review of the Postmaster's Determination (I.D., at 3).
Petitioner on appeal does not deny engaging in the conduct described in the Determination, but rather continues to assert many of the arguments considered and rejected in the Initial Decision. Petitioner claims that his refusal to use a ZIP Code,the abbreviation for the state of Delaware, and more than two-cents postage on first-class mail does not violate any federal statute or regulation. According to Petitioner, the statute requiring two-cents postage for first-class mail was never repealed, and the DMM provisions on post office box use do not prohibit him from using two-cents postage or rubber-stamping letters as described in the Determination. Petitioner also claims that Postal regulations do not apply to him since he is an "unenfrancised natural American," and not a United States citizen, and because his Nassau, Delaware post office box address is not an address located in the United States nor a "domestic" address for the purposes of postal regulations.
Petitioner has not shown that the Postmaster's decision to terminate service to Post Office Box 312, Nassau, Delaware was improper. Post office boxes are a premium service offered only to those who comply with Postal Service regulations. See DMM § 951.11; William H. Lahan, P.S Docket No. 24/156 at 6-7 (P.S.D. Dec. 31, 1986); Mrs. Junior E. Powell, P.S. Docket No. 21/159 at 2 (P.S.D. Nov. 29, 1985). Postal Service regula- tions provide in DMM § 951.163 that a post office box may not be used for, or in connection with, a scheme or enterprise that violates any Federal, state or local law.
In this case, Petitioner has repeatedly mailed letters bearing his return address, which contain rubber-stamped or adhesive markings and improper postage. Petitioner's use of rubber-stamped or adhesive markings, which imitate official Postal Service markings, violates the provisions of DMM § 142.62 2/ and his deposit of mail containing no postage or canceled postage stamps clearly violates the provisions of 18 U.S.C. § § 1720 & 1725.3/ Since these actions violate federal statute or regulation, they are contrary to the requirements of DMM § 951.163.
In addition, Petitioner's continued attempts to mail first- class letters using only two-cents postage violates current Postal regulations requiring twenty-nine cents postage. Petitioner's argument that the statute setting the two-cent rate has not been repealed is without merit. The statute specifying a two-cent postage rate for first-class mail was amended on several occasions to increase that rate,4/ and then repealed by the Postal Reorganization Act of 1970. See Pub. L. 91-375, at § § 404(2), 3621-3628 & 3641, 84 Stat. 719 (Aug. 12, 1970).
Petitioner's claims that DMM provisions do not apply to him since he is not a United States citizen and his Nassau box address is not a domestic address within the United States, are without merit. The Nassau box address is a domestic address and regardless of whether Petitioner is a United States citizen, he is required to comply with Postal Service laws and regulations when renting a post office box or other- wise using the United States mail.
As Petitioner contends, DMM § 122.13 does not require the use of ZIP Codes or state abbreviations on first-class, nonpresorted mail. Therefore, Petitioner's failure to use ZIP Codes or state abbreviations does not serve as a proper basis for terminating his post office box service. Nevertheless, Petitioner's repeated use of rubber-stamps or adhesive markings and improper or cancelled postage on mail containing his return box address, does serve as a proper basis for the termination of his box service.
On the facts presented, Post Office Box 312, Nassau, Delaware was properly terminated by the Nassau Postmaster. Accordingly, Respondent is entitled to judgment as a matter of law. Therefore, Petitioner's appeal is denied, and the Petition for review of the Determination of the Nassau Postmaster is dismissed.
James A. Cohen Judicial Officer
1/ Section 951.82 of the DMM provides:
(c) violated any regulation or condition relating to the use of the box."
2/ DMM § 142.62 states:
"Termination of Service. A postmaster may close a post office box when the box customer has . . .
"Official Markings and Designs. Matter bearing decorative markings and designs, in adhesive or printed form, which imitate the markings and designs used to identify official postal services shall not be accepted for mailing."