In The Matter of the Complaint Against		)     August 29, 1994
						)
AMERICAN PUBLISHING SERVICES			)
YELLOW PAGE DIVISION				)
2745 Winnetka Ave., N.				)
Suite 148					)
	at					)
New Hope, MN 55427-2830				)
						)
	and					)
						)
DAVID ALLEN ZOVATH				)
ELLEN ZOVATH					)
102 N. Lakeside Dr.				)
	 at					)
Kennesaw, GA  30144-3091			)     P.S. Docket No. 34/191


APPEARANCE FOR COMPLAINANT			Rodney Gould, Esq.
						Consumer Protection Law
						United States Postal Service
						475 L'Enfant Plaza, SW
						Washington, DC   20260-1147

APPEARANCE FOR RESPONDENT			Arthur A. Moure, Esq.
						Plummer & Farmer
						3000 Smith Street
						Houston, TX  77006-3486

Respondent has filed a Motion For Reconsideration of Postal Service Decision on Petition for Supplemental Orders in which it contends that the Judicial Officer's issuance of a supplemental false representation order was erroneous. Complainant has filed a reply to Respondent's Motion in which it argues that Respondent's Motion was untimely filed, Respondent has failed to establish that the Postal Service Decision contains any errors of fact or law and Respondent has presented no arguments which were not previously raised and considered in the Postal Service Decision.

On October 25, 1993, Complainant filed a Petition For Supplemental Orders in which it alleged that Respondent was evading or attempting to evade the provisions of False Representation Order No. 89-110 and Cease and Desist Order No. CD-2778 by conducting a yellow page promotion similar to the promotion on which the orders were based. As a result, Complainant requested the issuance of an additional false representation order covering the names and addresses being used by Respondent in connection with its current promotion. After consideration of the Petition and Respondent's reply thereto, the Judicial Officer issued a Postal Service Decision on June 20, 1994, in which he determined that Respondent was evading or attempting to evade the previously issued orders by conducting the same or a similar enterprise using different names and addresses. Accompanying the Postal Service Decision was a supplemental false representation order which directed the detention and return of mail pertaining to yellow page listings addressed to the new names and addresses.

The Rules of Practice, 39 C.F.R. §952.27 provide that a motion for reconsideration must be filed within 10 days from the date of receipt of the final agency decision. Respondent received the Postal Service Decision on June 24, 1994, and therefore to be timely, any motion for reconsideration should have been filed on or before July 5, 1994. Respondent's Motion, dated July 27, 1994, and received by the Recorder on August 2, 1994, was clearly untimely filed. In addition, with the exception of the initial and final paragraphs, Respondent's Motion for Reconsideration is virtually identical⁽¹⁾ to its Response to the Petition for Supplemental Orders. As Respondent's contentions were previously considered and found to have no merit, the Motion even if timely filed, does not establish that the Postal Service Decision is erroneous as a matter of fact or law. Accordingly, Respondent's Motion For Reconsideration is denied.

						James A. Cohen
						Judicial Officer