In the Matter of a Mail			)  March 25, 1994
Dispute Between:			)
					)
GEORGE BRANSFORD			)
					)
		and			)
					)
TIM SMYTHE				)  P. S. Docket No. MD-211

Appearance for Disputant Bransford:	Michael S. Player, Esq.
					P. O. Box 1675
					Kilgore, TX  75663-1675

Appearance for Disputant Smythe:	Glenn D. Phillips, Esq.
					Hearne & Phillips, L.L.P.
					1003 Stone Road
					Kilgore, TX  75662-5477

On February 17, 1994, an Initial Decision was issued in which it was determined that mail addressed to George Bransford and/or Renewable Oil Services, Inc., P.O. Box 1031, Kilgore, TX 75662-1031, is to be delivered in accordance with the direction of Disputant Tim Smythe. Since no appeal had been filed, and the Judicial Officer had determined he would not exercise his discretion to review the Initial Decision on his own motion, the Initial Decision became the final agency decision on March 11, 1994.

On March 21, 1994, Disputant Bransford filed a Motion For Reconsideration of the Judicial Officer's March 11, 1994, Order. In his Motion, Disputant Bransford contends that he had previously filed an appeal from the Initial Decision⁽¹⁾, the Judicial Officer's order was issued without the benefit of Disputant Bransford's arguments on appeal, and the appeal letter established that there are material errors of fact in the Initial Decision.

At the time the March 11, 1994, Order was issued, no appeal from the Initial Decision had been received by the Judicial Officer. Disputant Bransford's arguments on appeal have now been considered, and although he points out what appears to be an error in Finding of Fact No. 1 of the Initial Decision, he does not establish that he is entitled to obtain delivery of the mail in dispute.

The error pointed out by Disputant Bransford relates to the date P. O. Box 1031 was opened. In his appeal, Disputant Bransford contends for the first time⁽²⁾ that P.O. Box 1031 was not opened for Renewable Oil Services, Inc. (Renewable) in 1991, as found in the Initial Decision, but was opened in 1990, prior to Mr. Bransford's employment with Renewable.⁽³⁾

Regardless of when the P.O. Box was originally opened, the record establishes that it was paid for by Renewable, used as Renewable's business address since at least 1991, and Disputant Bransford was an employee of Renewable while the box was being used as Renewable's business address. Under such circumstances, Renewable is the most likely intended recipient of mail addressed to P.O. Box 1031. Moreover, as stated in the Initial Decision, mail addressed to a former employee of an organization at the address of the organization is to be delivered to the organization (I.D. COL ¶3). Accordingly, the Initial Decision remains the final Agency decision.

The parties are again reminded that a decision in a mail dispute determines only the right to delivery of the mail in dispute not the ownership of the mail. If Disputant Smythe receives any personal mail intended for Disputant Bransford, he is responsible for forwarding such mail to Disputant Bransford.

						James A. Cohen
						Judicial Officer

2. Disputant Bransford does not dispute that he failed to file either a submittal as required by 39 C.F.R. §965.5 or comments on the submittal of Disputant Smythe as allowed by 39 C.F.R. §965.6.

3. P.S. Form 1093, which is included in the file, shows that Rebecca Bransford opened P.O. Box 1031 on December 18, 1990.