« AnteriorContinuar »
briefs either in addition to oral argument or in lieu thereof.
(c) Scope of argument. Except where the Secretary determines that argument on additional issues would be helpful, argument, whether oral or on brief, shall be limited to the issues raised by the exceptions and statement of objections. If the Secretary determines that additional issues should be argued, counsel for the parties shall be given reasonable notice of such determination, so as to permit preparation of adequate argument on all the issues to be argued. § 202.24 Ex parte discussion.
At no stage of the proceeding between its institution and the issuance of the order shall the Secretary discuss ex parte the merits of the proceeding with any person who is connected with the proceeding in an advocative or in an investigative capacity, or with any representative of such person: Provided, however, That the Secretary may discuss the merits of the case with such a person if all parties to the proceeding, or their representatives, have been given an opportunity to be present. Any memorandum or other communication addressed to the Secretary, during the pendency of the proceeding, and relating to the merits thereof, by or on behalf of, any party shall be regarded as argument made in the proceeding and shall be filed with the Hearing Clerk. A copy thereof shall be served upon the other party or parties in the manner provided in § 202.27, and opportunity will be given the other party or parties to file a reply thereto. § 202.25 Petitions for reopening hear.
ing; for rehearing or reargument of proceeding; or for reconsideration of
order. (a) Petition requisitem(1) Filing: service. An application for reopening the hearing to take further evidence, or for rehearing or reargument of the proceeding, or for reconsideration of the order, must be made by petition to the Secretary filed with the Hearing Clerk. A copy thereof shall be served upon the other party or parties in the manner provided in $ 202.27. Every such petition must state specifically the grounds relied upon.
(2) Petition to reopen hearing. A petition to reopen a hearing to take further
evidence may be filed at any time prior to the issuance of the final order. Every such petition shall state briefly the nature and purpose of the evidence to be adduced, shall show that such evidence is not merely cumulative, and shall set forth a good reason why such evidence was not adduced at the hearing.
(3) Petition to rehear of reargue proceeding, or to reconsider order. A petition to rehear or reargue the proceeding or to reconsider the order shall be filed within 15 days after the date of the service of the order. Every such petition must state specifically the matters claimed to have been erroneously decided and alleged errors must be briefly stated.
(b) Procedure for disposition of petitions. Within 20 days following the service of any petition provided for in this $ 202.25, the other party or parties to the proceeding shall file with the Hearing Clerk an answer thereto. As soon as practicable thereafter, the Secretary shall announce his decision whether to grant or to deny the petition. Unless the Secretary shall determine otherwise, operation of the order shall not be stayed pending the decision to grant or to deny the petition. In the event that any such petition is granted by the Secretary, the applicable rules of practice, as set out elsewhere herein, shall be followed. A person filing a petition under this section shall be regarded as the moving party or complainant, although he shall be referred to as the complainant or respondent, depending upon his designation in the original proceeding. 8 202.26 Filing documents.
All documents or papers required or authorized to be filed, except as provided otherwise in the rules in this part, shall be filled with the Hearing Clerk in triplicate: Provided however, That, where there are more than two parties to the proceeding, a suficient number of copies shall be filed so as to provide copies for service upon all parties to the proceeding. 8 202.27 Service.
Copies of all documents or papers, required or authorized by the rules in this Part to be served on any party to a proceeding, shall be served by the Administrative Law Judge, Hearing Clerk, or some other employee of the United States.
Except as is provided otherwise by the Law Judge or the Secretary, as the case rules in this part, service shall be made may be, after notice to and consideration either: (1) by delivering a copy of the of the views of the other party, when document or paper to the individual to practicable, there is good reason for the be served, or to a member of the part- extension. nership to be served, or to the president, secretary, or other executive officer or
Subpart C-Rules Applicable to Other any director of the corporation, orga
Proceedings nization, or association to be served, or
$ 202.40 Proceedings prior to reporting to the attorney or agent of record of for criminal prosecution. such individual, partnership, corpora
The Director shall, before any violation, organization, or association; (2) by
tion of this act is reported to any U.S. leaving a copy of the document or paper
attorney for institution of a criminal at the principal office or place of busi
proceeding, notify the person against ness of such individual, partnership,
whom such proceeding is contemplated corporation, organization, or association,
that action is contemplated, inform him or of his or its attorney or agent of
regarding the facts involved, and afford record; or (3) by registering or certify- him an opportunity to present his views, ing and mailing a copy of the document either orally or in writing, with regard or paper, addressed to such individual, to such contemplated proceeding. Notice partnership, corporation, organization, shall be served upon such person in the or association, or to his or its attorney manner provided in section 202.27 of or agent of record, at his or its last this part. If the person desires to exknown principal office or place of busi- plain the transaction or otherwise to ness. Proof of service hereunder shall present his views, he shall file with be made by the affidavit of the person the Director, within 20 days after who actually made the service: Provided,
the service of the notice, an answer, however, That if the service is made by in duplicate, signed by him or by his atregistered or certified mail, proof of serv- torney, or shall request, within the 20 ice shall be made by the return post office days, an opportunity to express his views receipt. The affidavit or post office re- orally. The request shall be embodied in ceipt contemplated hereby shall be filed & writing signed by the person or by his with the Hearing Clerk and the fact of attorney or agent. Such opportunity to filing thereof shall be noted in the record present his views orally shall be afforded of the proceeding.
at a time and place to be designated by 8 202.28 Computation of time.
the Director and it shall be given within
a time not to exceed 10 days after the Saturdays, Sundays, and holidays shall
date of the filling of the request therefor. be included in computing the time allowed for the filing of any document
§ 202.41 Notice and hearing prior to
promulgation of rules and regulaor paper: Provided, however, That when
tions. such time expires on a Saturday, Sunday, or a legal holiday (Federal or State),
Prior to the promulgation of any rule such period shall be extended to include
or regulation contemplated by section 402 the next following business day.
of the Act (7 U.S.C. 1592), notice shall be
given by publication in the FEDERAL REG8 202.29 Extension of time.
ISTER of intention to promulgate such The time for the filing of any docu- rule or regulation and of the time and ment or paper required or authorized place of a public hearing to be held with under the rules in this part to be filed reference thereto. Such hearings shall be may be extended by the Administrative conducted by the Director or by such Law Judge (before the Administrative employee or employees of the DepartLaw Judge's Recommended Decision is ment of Agriculture as may be designated filed, or by the Secretary (after the Ad- to preside thereat, except that hearings ministrative Law Judge's Recommended with respect to rules or regulations conDecision is filed), if request for such ex- templated by section 402(b) of the Act tension of time is made prior to or on the relating to title III of the Act (Foreign final date allowed for such filing, and if Commerce), shall be conducted by the in the judgement of the Administrative Secretary of the Treasury and the Sec
retary of Agriculture, acting jointly or separately, or by such employee or employees of the Department of Agriculture or the Department of the Treasury as may be designated to preside thereat. The presiding oficer shall conduct the hearing in an orderly and informal manner, according to such procedure as he may announce at the commencement of the hearing. Any rule or regulation promulgated under section 402 of the Act shall become effective on the data fixed in the promulgation, which date shall be not less than 30 days after publication in the FEDERAL REGISTER. Any rule or regulation may be amended or revoked in the same manner as is provided for its promulgation. § 202.42 Publication of judgments, set
tlements, and orders. After judgment or settlement, or the issuance cf a cease and desist order, in any case or proceeding arising under this Act, notice thereof containing any information pertinent to the judgment or settlement or the issuance of the cease and desist order, shall be given by issuing a press release or by such other media as the Administrator of the Agricultural Marketing Service may designate from time to time. $ 202.43 Proceedings under section
302(a) to show cause why seed or screenings should be admitted into
the United States. When seed or screenings have been refused admission into the United States under the Act or the joint regulations promulgated thereunder, the owner or consignee of such seed or screenings may submit a request to the Director for a hearing in which he may show cause, if any he have, why such seed or screenings should be admitted. Request for such hearing shall be embodied in a writing signed by the owner or consignee or by his attorney or agent. The Director shall
thereupon fix, and notify the owner or consignee of, the time when and place at which the hearing will be held. The hearing shall be conducted in an orderly and informal manner by the Director or by a presiding officer duly designated by him, and it shall be governed by such rules of procedure as the presiding officer shall announce at the opening of the hearing. The determination as to whether the seed or screenings may be admitted into the United States shall be made by the Administrator of the Agricultural Marketing Service, within a reasonable time after the close of the hearing, and the owner or consignee of the seed or screenings who requested the hearing and the Secretary of the Treasury shall be duly notified as to such determination. § 202.44 Proceedings under section
305(b) to determine whether foreign alfalfa or red clover seed is not adapted for general agricultural use
in the United States. The public hearings which shall be held from time to time for the purpose of determining whether seed of alfalfa or red clover from any foreign country or region is not adapted for general agricultural use in the United States shall be conducted by the Director, or by a presiding officer duly designated by him. Such hearings shall be conducted in an orderly and informal manner in accordance with such procedure as the presiding officer shall announce at the opening of each hearing. The Administrator of the Agricultural Marketing Service shall, within a reasonable time after the close of the public hearing, make and publish his determination as to whether the said seed is adapted for general agricultural use in the United States. Publication of the determination shall be made in the FEDERAL REGISTER, and through such other media as the said Administrator may deem appropriate,
SUBCHAPTER 1-REQUIREMENTS RELATING TO PURCHASES (RESERVED]
A list of current CFR volumes, a list of superseded CFR volumes, and a list of CFR titles, subtitles, chapters, subchapters and parts are included in the subject index volume to the Code of Federal Regulations which is published separately and revised annually.
Table of CFR Titles and Chapters