member of the committee if available. Any person named by the State committee in such capacity shall have full authority to perform all duties regularly performed by a duly elected county committee.

§ 7.30 Delegation of authority to Deputy Administrator.

Notwithstanding the authority vested in the State committee, a county committee, and the county executive director by this part, the Deputy Administrator shall have authority to suspend and/or remove or disqualify for future service or employment, any county committee member, community committee

member, delegate to the county convention, an alternate to any such office, county executive director, or other county employee, for any and all of the reasons and causes authorizing such suspension, removal, and disqualification by the State committee, the county committee, or the county executive director. Any person suspended, removed or disqualified pursuant to the section shall be given a written statement of the reason for such action and shall be advised of his/her right of review as provided in § 7.31.

§ 7.31 Right of review.

Any person dissatisfied with a determination of the county committee or county executive director may appeal in writing or in person or both, such determination to the State committee. Any person dissatisfied with a determination of the State committee may appeal such determination to the Deputy Administrator. Any person dissatisfied with a determination of the Deputy Administrator made under § 7.30 may request a reconsideration of such determination by the Deputy Administrator. Such appeal or request for reconsideration shall be made within 15 days from the date of the mailing of the determination with respect to which the appeal or request is filed. Except as provided in § 7.32, such appeals and requests for reconsideration shall be determined on an informal basis. The person filing the appeal or request for reconsideration may present reasons, in writing, in person, or both, why the determina

tion should be reversed or modified. Within 60 days after the reasons have been presented, such person shall be notified of the determination on appeal or reconsideration. The notification shall clearly set forth the basis for the determination. The determination of the Deputy Administrator is final and not subject to further administrative review.

§ 7.32 Hearing in connection with appeals and requests for reconsideration to Deputy Administrator.

Any person (hereinafter called the "appellant") filing an appeal with the Deputy Administrator, or a request for reconsideration of a determination made by the Deputy Administrator under § 7.30, is entitled, at his/her election, to a hearing in connection therewith. If the appellant does not request a hearing, the appeal or reconsideration shall be handled in accordance with § 7.31. If the appellant desires a hearing, he/she shall so advise the Deputy Administrator. The hearing shall be conducted by the Deputy Administrator, or his/her designee. The hearing shall be held at the time and place designated by the hearing officer (the Deputy Administrator or his/her designee). The appellant is entitled to appear personally or through or accompanied by a representative. The hearing officer shall conduct the hearing so as to bring out pertinent facts, including the production of pertinent documents. Rules of evidence shall not be applied strictly, but the hearing officer shall exclude irrelevant or unduly repetitious evidence. Information having a bearing on the issues shall be received in evidence. Both the appellant and the agency representatives are entitled to produce witnesses and the appellant and agency representative shall be given an opportunity to cross-examine witnesses. The hearing officer shall inform the witnesses that they are subject to a fine of not more than $10,000 or imprisonment for not more than 5 years or both for making any false statements (18 U.S.C. 1001). The hearing officer shall cause a transcript to be made of the hearing and it shall

(a) All books, records, and documents of or used by the county committee in the administration of programs assigned to it, or in the conduct of elections, shall be the property of the United States Department of Agriculture and shall be maintained in good order in the county office.

(b) For polling and mail type elections, ballots shall remain in sealed boxes until the prescribed date for counting. Following the counting of ballots in all types of elections, the ballots shall be placed in sealed containers and retained for 30 days unless otherwise determined by the State committee.

§ 7.36 Use.

The books, records, and documents referred to in § 7.35 shall be available for use and examination:

(a) At all times by authorized representatives of the Secretary of Agriculture, the Administrator, the Deputy Administrator, State and County Operations, and the Deputy Administrator, Management, Agricultural Stabilization and Conservation Service;

(b) By State, county, and community committee members, and authorized employees of the State and county office in the performance of duties assigned to them under this part, subject to any limitations prescribed in official instructions;

(c) At any reasonable time to any program participant insofar as his/her interests under the programs administered by the county committee may be affected, subject to any limitations prescribed in official instructions; and (d) To any other person only in accordance with official instructions issued.

GENERAL PROVISIONS

§ 7.37 Administrative operations.

The administrative operations of county committees including but not limited to the following, shall be conducted, except as otherwise provided in these regulations, in accordance with official instructions issued.

(a) Annual, sick, and other types of employee leave;

(b) Location and use of county committee office;

(c) Call, conduct, and records of county and community committee meetings.

§ 7.38 Implementation.

Unless specifically provided in this part, the Deputy Administrator, State and County Operations, or the Deputy Administrator, Management, Agricultural Stabilization and Conservation Service, is authorized to issue the official instructions and official procedures referred to herein, implementing the regulations in this part.

§ 7.39 Applicability.

The regulation in this part shall apply to each State of the United States.

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§ 7.40 Secretary, Administrator, or Deputy Administrator, not precluded from exercising authority.

Nothing in these regulations shall preclude the Secretary; Administrator, Agricultural Stabilization and Conservation Service; or Deputy Administrator, Agricultural Stabilization and Conservation Service, from administering any or all programs or exercising other functions delegated to the community committee, county committee, State committee, or any employee. In exercising this authority either the Secretary, Administrator, or Deputy Administrator may designate a person or persons of their choice to be in charge with full authority to carry on the programs or other functions without regard to the committee, committees, or their employees for such period of time he/she may deem necessary

(a) The term "4-H Club name and emblem" as used in this part means the emblem consisting of a green fourleaf clover with stem and the letter "H" in white or gold on each leaflet, or any insignia in colorable imitation thereof or the words "4-H Club" or "4-H Clubs" or any combination of these or other words or characters in colorable imitation thereof.

(b) The term “Administrator" means the Administrator, Federal Extension Service, United States Department of Agriculture.

§ 8.4 Basic premises.

(a) The 4-H Club name and emblem are held in trust by the Secretary of Agriculture of the U.S. Department of Agriculture for the educational and character building purposes of the 4-H Club program and can be used only as authorized by the statute and in accordance with the authorization of the Secretary or his designated representative.

(b) The 4-H Club name and emblem may be used by authorized representatives of the U. S. Department of Agriculture, the land-grant colleges, and the Cooperative Extension Service, in accordance with the regulations in this part, for serving the educational needs and interests of boys and girls enrolled in 4-H Clubs.

(c) Any use of the 4-H Club name and emblem is forbidden if it exploits the 4-H Club program, its volunteer leaders or members, or the U. S. Department of Agriculture, land-grant colleges, Cooperative Extension Service, or their employees.

§ 8.5 Revocation of present authorizations.

Effective July 1, 1955, except as provided in § 8.9, all authorization permits, except as provided in § 8.6, for the use of the 4-H Club name and emblem presently in effect will be revoked.

§ 8.6 Authorization for use.

(a) The Administrator may grant authorization for the use of the 4-H Club name and emblem:

(1) For educational or informational uses which the Cooperative Extension Service deems to be in the best interests of 4-H Club work and which can be properly controlled by the Cooperative Extension Service.

(2) For a service to youth which the Cooperative Extension Service determines it is not in a position itself to perform.

(b) Authorizations, when issued, will be valid for specified purposes and periods of time only. Application forms for requesting authorization to use the 4-H Club name and emblem may be obtained from the Administrator, Federal Extension Service, United States Department of Agriculture, Washington 25, D.C.

(c) Granting an authorization to an individual, organization or institution for a specific use does not preclude granting a similar authorization to another individual, organization or institution for the same or a similar purpose.

(d) All uses of the 4-H Club name or emblem shall be consistent with the educational purposes, character building objectives and dignity of the 4-H Club program and the emblem shall be given a position of prominence. It is not proper to superimpose any letter, design, or object on the 4-H Club emblem, or to materially alter its intended shape.

(e) Specific authorization is not required to use the 4-H Club name or emblem for news media such as newspapers, periodicals, and radio and television programs when such use is primarily for an educational or informational purpose. Likewise specific authorization is not required to use the name or emblem in those exhibits, displays, etc., which are designed primarily to pay tribute to or salute the 4-H Club program and are in keeping with the policy enunciated herein.

(f) Authorization must be obtained for the use of the 4-H Club name and emblem by other than representatives of the Cooperative Extension Service in connection with contests and awards; supplies to be sold; books,

booklets, charts, posters and similar printed materials; all calendars regardless of origin or use; theatrical and non-theatrical motion pictures; slide films and other visual materials; supplies (whether to be sold or provided without charge); titles of persons and advertisements.

(g) Any authorization or permission for the use of the 4-H Club name and emblem may be revoked at any time after notice.

§ 8.7 Continued use.

(a) The land-grant colleges, the State and county Extension Services, and the local 4-H Clubs recognized by the Secretary of Agriculture and the Cooperative Extension Service, are authorized to use the 4-H Club name and emblem for their own educational or informational purposes in accordance with this part, on materials which are originated, requested, purchased, or distributed by them. The land-grant colleges, county Extension Services and local 4-H Clubs may only authorize, create and purchase 4-H materials for their own use. They are not permitted to authorize manufacturers, wholesalers, retailers, purchasers, or others to manufacture, or sell or distribute materials bearing the 4-H Club name and emblem for other uses or for resale:

(1) Distribution of materials requested by a local 4-H Club or county Extension Service is limited to the boundaries of the county within which the request originated.

(2) Distribution of materials requested by a State Extension Service is limited to the boundaries of the State within which the request originated.

(3) Any request for distribution of 4H materials on an interstate basis shall be brought to the attention of the Administrator.

(b) The National Committee on Boys and Girls Club Work, Inc., and the National 4-H Club Foundation of America, Inc., are granted authority to use the 4-H Club name and emblem in accordance with this part:

(1) The National Committee on Boys and Girls Club Work, Inc., shall be, to the maximum degree possible, the source of supplies for the 4-H Club

work except where they are not in the best position to provide a particular item.

§ 8.8 Use by public informational services.

(a) In any advertisement, display, exhibit, film, news release, publication, radio and television program devoted in whole or in part to the 4-H Clubs, the 4-H message or salute must be distinctly set apart from any commercial message or reference.

(b) Advertisements, public releases or displays in any form must not include actual or implied testimonials or endorsements of business firms, their products or services, either by 4-H Clubs, 4-H members, volunteer 4-H leaders, the Cooperative Extension Service or its employees. Statements that a product is used or preferred to the exclusion of similar products are not permitted.

(c) The granting of an authorization for the production of films, visual materials, books, publications, etc., using the 4-H Club name and emblem is contingent upon approval of the script of the film or draft of the publication when the draft is in its final working form. Preliminary plans and drafts may be submitted as work progresses in order to expedite final action.

§ 8.9 Use on calendars.

(a) The revocation of present authorizations provided in § 8.4 does not apply to authorizations for calendars now in production for hang-up before or in the year 1957.

(b) No State or county Extension Service or local 4-H Club is authorized to produce a 4-H Club calendar or authorize others to produce or sell a 4-H Club calendar.

(c) Calendars will be approved only on the basis of very high standards of quality and acceptable distribution plans:

(1) All organizations wishing to manufacture and merchandise calendars bearing the 4-H Club name and emblem shall submit to the Administrator the following specific materials and any supplementary information or materials which will help to provide complete information regarding the calendar, its promotion and sales plan:

(i) Application for authorization to use the 4-H Club name and emblem.

(ii) Samples (actual or dummy) of the various types of calendars on which the manufacturer wishes to use the 4-H Club name and emblem, including complete specifications as to size, art work, copy, color, paper stock, etc.

(iii) A statement on promotion, sales and distribution plans for the calendar bearing the 4-H Club name and emblem, including prices in various quantities, number of salesmen employed, or to be employed, extent of sales, territory to be covered, means of distribution to users, etc.

name

(iv) Copies of any and all sales or promotion literature which makes reference to 4-H Club work or calendars bearing the 4-H Club and emblem. (d) Notification of the grant of an authorization for the use of the 4-H Club name and emblem for a specific year will be received by the calendar manufacturer from the Administrator.

(e) During each year that the authorization is in effect, art work, copy and related plans for each complete calendar and any pertinent changes from the original approved sales and distribution plan, must be submitted for approval to the Administrator, Federal Extension Service, U.S. Department of Agriculture, Washington 25, D.C.

(f) The main illustration shall be used only on the calendar series for which authorization is granted and shall not be used on other calendars. The main illustration and other illustrations used shall be in keeping with the ideals, spirit and objectives of the 4-H Club Program. Natural color oil paintings or photo reproductions of real life situations depicting the eduIcational work of 4-H Clubs shall be used.

(g) All calendar copy must contain a line near the advertiser's name indicating that the distribution of the calendar is designed to further the educational program of 4-H Club work.

(h) Copy, art work, subject matter, and information appearing in or on the calendar shall not in any way imply endorsement of the firm or individual sponsoring the calendar, nor of