Part 881

894

Hawaii.

896-899 [Reserved]

801.11

801.12 801.13

and conclusions.

Certification of the transcript.
Copies of the transcript.

Administrator's recommended deci-
sion.

801.14 Submission to Secretary and issuance of tentative decision by Secretary. Decision by Secretary.

801.15 801.16 Hearing before Secretary. 801.17 Final determination or regulation. 801.18 Filing; extension of time; effective date of filing; and computation of time.

801.19 Discussion of issues, etc., of proceeding prohibited.

801.20 Revision or amendment of existing allotments.

AUTHORITY: The provisions of this Part 801 issued under secs. 101, 205, 403, 61 Stat. 922, 926, 932; 7 U.S.C. 1101, 1115, 1153.

SOURCE: The provisions of this Part 801 appear at 21 F.R. 4252, June 16, 1956; 27 F.R. 1967, Mar. 1, 1962, unless otherwise noted.

As used in the regulations in this part: (a) The term "act" means the Sugar Act of 1948, as amended (61 Stat. 922; 65 Stat. 318; Public Law 545, 84th Congress, 2d Session; 7 U.S.C. 1100 et seq.),

(b) The term "Department" means the United States Department of Agriculture.

(c) The term "Secretary" means the Secretary of Agriculture or any officer or employee of the Department to whom the Secretary has heretofore lawfully delegated, or to whom the Secretary may hereafter lawfully delegate, the authority to act in his stead.

(d) The term "Administrator" means the Administrator of the Agricultural Stabilization and Conservation Service of the Department.

(e) The term "Examiner" means any examiner in the Office of Hearing Examiners, United States Department of Agriculture.

(f) The term "proceeding" means a proceeding before the Secretary, arising under paragraph (n) of section 101, or section 205 of the act.

(g) The term "hearing" means that part of the proceeding which involves the submission of evidence.

(h) The term "presiding officer" means the examiner conducting a proceeding under the act.

(i) The term "Hearing Clerk" means the Hearing Clerk, United States Department of Agriculture, Washington, D.C.

(j) The term "FEDERAL REGISTER" means the publication provided for by the act of July 26, 1935 (49 Stat. 500), and acts supplementary thereto and amendatory thereof.

§ 801.2

Proceedings which are subject to this part.

The provisions of this part set forth the rules of practice and procedure applicable to proceedings for the issuance by the Secretary of determinations and regulations, including amendments or revisions thereto, establishing:

(a) The allotment of any sugar quota or proration thereof as provided in section 205 of the act;

(b) The specific processes to which sugars are subjected which are sufficient to meet the requirements of paragraph (n) of section 101 of the act; or

(c) The sugars of specific qualities which are raw sugar within the meaning of paragraph (d), or direct-consumption sugar within the meaning of paragraph (e), of section 101 of the act.

§ 801.3 Petitions for institution of proceedings.

Any interested person may petition the Secretary in writing for the issuance, amendment, or repeal of a determination made upon a proceeding which is subject to the provisions of this part. Such petition shall be filed with the Administrator and shall be accompanied by a written statement, in quadruplicate, setting forth the facts and reasons in support thereof. Upon receipt of such petition, the Administrator shall cause such investigation to be made and such consideration thereof to be given as, in his opinion, are warranted. If, after such investigation and consideration, the Administrator concludes that such petition should be denied, he shall give prompt notice of such denial, which shall be accompanied by a brief, simple statement of the reasons for such denial. If, after such investigation and consideration, the Administrator concludes that some action should be taken, he shall recommend that the Secretary institute proceedings.

§ 801.4

Institution of proceedings.

(a) Whenever, pursuant to a petition filed under § 801.3, or on his own initiative, the Secretary (1) finds that the allotment of any quota or proration thereof is necessary to assure an orderly and adequate flow of sugar or liquid sugar in the channels of interstate or foreign commerce, or to prevent disorderly marketing or importation of sugar or liquid sugar, or to afford all interested persons an equitable opportunity to market sugar or liquid sugar; or (2) decides

that it is necessary to determine whether specific processes to which sugars are subjected are sufficient to meet the requirements of paragraph (n) of section 101 of the act, or whether sugars of specific qualities are raw sugar within the meaning of paragraph (d), or directconsumption sugar within the meaning of paragraph (e) of section 101 of the act, he shall institute a proceeding by issuing a notice of hearing.

(b) In any proceeding instituted pursuant to paragraph (a) of this section, for the allotment of a quota or proration thereof, the notice of hearing issued and the hearing held with respect thereto shall, where the notice of hearing so states, constitute the notice of hearing and the hearing upon which the Secretary may revise or amend the allotment of the quota or proration thereof for the purposes of (1) giving effect to any changes in quota made by the Secretary pursuant to the provisions of section 202(a) (2) or 204(a) of the act, (2) allotting any deficit in the allotment for any allottee, and (3) substituting revised estimates of data or final actual data for estimates of such data wherever estimates are used in the formulation of the allotment of a quota.

[21 F.R. 4252, June 16, 1956, as amended at 24 FR. 697, Jan. 31, 1959]

§ 801.5 Notice of hearing.

(a) Filing and giving notice. (1) Upon the issuance of a notice of hearing by the Secretary, it shall be filed with the Hearing Clerk, who shall promptly mail a true copy thereof to each of the persons known to be interested in the proceeding. The Hearing Clerk shall give or cause to be given further notice of the hearing in the following manner:

(1) By publication of such notice in the FEDERAL REGISTER; and

(ii) By issuing a press release containing the complete text or a summary of the contents of such notice.

(2) Legal notice of the hearing shall be deemed to be given if notice is given in the manner provided in subparagraph (1) (1) of this paragraph; and failure to give notice in the manner otherwise provided in subparagraph (1) of this paragraph shall not affect the legality of the notice.

(b) Proof of mailing or of giving notice. Proof of the mailing of the notice of hearing or of other means of giving notice shall be by affidavit or certificate

of the person mailing or giving the same. Such affidavit or certificate shall be filled with the Hearing Clerk and the filing thereof shall be noted on the docket of the proceeding.

(c) Contents. The notice of the hearing shall contain a reference to the authority under which the proceeding is proposed; shall define the scope of the hearing as specifically as may be practicable; shall contain either the terms or substance of the proposed determination or regulation, or a description of the subjects and issues involved; and shall state the time and place of such hearing and the place where copies of any proposal may be obtained or examined. The time of the hearing shall not be less than ten days after the date of publication of the notice in the FEDERAL REGISTER, unless the Secretary shall determine that an emergency exists which requires a shorter period of notice, in which case the period of notice shall be that which the Secretary may determine to be reasonable in the circumstances.

(a) Assignment. No presiding officer who has any pecuniary interest in the outcome of a proceeding shall serve as a presiding officer in such proceeding.

(b) Powers. Subject to review by the Secretary, as provided elsewhere in this part, the presiding officer shall have power to:

(1) Rule upon motions and requests; (2) Change the time and place of hearing, and adjourn the hearing from time to time or from place to place;

(3) Administer oaths and affirmations and take affidavits;

(4) Examine and cross-examine witnesses and receive evidence;

(5) Admit or exclude evidence;

(6) Hear oral argument on facts or law;

(7) Hold conferences for the simplification of the issues by consent of the parties;

(8) Do all acts and take all measures necessary for the maintenance of order and the efficient conduct of the proceeding.

(c) Who may act in absence of presiding officer. In case of the absence of the presiding officer or his inability to act, the powers and duties to be performed by him under this part may be assigned to any other presiding officer without abatement of the proceeding unless otherwise ordered by the Secretary.

(d) Disqualification of presiding oficer. The presiding officer may, at any time, withdraw as presiding officer in a proceeding if he deems himself to be disqualified. Upon the filing by an interested person in good faith of a timely and sufficient affidavit of personal bias or disqualification of a presiding officer, the Secretary shall determine the matter as a part of the record and decision in the proceeding, after making such investigation or holding such hearings, or both, as he may deem appropriate in the circumstances.

§ 801.8 Motions and requests.

(a) General. All motions and requests shall be filed with the Hearing Clerk, except that those made during the course of the hearing may be filled with the presiding officer or may be stated orally and made a part of the transcript. Except as provided in § 801.18, such motions and requests shall be addressed to, and ruled on by, the presiding officer if made prior to his certification of the transcript pursuant to § 801.11 or by the Secretary if made thereafter.

(b) Certification to Secretary. The presiding officer may, in his discretion, submit or certify to the Secretary for decision any motion, request, objection, or other question addressed to the presiding officer.

§ 801.9 Conduct of the hearing.

(a) Time and place. The hearing shall be held at the time and place fixed in the notice of hearing, unless the presiding officer shall have changed the time or place, in which event the presiding offcer shall file with the Hearing Clerk a notice of such change, which notice shall be mailed and published in the same manner as hereinbefore provided in § 801.5 (a) (relating to the mailing and the publication of the notice of hearing): Provided, That, if the change in time or place of hearing is made less than 5 days prior to the date previously fixed for the hearing, the presiding officer, either in addition to or in lieu of causing the notice of the change to be given as aforesaid, shall announce, or cause to