ed by the Agricultural Agreement Act of 1937 (50 as amended. (b) The term "Departme the United States Departme culture. (c) The term "Secretary" Secretary of Agriculture of t States, or any officer or em the Department to whom has heretofore been delegat whom authority may hereaft egated, to act in his stead. (d) The terms Administra Judge or Judge means any ad tive law judge appointed purs U.S.C. 3105, and assigned to the proceeding. (e) The term "Administrato the Administrator of the Agr Marketing Service, with powe legate, or any officer or emp the Department to whom a has been delegated or may h be delegated to act in his stead (f) [Reserved] (g) The term "FEDERAL R means the publication provide the act of July 26, 1935 (49 S and acts supplementary the amendatory thereof. (h) The term "hearing" me part of the proceeding which the submission of evidence. (i) The term "marketing agr means any marketing agree any amendment thereto which entered into pursuant to secti the act. (j) The term "marketing means any order or any am thereto which may be issued to section 8c of the act, a notice and hearing as required section. (k) The term "proceeding" proceeding upon the basis of marketing agreement may be into or a marketing order issued. (1) The term "hearing clerk the hearing clerk, United St partment of Agriculture, Was D.C. [25 FR 5907, June 28, 1960, as am 26 FR 7796, Aug. 22, 1961; 28 FR 23, 1963; 37 FR 8059, Apr. 25, 197 29798, Oct. 29, 1973] § 900.3 Proposals. (a) A marketing agreement or a marketing order may be proposed by the Secretary or by any other person. If any person other than the Secretary proposes a marketing agreement or marketing order, he shall file with the Administrator a written application, together with at least four copies of the proposal, requesting the Secretary to hold a hearing upon the proposal. Upon receipt of such proposal, the Administrator shall cause such investigation to be made and such consideration thereof to be given as, in his opinion, are warranted. If the investigation and consideration lead the Administrator to conclude that the proposed marketing agreement or marketing order will not tend to effectuate the declared policy of the act, or that for other proper reasons a hearing should not be held on the proposal, he shall deny the application, and promptly notify the applicant of such denial, which notice shall be accompanied by a brief statement of the grounds for the denial. (b) If the investigation and consideration lead the Administrator to conclude that the proposed marketing agreement or marketing order will tend to effectuate the declared policy of the act, or if the Secretary desires to propose a marketing agreement or marketing order, he shall sign and cause to be served a notice of hearing, as provided in this subpart. § 900.4 Institution of proceeding. (a) Filing and contents of the notice of hearing. The proceeding shall be instituted by filing the notice of hearing with the hearing clerk. The notice of hearing shall contain a reference to the authority under which the marketing agreement or marketing order 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 marketing agreement or marketing order or a description of the subjects and issues involved and shall state the industry, area, and class of persons to be regulated, the time and place of such hearing, and the place where copies of such proposed marketing agreement or marketing order may be obtained or examined. The time of the hearing shall not be less than 15 days after the date of publication of the notice in the FEDERAL REGISTER, as provided in this subpart, unless the Administrator 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 Administrator may determine to be reasonable in the circumstances: Provided, That, in the case of hearings on amendments to marketing agreements or marketing orders, the time of the hearing may be less than 15 days but shall not be less than 3 days after the date of publication of the notice in the FEDERAL REGISTER. (b) Giving notice of hearing and supplemental publicity. (1) The Administrator shall give or cause to be given notice of hearing in the following manner: (i) By publication of the notice of hearing in the FEDERAL REGISTER; (ii) By mailing a true copy of the notice of hearing to each of the persons known to the Administrator, to be interested therein; (iii) By issuing a press release containing the complete text or a summary of the contents of the notice of hearing and making the same available to such newspapers in the area proposed to be subjected to regulation as reasonably will tend to bring the ntoice to the attention of the persons interested therein; (iv) By forwarding copies of the notice of hearing addressed to the governors of such of the several States of the United States and to executive heads of such of the Territories and possessions of the United States as the Administrator, having due regard for the subject matter of the proposal and the public interest, shall determine, should be notified. (2) Legal notice of the hearing shall be deemed to be given if notice is given in the manner provided by paragraph (b)(1)(i) of this section; and failure to give notice in the manner provided in paragraph (b)(1) (ii), (iii), and (iv) of this section shall not affect the legality of the notice. (c) Record of notice and supplemental publicity. There shall be filed with the hearing clerk or submitted to the judge at the hearing an affidavit or certificate of the person giving the notice provided in paragraph (b)(1) (iii) and (iv) of this section. In regard to the provisions relating to mailing in paragraph (b)(1)(ii) of this section, a determination by the Administrator that such provisions have been complied with shall be filed with the hearing clerk or submitted to the judge at the hearing. In the alternative, if notice is not given in the manner provided in paragraph (b)(1) (ii), (iii), and (iv) of this section there shall be filed with the hearing clerk or submitted to the judge at the hearing a determination by the Administrator that such notice is impracticable, unnecessary, or contrary to the public interest with a brief statement of the reasons for such determination. Determinations by the Administrator as herein provided shall be final. § 900.5 Docket number. Each proceeding, immediately following its institution, shall be assigned a docket number by the hearing clerk and thereafter the proceeding may be referred to by such number. § 900.6 Judges. (a) Assignment. No judge who has any pecuniary interest in the outcome of a proceeding shall serve as judge in such proceeding. (b) Powers of judges. Subject to review by the Secretary, as provided elsewhere in this subpart, the judge, in any proceeding, 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) Do all acts and take all measures necessary for the maintenance of order at the hearing and the efficient conduct of the proceeding. (c) Who may act in absence of judge. In case of the absence of the judge or his inability to act, the powers and duties to be performed by him under this part in connection with ing may, without abatem proceeding unless otherwi by the Secretary, be assig other judge. (d) Disqualification of judge may at any time wi judge in a proceeding if he c self to be disqualified. Upon by an interested person in of a timely and sufficient a personal bias or disqualifica judge, the Secretary shall the matter as a part of the r decision in the proceedi making such investigation o such hearings, or both, as deem appropriate in the stances. § 900.7 Motions and requests. (a) General. All motions quests shall be filed with the clerk, except that those ma the course of the hearing ma with the judge or may be stat and made a part of the transc Except as provided in § such motions and requests sh dressed to, and ruled on by, th ing officer if made prior to h cation of the transcript pu § 900.10 or by the Secretary thereafter. (b) Certification to Secret judge may in his discretion s certify to the Secretary for any motion, request, obje other question addressed to t § 900.8 Conduct of the hearing. (a) Time and place. The shall be held at the time a fixed in the notice of hearin the judge shall have changed or place, in which event t shall file with the hearing notice of such change, whic shall be given in the same m provided in § 900.4 (relating giving of notice of the heari vided, That, if the change in place of hearing is made les days prior to the date previou for the hearing, the judge, addition to or in lieu of ca notice of the change to be gi announce, or cause to be an |