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Electronic Code of Federal Regulations

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e-CFR Data is current as of October 21, 2014

Title 7Subtitle APart 1


TITLE 7—Agriculture

Subtitle A—OFFICE OF THE SECRETARY OF AGRICULTURE

PART 1—ADMINISTRATIVE REGULATIONS

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Subpart A—OFFICIAL RECORDS

§1.1
Purpose and scope.
§1.2
Policy.
§1.3
Agency implementing regulations.
§1.4
Public access to certain materials.
§1.5
Requests for records.
§1.6
Aggregating requests.
§1.7
Agency response to requests for records.
§1.8
Multitrack processing.
§1.9
Expedited processing.
§1.10
Search services.
§1.11
Review services.
§1.12
Handling information from a private business.
§1.13
Date of receipt of requests or appeals.
§1.14
Appeals.
§1.15
General provisions respecting release of records.
§1.16
Extension of administrative deadlines.
§1.17
Failure to meet administrative deadlines.
§1.18
Fee schedule.
§1.19
Exemptions and discretionary release.
§1.20
Annual report.
§1.21
Compilation of new records.
§1.22
Authentication.
§1.23
Records in formal adjudication proceedings.
§1.24
Preservation of records.
§1.25
Implementing regulations for the Office of the Secretary and the Office of Communications.
Appendix
Appendix A to Subpart A of Part 1—Fee Schedule
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Subpart B—DEPARTMENTAL PROCEEDINGS

§1.26
Representation before the Department of Agriculture.
§1.27
Rulemaking and other notice procedures.
§1.28
Petitions.
§1.29
Subpoenas relating to investigations under statutes administered by the Secretary of Agriculture.
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Subpart C—JUDICIAL PROCEEDINGS

§1.41
Service of process.
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Subpart D—CLAIMS

§1.51
Claims based on negligence, wrongful act or omission.
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Subpart E—COOPERATIVE PRODUCTION OF TELEVISION FILMS

§1.71
Purpose.
§1.72
Policy.
§1.73
Responsibility.
§1.74
Basis for special working relationships.
§1.75
General stipulations.
§1.76
Department cooperation.
§1.77
Assignment of priorities.
§1.78
Development of special working relationships.
§1.79
Credits.
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Subpart G—PRIVACY ACT REGULATIONS

§1.110
Purpose and scope.
§1.111
Definitions.
§1.112
Procedures for requests pertaining to individual records in a record system.
§1.113
Times, places, and requirements for identification of individuals making requests.
§1.114
Disclosure of requested information to individuals.
§1.115
Special procedures: Medical records.
§1.116
Request for correction or amendment to record.
§1.117
Agency review of request for correction or amendment of record.
§1.118
Appeal of initial adverse agency determination on correction or amendment.
§1.119
Disclosure of record to person other than the individual to whom it pertains.
§1.120
Fees.
§1.121
Penalties.
§1.122
General exemptions.
§1.123
Specific exemptions.
Appendix
Appendix A to Subpart G of Part 1—Internal Directives
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Subpart H—RULES OF PRACTICE GOVERNING FORMAL ADJUDICATORY PROCEEDINGS INSTITUTED BY THE SECRETARY UNDER VARIOUS STATUTES

§1.130
Meaning of words.
§1.131
Scope and applicability of this subpart.
§1.132
Definitions.
§1.133
Institution of proceedings.
§1.134
Docket number.
§1.135
Contents of complaint or petition for review.
§1.136
Answer.
§1.137
Amendment of complaint, petition for review, or answer; joinder of related matters.
§1.138
Consent decision.
§1.139
Procedure upon failure to file an answer or admission of facts.
§1.140
Conferences and procedure.
§1.141
Procedure for hearing.
§1.142
Post-hearing procedure.
§1.143
Motions and requests.
§1.144
Judges.
§1.145
Appeal to Judicial Officer.
§1.146
Petitions for reopening hearing; for rehearing or reargument of proceeding; or for reconsideration of the decision of the Judicial Officer.
§1.147
Filing; service; extensions of time; and computation of time.
§1.148
Depositions.
§1.149
Subpoenas.
§1.150
Fees of witnesses.
§1.151
Ex parte communications.
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Subpart I—RULES OF PRACTICE GOVERNING CEASE AND DESIST PROCEEDINGS UNDER SECTION 2 OF THE CAPPER-VOLSTEAD ACT

§1.160
Scope and applicability of rules in this part.
§1.161
Definitions.
§1.162
Institution of proceedings.
§1.163
The complaint.
§1.164
Answer.
§1.165
Amendments.
§1.166
Consent order.
§1.167
Conference.
§1.168
Procedure for hearing.
§1.169
Post-hearing procedure and decision.
§1.170
Appeal to the Judicial Officer.
§1.171
Intervention.
§1.172
Motions and requests.
§1.173
Judges.
§1.174
Filing; service; extensions of time; and computation of time.
§1.175
Procedure following entry of cease and desist order.
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Subpart J—PROCEDURES RELATING TO AWARDS UNDER THE EQUAL ACCESS TO JUSTICE ACT IN PROCEEDINGS BEFORE THE DEPARTMENT

General Provisions

§1.180
Definitions.
§1.181
Purpose of these rules.
§1.182
When EAJA applies.
§1.183
Proceedings covered.
§1.184
Eligibility of applicants.
§1.185
Standards for awards.
§1.186
Allowable fees and expenses.
§1.187
Rulemaking on maximum rates for attorney fees.
§1.188
Awards against other agencies.
§1.189
Delegations of authority.

Information Required From Applicants

§1.190
Contents of application.
§1.191
Net worth exhibit.
§1.192
Documentation of fees and expenses.
§1.193
Time for filing application.

Procedures for Considering Applications

§1.194
Filing and service of documents.
§1.195
Answer to application.
§1.196
Reply.
§1.197
Comments by other parties.
§1.198
Settlement.
§1.199
Further proceedings.
§1.200
Decision.
§1.201
Department review.
§1.202
Judicial review.
§1.203
Payment of award.
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Subpart K—APPEARANCE OF USDA EMPLOYEES AS WITNESSES IN JUDICIAL OR ADMINISTRATIVE PROCEEDINGS

§1.210
Purpose.
§1.211
Definitions.
§1.212
General.
§1.213
Appearance as a witness on behalf of the United States.
§1.214
Appearance as a witness on behalf of a party other than the United States where the United States is not a party.
§1.215
Subpoenas duces tecum for USDA records in judicial or administrative proceedings in which the United States is not a party.
§1.216
Appearance as a witness or production of documents on behalf of a party other than the United States where the United States is a party.
§1.217
Witness fees and travel expenses.
§1.218
Penalty.
§1.219
Delegations.
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Subpart L—PROCEDURES RELATED TO ADMINISTRATIVE HEARINGS UNDER THE PROGRAM FRAUD CIVIL REMEDIES ACT OF 1986

§1.301
Basis, purpose and scope.
§1.302
Definitions.
§1.303
Basis for civil penalties and assessments.
§1.304
Investigation.
§1.305
Review by the reviewing official.
§1.306
Prerequisites for issuing a complaint.
§1.307
Complaint.
§1.308
Service of complaint and notice of hearing.
§1.309
Answer and request for hearing.
§1.310
Default upon failure to file an answer.
§1.311
Referral of complaint and answer to the ALJ.
§1.312
Procedure where respondent does not request a hearing.
§1.313
Procedure where respondent requests a hearing; notice of hearing.
§1.314
Parties to the hearing.
§1.315
Separation of functions.
§1.316
Ex parte contacts.
§1.317
Disqualification of reviewing official or ALJ.
§1.318
Rights of parties.
§1.319
Authority of the ALJ.
§1.320
Prehearing conferences.
§1.321
Disclosure of documents.
§1.322
Discovery.
§1.323
Subpoenas for attendance at hearing.
§1.324
Fees.
§1.325
Form, filing and service of papers.
§1.326
Computation of time.
§1.327
Motions.
§1.328
Sanctions.
§1.329
The hearing and burden of proof.
§1.330
Location of hearing.
§1.331
Witnesses.
§1.332
Evidence.
§1.333
The record.
§1.334
Post-hearing briefs.
§1.335
Determining the amount of penalties and assessments.
§1.336
Initial decision of the ALJ.
§1.337
Reconsideration of initial decision.
§1.338
Appeal to the judicial officer.
§1.339
Stays ordered by the Department of Justice.
§1.340
Stay pending appeal.
§1.341
Judicial review.
§1.342
Collection of civil penalties and assessments.
§1.343
Right to administrative offset.
§1.344
Deposit to Treasury of the United States.
§1.345
Settlement.
§1.346
Limitation.
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Subpart M—RULES OF PRACTICE GOVERNING ADJUDICATION OF SOURCING AREA APPLICATIONS AND FORMAL REVIEW OF SOURCING AREAS PURSUANT TO THE FOREST RESOURCES CONSERVATION AND SHORTAGE RELIEF ACT OF 1990 (16 U.S.C. 620 ET SEQ.)

§1.410
Meaning of words.
§1.411
Definitions.
§1.412
Institution of proceedings.
§1.413
Submission of a sourcing area application.
§1.414
Docket number.
§1.415
Notification of proceedings.
§1.416
Comment period.
§1.417
Review period.
§1.418
Procedure upon no request for hearing.
§1.419
Amendment of a sourcing area application.
§1.420
Consent recommendation.
§1.421
Prehearing conferences and procedures.
§1.422
Conduct of the hearing.
§1.423
Post-hearing procedure.
§1.424
Motions and requests.
§1.425
Judges.
§1.426
Appeal to Judicial Officer.
§1.427
Filing; identification of parties of record; service; and computation of time.
§1.428
Depositions.
§1.429
Ex parte communications.
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Subpart N—POLICY WITH REGARD TO INDEMNIFICATION OF DEPARTMENT OF AGRICULTURE EMPLOYEES

§1.501
Policy on employee indemnification.
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Subpart O—CONDITIONS IN FERC HYDROPOWER LICENSES

General Provisions

§1.601
What is the purpose of this subpart, and to what license proceedings does it apply?
§1.602
What terms are used in this subpart?
§1.603
How are time periods computed?
§1.604
What deadlines apply to pending applications?

Hearing Process

Representatives

§1.610
Who may represent a party, and what requirements apply to a representative?

Document Filing and Service

§1.611
What are the form and content requirements for documents under §§1.610 through 1.660?
§1.612
Where and how must documents be filed?
§1.613
What are the requirements for service of documents?

Initiation of Hearing Process

§1.620
What supporting information must the Forest Service provide with its preliminary conditions?
§1.621
How do I request a hearing?
§1.622
How do I file a notice of intervention and response?
§1.623
When will hearing requests be consolidated?
§1.624
How will the Forest Service respond to any hearing requests?
§1.625
What will the Forest Service do with any hearing requests?
§1.626
What regulations apply to a case referred for a hearing?

General Provisions Related to Hearings

§1.630
What will OALJ do with a case referral?
§1.631
What are the powers of the ALJ?
§1.632
What happens if the ALJ becomes unavailable?
§1.633
Under what circumstances may the ALJ be disqualified?
§1.634
What is the law governing ex parte communications?
§1.635
What are the requirements for motions?

Prehearing Conferences and Discovery

§1.640
What are the requirements for prehearing conferences?
§1.641
How may parties obtain discovery of information needed for the case?
§1.642
When must a party supplement or amend information it has previously provided?
§1.643
What are the requirements for written interrogatories?
§1.644
What are the requirements for depositions?
§1.645
What are the requirements for requests for documents or tangible things or entry on land?
§1.646
What sanctions may the ALJ impose for failure to comply with discovery?
§1.647
What are the requirements for subpoenas and witness fees?

Hearing, Briefing, and Decision

§1.650
When and where will the hearing be held?
§1.651
What are the parties' rights during the hearing?
§1.652
What are the requirements for presenting testimony?
§1.653
How may a party use a deposition in the hearing?
§1.654
What are the requirements for exhibits, official notice, and stipulations?
§1.655
What evidence is admissible at the hearing?
§1.656
What are the requirements for transcription of the hearing?
§1.657
What is the standard of proof?
§1.658
When will the hearing record close?
§1.659
What are the requirements for post-hearing briefs?
§1.660
What are the requirements for the ALJ's decision?

Alternatives Process

§1.670
How must documents be filed and served under §§1.670 through 1.673?
§1.671
How do I propose an alternative?
§1.672
What will the Forest Service do with a proposed alternative?
§1.673
How will the Forest Service analyze a proposed alternative and formulate its modified condition?
§1.674
Has OMB approved the information collection provisions of §§1.670 through 1.673?


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