Title 7--AGRICULTURE
Chapter


expenses under EAJA, the applicant must meet one of the following conditions: (1) The applicant must be a prevailing party to the adversary adjudication for which it seeks...


award for fees and expenses incurred in connection with a proceeding, or in a significant and discrete substantive portion of the proceeding, unless the position of the...


persons engaged in the business of acting as attorneys, agents, and expert witnesses, even if the services were made available without charge or at reduced rate to...


of living or by special circumstances (such as limited availability of attorneys qualified to handle certain types of proceedings), the Department may adopt...


another agency of the United States that participates in a proceeding before the Department and takes a position that is not substantially justified, the award or...


Secretary of Agriculture delegates to the Judicial Officer authority to take final action on matters pertaining to the Act in proceedings covered by these rules. The Secretary...


shall identify the applicant and the proceeding for which an award is sought. Unless the applicant is an individual, the application shall state the number of employees of...


association, must provide with its application a detailed exhibit showing the net worth of the applicant and any affiliates (as defined in Sec. 1.184 of this part)...


documentation of the fees and expenses, including the cost of any study, analysis, engineering report, test, project, or similar matter, for which an award is sought. ...


prevailed in the proceeding or in a significant and discrete substantive portion of the proceeding, but in no case later than 30 days after final disposition of the proceeding...


related to an application shall be filed and served on all parties to the proceeding in the same manner as other pleadings in the proceeding except as provided in Sec....


file an answer. If agency counsel fails to timely answer or settle the application, the adjudicative officer, upon a satisfactory showing of entitlement by the...


the reply is based on any alleged facts not already in the record of the proceeding, the applicant shall include with the reply either supporting affidavits or a request for...


counsel may file comments on an application within 30 days after it is served or on an answer within 15 days after it is served. A commenting party may not participate...


award before final action on the application, either in connection with a settlement of the underlying proceeding, or after the underlying proceeding has been concluded. If...


basis of the written record. However, on request of either the applicant or agency counsel, or on his or her own initiative, the adjudicative officer may order further...


on the application as expeditiously as possible after completion of proceedings on the application. Whenever possible, the decision shall be made by the...


this part either the applicant or agency counsel may seek review of the initial decision on the fee application, in accordance with the provisions of Sec. Sec....


[Code of Federal Regulations] [Title 7, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1.202] [Page 68] TITLE 7--AGRICULTURE PART 1_ADMINISTRATIVE REGULATIONS--Table of Contents Subpart J_Procedures Relating to Awards Under the Equal Access to Justice Act in Proceedings Before the Department Sec. 1.202 Judicial review. Judicial review of final agency decisions on awards may be sought as provided in 5 U.S.C. 504(c)(2). ...


the agency administering the statute involved in the proceeding a copy of the final decision of the Department granting the award, accompanied by a statement that the...


forth procedures governing the appearance of USDA employees as witnesses in order to testify or produce official documents in judicial or administrative proceedings when...


or local agency and undertaken for the purpose of the issuance of any regulations, orders, licenses, permits, or other rulings, or the adjudication of any matter, dispute,...


[Code of Federal Regulations] [Title 7, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1.212] [Page 68] TITLE 7--AGRICULTURE PART 1_ADMINISTRATIVE REGULATIONS--Table of Contents Subpart K_Appearance of USDA Employees as Witnesses in Judicial or Administrative Proceedings Sec. 1.212 General. No USDA employee may provide testimony or produce documents in a judicial or administrative proceeding unless authorized in accordance with this subpart. ...


behalf of the United States in any judicial or administrative proceeding without the issuance of a summons, subpoena, or other compulsory process. Employees should...


a party. (a) An employee of USDA served with a valid summons, subpoena, or other compulsory process demanding his or her appearance, or otherwise requested to appear...


is not a party. (a) Subpoenas duces tecum for USDA records in judicial or administrative proceedings in which the United States is not a party shall be deemed to...


as a witness in order to testify or produce official documents on behalf of the United States is entitled to travel expenses in connection with such appearance...


[Code of Federal Regulations] [Title 7, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1.218] [Page 71] TITLE 7--AGRICULTURE PART 1_ADMINISTRATIVE REGULATIONS--Table of Contents Subpart K_Appearance of USDA Employees as Witnesses in Judicial or Administrative Proceedings Sec. 1.218 Penalty. An employee who testifies or produces records in a judicial or administrative proceeding in violation of the provisions of this regulation shall be subject to disciplinary action. ...


of a USDA agency may delegate his or her responsibilities under this subpart, including the requirement to be notified of the receipt of a subpoena as provided in Sec. Sec....


7, 1991, correctly designated at 57 FR 3909, Feb. 3, 1992, unless otherwise noted. (a) Basis. This subpart implements the Program Fraud Civil Remedies Act...


(b) Agency Fraud Claims Officer--(AFCO) means an officer or employee of an agency who is designated by the head of that agency to receive the reports of the investigating...


of this section, any person who makes a claim that the person knows or has reason to know-- (i) Is false, fictitious, or fraudulent; (ii) Includes or is...


liable under Sec. 1.303 of this part. (b) If an investigating official concludes that a subpoena pursuant to the authority conferred by 31 U.S.C. 3804(a) is warranted,...


reviewing official may refer the report to the appropriate agency fraud claims officer (AFCO) for a recommendation with respect to the determination required under...


Sec. 1.307 of this part only if: (a) The Attorney General or an Assistant Attorney General designated by the Attorney General approves the issuance of a complaint in...


a complaint in accordance with 31 U.S.C. 3803(b)(1), the reviewing official may serve a complaint on the respondent, as provided in Sec. 1.308 of this part. (b) The...


be made by certified or registered mail or by delivery in any manner authorized by Rule 4(d) of the Federal Rules of Civil Procedure. (b) Proof of service, stating...


service of the complaint, the respondent may file an answer with the reviewing official. (b) In the answer, the respondent-- (1) Shall admit or deny each of...


time prescribed in Sec. 1.309(a) of this part, the reviewing official may refer the complaint together with proof of service to the ALJ and request that the ALJ issue...


[Code of Federal Regulations] [Title 7, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1.311] [Page 76-77] TITLE 7--AGRICULTURE PART 1_ADMINISTRATIVE REGULATIONS--Table of Contents Subpart L_Procedures Related to Administrative Hearings Under the Program Fraud Civil Remedies Act of 1986 Sec. 1.311 Referral of complaint and answer to the ALJ. Upon receipt of an answer, the reviewing official shall send to the ALJ [[Page 77]] copies of the complaint, proof of service, and the answer. ...


the reviewing official within the time period prescribed in Sec. 1.309(a) of this part but does not request a hearing, the ALJ, upon receipt of the complaint, proof...


complaint, proof of service, and an answer requesting a hearing, the ALJ shall promptly serve, in accordance with Sec. 1.308 of this part, a notice of hearing on all...


proceeding shall be brought in the name of the Secretary. (b) Pursuant to 31 U.S.C. 3730(c)(5), a private party plaintiff under the False Claims Act may participate...


any employee or agent of the USDA who takes part in investigating, preparing, or presenting a particular case may, in such case or in a factually related case-- ...


authorized by law, the ALJ shall not consult or be consulted by any person or party (except employees of the ALJ's office) on any matter in issue, unless on notice and...


case may disqualify himself or herself at any time. (b) A party may file with the ALJ a motion for disqualification of a reviewing official or an ALJ....


a representative; (b) Participate in any prehearing or post-hearing conference held by the ALJ; (c) Agree to stipulations of fact or law, which shall be made part...


order, and assure that a record of the proceedings is made. (b) The ALJ may: (1) Set and change the date, time, and place of the hearing upon reasonable...


in advance of the hearing and may schedule additional prehearing conferences as appropriate. (b) The ALJ may conduct any prehearing conference in person or...


review any relevant and material documents, transcripts, records, and other materials that relate to the allegations set out in the complaint and upon which the findings...


production, inspection and photocopying of documents; (2) Requests for admission of the authenticity of any relevant document or the truth of any relevant fact; ...


at the hearing of any individual may request that the ALJ issue a subpoena. (b) A subpoena requiring the attendance and testimony of an individual may also require...


witness subpoenaed in the amounts that would be payable to a witness in a proceeding in United States District Court. A check for witness fees and mileage shall accompany the...


a proceeding conducted under this subpart shall be filed with the ALJ assigned to the case. (2) Every pleading and paper filed in the proceeding shall contain a...


thereunder, the time begins with the day following the act, event, or default, and includes the last day of the period, unless it is a Saturday, Sunday, or legal...


the facts alleged, and shall be filed with the ALJ and served on all other parties. (b) Except for motions made during a prehearing conference or at the hearing, all...


(1) Failing to comply with a lawful order, subpoena, or procedure; (2) Failing to prosecute or defend an action; or (3) Engaging in other misconduct that...


determine whether the respondent is liable for a civil penalty or assessment under Sec. 1.303 of this part, and if so, the appropriate amount of any such civil penalty...


the United States in which the respondent resides or transacts business; (2) In any judicial district of the United States in which the claim or statement in issue was...


hearing shall be given orally by witnesses under oath or affirmation. (b) At the discretion of the ALJ, testimony may be admitted in the form of a written statement...


provided herein, the Federal Rules of Evidence are not applicable to the hearing, except that the ALJ may in his discretion apply the Federal Rules of Evidence in order to...


the reporter by anyone at a cost not to exceed the actual cost of duplication. (b) The transcript of testimony, exhibits and other evidence admitted at the hearing,...


any party may file a post-hearing brief. The ALJ shall fix the time for filing such briefs, not to exceed 60 days from the date the parties receive the transcript of...


of civil penalties and assessments, the ALJ and the judicial officer, upon appeal, should evaluate any circumstances that mitigate or aggravate the violation and...


of fact, conclusions of law, and the amount of any penalties and assessments imposed. (b) The findings of fact shall include a finding on each of the...


any party may file a [[Page 85]] motion for reconsideration of the initial decision within 20 days of receipt of the initial decision. If service was made...


is determined in an initial decision to be liable for a civil penalty or assessment may appeal such decision to the Secretary by filing a notice of appeal with the...


Assistant Attorney General designated by the Attorney General transmits to the Secretary a written finding that continuation of the administrative process described in this...


reconsideration or of an appeal to the judicial officer. (b) The respondent may file with the ALJ a request for stay of the effective date of a decision of the...


an appropriate United States District Court of a final decision of the judicial officer imposing penalties or assessments under this part and specifies the procedures for...


Code, authorize actions for collection of civil penalties and assessments imposed under this subpart and specify the procedures for...


or for which a judgment has been entered under Sec. 1.341 or Sec. 1.342 of this part, or any amount agreed upon in a settlement under Sec. 1.345 of this part, may...


[Code of Federal Regulations] [Title 7, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1.344] [Page 86] TITLE 7--AGRICULTURE PART 1_ADMINISTRATIVE REGULATIONS--Table of Contents Subpart L_Procedures Related to Administrative Hearings Under the Program Fraud Civil Remedies Act of 1986 Sec. 1.344 Deposit to Treasury of the United States. All amounts collected pursuant to this subpart shall be deposited as miscellaneous receipts in the Treasury of the United States. ...


(b) The reviewing official has the exclusive authority to compromise or settle a case under this subpart at any time after the date on which...


claim or statement must be served in the manner specified in Sec. 1.308 of this part within 6 years after the date on which such claim or statement...


seq.) Sec. 1.410 Meaning of words. Authority: 5 U.S.C. 556 and 16 U.S.C. 620 et seq. Source: 59 FR 8824, Feb. 24, 1994, unless...


seq.) Sec. 1.411 Definitions. As used in these procedures, the terms as defined in the Forest Resources Conservation and Shortage Relief Act of 1990,...


seq.) Sec. 1.412 Institution of proceedings. (a) Sourcing area applications. The proceeding for determining sourcing areas shall be instituted by receipt of...


seq.) Sec. 1.413 Submission of a sourcing area application. A sourcing area applicant shall send the application to the Office of Administrative Law...


seq.) Sec. 1.414 Docket number. Each proceeding, following its institution, shall be assigned a docket number by the Hearing Clerk, and thereafter...


seq.) Sec. 1.415 Notification of proceedings. The Regional Forester of the region in which the manufacturing facility being sourced is located shall...


seq.) Sec. 1.416 Comment period. Written comments on a sourcing area application or on a formal review of a sourcing area shall include the docket number...


seq.) Sec. 1.417 Review period. (a) Review of comments. The sourcing area applicant, the sourcing area holder whose sourcing area is the subject of a...


seq.) Sec. 1.418 Procedure upon no request for hearing. If no hearing is requested by a party of record, the Judge shall issue an initial decision based on...


seq.) Sec. 1.419 Amendment of a sourcing area application. The sourcing area applicant may move to amend the sourcing area application with clarifying...


seq.) Sec. 1.420 Consent recommendation. Any time before the Judge files the decision, the parties of record may enter a consent recommendation....


seq.) Sec. 1.421 Prehearing conferences and procedures. (a) Purpose and scope. (1) Upon motion of a party of record or upon the Judge's own motion, the...


seq.) Sec. 1.422 Conduct of the hearing. (a) Time and place. The hearing shall be held at the time and place fixed in the notice of hearing. If any...


seq.) Sec. 1.423 Post-hearing procedure. (a) Corrections to transcript. (1) Within the period of time fixed by the Judge, any party may file a motion...


seq.) Sec. 1.424 Motions and requests. (a) General. All motions and requests shall be filed with the Hearing Clerk, and served upon all the parties...


seq.) Sec. 1.425 Judges. (a) Assignment. No Judge shall be assigned to serve in any proceeding who: (1) Has any pecuniary interest in any matter...


seq.) Sec. 1.426 Appeal to Judicial Officer. (a) Filing of petition. Within 10 calendar days after receiving service of the Judge's decision, a party...


seq.) Sec. 1.427 Filing; identification of parties of record; service; and computation of time. (a) Filing; number of copies. Except as otherwise...


seq.) Sec. 1.428 Depositions. (a) Motion for taking deposition. Upon the motion of a party to the proceeding, the Judge may, at any time after the filing...


seq.) Sec. 1.429 Ex parte communications. (a) At no stage of the proceeding between its institution and issuance of the final decision shall an employee of...


(b) Execution of warrants for arrests, searches of premises and seizures of evidence; and (c) The carrying of firearms by designated officials of the Office of...


the authority provided in section 6, or described in section 9, of the Inspector General Act of 1978 (5 U.S.C. App.), is authorized to-- (a) Make an arrest without...


felony criminal violations of statutes administered by the Secretary of Agriculture or any agency of the Department of Agriculture may exercise the authorities listed in...


[Code of Federal Regulations] [Title 7, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1a.4] [Page 98] TITLE 7--AGRICULTURE PART 1a_LAW ENFORCEMENT AUTHORITIES--Table of Contents Sec. 1a.4 Limitations. The powers granted by Sec. Sec. 1a.2(a) and 1a.2(b) shall be exercised only when a designated official is engaged in an investigation of alleged or suspected felony violations of statutes administered by the Secretary of Agriculture or any agency of the Department. [50 FR 13759, Apr. 8, 1985] ...


and procedures by which the authorities will be exercised by designated officials of the Office of Inspector General; (b) Establish criteria for qualification by...


1500 through 1508. This part incorporates and adopts those regulations. (b) This part sets forth Departmental policy concerning NEPA, establishes categorical exclusions...


of the environment for present and future generations. (b) Each USDA agency is responsible for compliance with this part, the regulations of CEQ, and...


environmental assessment (EA's) or environmental impact statement (EIS's), unless individual agency procedures prescribed otherwise. (1) Policy development,...


The USDA agencies and agency units listed in paragraph (b) of this section are excluded from the requirements of preparing procedures to implement NEPA. Actions of...


federal department or agency which takes appropriate administrative action to make the policy applicable to such research. This includes research conducted by federal...


any public or private entity or agency (including federal, state, and other agencies). (c) Legally authorized representative means an individual or judicial or...


a federal department or agency shall provide written assurance satisfactory to the department or agency head that it will comply with the requirements set forth in...


through the experience and expertise of its members, and the diversity of the members, including consideration of race, gender, and cultural backgrounds...


Sec. 1c.103(b)(5). (b) Except when an expedited review procedure is used (see Sec. 1c.110), review proposed research at convened meetings at which a majority of the...


that information given to subjects as part of informed consent is in accordance with Sec. 1c.116. The IRB may require that information, in addition to that...


By using procedures which are consistent with sound research design and which do not unnecessarily expose subjects to risk, and (ii) whenever appropriate, by using...


[Code of Federal Regulations] [Title 7, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1c.112] [Page 107] TITLE 7--AGRICULTURE PART 1c_PROTECTION OF HUMAN SUBJECTS--Table of Contents Sec. 1c.112 Review by institution. Research covered by this policy that has been approved by an IRB may be subject to further appropriate review and approval or disapproval by officials of the institution. However, those officials may not approve the research if it has not been approved by an IRB. ...


with unexpected serious harm to subjects. Any suspension or termination of approval shall include a statement of the reasons for the IRB's action and shall be...


safeguarding the rights and welfare of human subjects and for complying with this policy. With the approval of the department or agency head, an institution participating in...


evaluations, if any, that accompany the proposals, approved sample consent documents, progress reports submitted by investigators, and reports of injuries...


legally effective informed consent of the subject or the subject's legally authorized representative. An investigator shall seek such consent only under circumstances...


the subject's legally authorized representative. A copy shall be given to the person signing the form. (b) Except as provided in paragraph (c) of this section, the...


that subjects may be involved within the period of support, but definite plans would not normally be set forth in the application or proposal. These include activities...


the research, the research shall first be reviewed and approved by an IRB, as provided in this policy, a certification submitted, by the institution, to the department or agency,...


[Code of Federal Regulations] [Title 7, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1c.122] [Page 110] TITLE 7--AGRICULTURE PART 1c_PROTECTION OF HUMAN SUBJECTS--Table of Contents Sec. 1c.122 Use of Federal funds. Federal funds administered by a department or agency may not be expended for research involving human subjects unless the requirements of this policy have been satisfied. ...


prescribed in applicable program requirements, when the department or agency head finds an institution has materially failed to comply with the terms of this policy. ...


[Code of Federal Regulations] [Title 7, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1c.124] [Page 111] TITLE 7--AGRICULTURE PART 1c_PROTECTION OF HUMAN SUBJECTS--Table of Contents Sec. 1c.124 Conditions. With respect to any research project or any class of research projects the department or agency head may impose additional conditions prior to or at the time of approval when in the judgment of the department or agency head additional conditions are necessary for the protection of human subjects. ...


and by the Act of February 9, 1889, it was made an executive department in the Federal Government under the supervision and control of the Secretary of Agriculture (7...


governing the work of the Department is based on 5 U.S.C. 301 which provides that the head of an Executive department may prescribe regulations...


of his authority is based on: (1) Section 4(a) of Reorganization Plan No. 2 of 1953 (5 U.S.C. App.), which provides that the Secretary of Agriculture may from time...


is assisted by the following general officers: the Deputy Secretary, the Under Secretary for Farm and Foreign Agricultural Services; the Under Secretary for Rural Economic...


CFR, 1977 Comp., p. 79, in the case of the absence, sickness, resignation, or death of both the Secretary and the Deputy Secretary, the officials designated in paragraphs...


Unless specifically reserved, or otherwise delegated, the delegations of authority to each general officer of the Department and each agency head contained in this...


that the United States flag be flown at half-staff. Pursuant to section 5 of Proclamation 3044, 3 CFR, 1954-1958 Comp., p. 4, each general officer and agency head...


[Code of Federal Regulations] [Title 7, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR2.9] [Page 114] TITLE 7--AGRICULTURE PART 2_DELEGATIONS OF AUTHORITY BY THE SECRETARY OF AGRICULTURE AND GENERAL OFFICERS OF THE DEPARTMENT--Table of Contents Subpart B_General Delegations of Authority by the Secretary of Agriculture Sec. 2.9 Additional delegations. The authority granted to a general officer may be exercised in the discharge of any additional functions which the Secretary may assign. ...


in this part shall not be construed to confer upon any general officer or agency head the authority of the Secretary to prescribe regulations which by law require approval of...


In the exercise of authority delegated by the Secretary, the application of new principles of major importance or a departure from principles established by the Secretary should...


exercising delegated powers. No delegation of authority by the Secretary or a general officer contained in this part shall preclude the Secretary or general...


in this part shall affect the bylaws of the Commodity Credit Corporation, the Federal Crop Insurance Corporation, or the Rural Telephone Bank. All delegations previously made...


Editorial Note: Nomenclature changes to subpart C appear at 60 FR 66713, Dec. 26, 1995. The following delegation of authority is made by the Secretary of...




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