Title 7--AGRICULTURE
Chapter


programs. Determining the primary purpose for which applicable payments are made is one step toward the exclusion of all or part of the payments from gross income for...


not listed in paragraphs (a)(1) through (10) of this section, are not considered eligible for exclusion from gross income under this part. (1) The rural clean...


[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: 7CFR14.3] [Page 353] TITLE 7--AGRICULTURE PART 14_DETERMINING THE PRIMARY PURPOSE OF CERTAIN PAYMENTS FOR FEDERAL TAX PURPOSES--Table of Contents Sec. 14.3 Objective. The objective of the determinations made under part 14 is to provide maximum conservation, environmental, forestry improvement, and wildlife benefits to the general public from the operation of applicable programs. ...


liability on applicable payments should be reduced or eliminated to the extent that the payments yield conservation, environmental, forestry improvement, or wildlife...


(1) Is determined to be made primarily for the purpose of conserving soil and water resources, protecting or restoring the environment, improving forests, or providing wildlife...


be made primarily for the purpose of soil conservation if they are intended to finance activities, measures, or practices to reduce soil deterioration. (2)...


of any State or possession of the United States, the District of Columbia, or a combination of any of the foregoing. (b) Applicability. Payments received...


29 FR 16274, Dec. 4, 1964; 29 FR 16966, Dec. 11, 1964, unless otherwise noted. (a) The purpose of the regulations in this part is to effectuate the provisions...


Department of Agriculture, and includes each of its operating agencies and other organizational units. (b) Agency means any service, bureau, agency, office,...


No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected...


Every application for Federal financial assistance to which these regulations apply, except an application to which paragraph (b) of this section applies, and every application...


Each Agency shall to the fullest extent practicable seek the cooperation of recipients in obtaining compliance with the regulations and this part and shall...


or any specific class of individuals to be subjected to discrimination prohibited by the regulations in this part may by himself/herself or by an...


No recipient or other person shall intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured...


(a) General. If there appears to be a failure or threatened failure to comply with the regulations in this part, and if the noncompliance or threatened noncompliance cannot...


Whenever an opportunity for a hearing is required under the regulations in this part, reasonable notice shall be given by registered or certified mail, return receipt...


by hearing officer or Secretary. (1) The hearing officer shall either make an initial decision, if so authorized, or certify the entire record including his recommended...


[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: 7CFR15.11] [Page 368] TITLE 7--AGRICULTURE PART 15_NONDISCRIMINATION--Table of Contents Subpart A_Nondiscrimination in Federally-Assisted Programs of the Department of Agriculture_Effectuation of Title VI of the Civil Rights Act of 1964 Sec. 15.11 Judicial review. Action taken pursuant to section 602 of the Act is subject to judicial review as provided in section 603 of the Act. ...


[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: 7CFR15.11] [Page 368] TITLE 7--AGRICULTURE PART 15_NONDISCRIMINATION--Table of Contents Subpart A_Nondiscrimination in Federally-Assisted Programs of the Department of Agriculture_Effectuation of Title VI of the Civil Rights Act of 1964 Sec. 15.11 Judicial review. Action taken pursuant to section 602 of the Act is subject to judicial review as provided in section 603 of the Act. ...
...


A to 7 CFR, part 15, and laws referred to in the appendix to subpart A, part 15, title 7 CFR. Source: 30 FR 14355, Nov. 17, 1965, unless otherwise noted. ...


[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: 7CFR15.61] [Page 373] TITLE 7--AGRICULTURE PART 15_NONDISCRIMINATION--Table of Contents Subpart C_Rules of Practice and Procedure for Hearings, Decisions and Administrative Review Under the Civil Rights Act of 1964 Sec. 15.61 Records to be public. All documents and papers filed in any proceeding under this part may be inspected and copied in the Office of the Department Hearing Clerk. ...


[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: 7CFR15.62] [Page 373] TITLE 7--AGRICULTURE PART 15_NONDISCRIMINATION--Table of Contents Subpart C_Rules of Practice and Procedure for Hearings, Decisions and Administrative Review Under the Civil Rights Act of 1964 Sec. 15.62 Definitions. All terms used in this subpart shall, unless the context otherwise requires, have the same meaning as defined in subpart A of this part. ...


includes the last day of the period, unless it is a Saturday, Sunday, or legal holiday observed in the District of Columbia, in which case it shall be the following workday....


the agency has issued a notice of hearing or opportunity to request a hearing in accordance with subpart A of this part and Sec. 15.81. The agency shall be deemed a party to...


[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: 7CFR15.65] [Page 373] TITLE 7--AGRICULTURE PART 15_NONDISCRIMINATION--Table of Contents Subpart C_Rules of Practice and Procedure for Hearings, Decisions and Administrative Review Under the Civil Rights Act of 1964 Sec. 15.65 Appearance. Any party may appear in person or by counsel or authorized representative and participate fully in any proceeding. ...


[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: 7CFR15.66] [Page 373] TITLE 7--AGRICULTURE PART 15_NONDISCRIMINATION--Table of Contents Subpart C_Rules of Practice and Procedure for Hearings, Decisions and Administrative Review Under the Civil Rights Act of 1964 Sec. 15.66 Complainants not parties. A person submitting a complaint pursuant to Sec. 15.6 is not a party to the proceedings governed by this subpart, but may petition, after proceedings have been commenced, to become an intervener. ...


will include a statement of position and a statement of what petitioner expects to contribute to the hearing, and a copy of the petition will [[Page...


discussion ex parte, as regards the merits of the proceeding or a factually related proceeding, between an employee of the Department involved in the decisional...


signed in ink, shall show the address and position or title of the signatory, and shall show the docket number and title of the proceeding on the...


an original and two copies of such document with the Office of the Hearing Clerk at Room 112, Administration Building, Department of Agriculture, Washington, D.C., 20250,...


to each person to be served or by mailing by first-class mail, or air mail if more than 300 miles, properly addressed with postage prepaid. When a party or intervener has appeared...


the U.S. mail or is delivered in person, except that the date of service of the initial notice a hearing or notice of opportunity to request a hearing or notice setting a...


recipient of alleged noncompliance with the Act and the Secretary's regulations thereunder. The notice will be signed by the interested agency head or by the Secretary...


30 days from the date of service of the notice of a hearing on matters alleged in the notice. If the applicant or recipient does not desire a hearing, he should so state...


request a hearing shall set a date not less than 20 days from service of said notice within which the applicant or recipient may file a request for a hearing, or may wiave...


file an answer. Said answer shall admit or deny each allegation of the notice, unless the applicant or recipient is without knowledge, in which case the answer shall so...


hearing may be amended once as a matter of course before an answer thereto is served, and each applicant or recipient may amend his answer once as a matter of course not...


against different respondents in which the same or related facts are asserted to constitute noncompliance, may be consolidated for hearing or decision or both by the agency...


hearing officer shall be a hearing examiner qualified under section 11 of the Administrative Procedure Act (5 U.S.C. 1001 et seq.), and designated to hold hearings under...


the time the notice of alleged noncompliance provided in Sec. 15.81 is filed with the Office of the Hearing Clerk, the hearing shall be held before a hearing examiner, who...


time and place of hearing shall be fixed by the Secretary, and when the applicant or recipient requests a hearing, the time and place shall be set by the hearing officer...


the designated hearing officer, another hearing officer may be designated by the Secretary to take his place. If such death, illness, disqualification...


to conduct a fair hearing, to take all necessary action to avoid delay, and to maintain order. He shall have all powers necessary to these ends, including (but not limited...


upon. If made before or after the hearing, the motion shall be in writing and filed with the hearing clerk with a copy to all parties. If made at the hearing, they...


officer, or Secretary, if the motion is properly addressed to him, any party may file a response to the motion, unless the motion is made at a hearing in which case...


expiration of the time for filing responses thereto, but may overrule or deny such motion without waiting on a response: Provided, however, That prehearing conferences,...


the proceeding, the hearing officer may, prior to the commencement of the hearing, request the parties to meet with him or to correspond with him regarding any of...


expert opinion testimony related to the issues in the proceeding. Argument will not be received in evidence; rather it should be presented in statements, memoranda or briefs,...


[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: 7CFR15.112] [Page 378] TITLE 7--AGRICULTURE PART 15_NONDISCRIMINATION--Table of Contents Subpart C_Rules of Practice and Procedure for Hearings, Decisions and Administrative Review Under the Civil Rights Act of 1964 Sec. 15.112 Statement of position and brief. The hearing officer may require all parties and any intervener to file a written statement of position or brief prior to the beginning of a hearing. ...


the hearing, but the hearing officer, in his discretion, may require or permit that the testimony of any witness be prepared in writing and served on all parties in advance...


the affiant, will be filed and served on the parties at least 15 days prior to the hearing; and not less than seven days prior to hearing a party may file and serve...


[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: 7CFR15.116] [Page 378] TITLE 7--AGRICULTURE PART 15_NONDISCRIMINATION--Table of Contents Subpart C_Rules of Practice and Procedure for Hearings, Decisions and Administrative Review Under the Civil Rights Act of 1964 Sec. 15.116 Depositions. Upon such terms as may be just, the hearing officer, in his discretion, may authorize the testimony of any witness to be taken by deposition. ...


excluded, and technical rules of evidence shall not apply but rules or principles designed to assure the most credible evidence available and to subject testimony to test...


[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: 7CFR15.118] [Page 378] TITLE 7--AGRICULTURE PART 15_NONDISCRIMINATION--Table of Contents Subpart C_Rules of Practice and Procedure for Hearings, Decisions and Administrative Review Under the Civil Rights Act of 1964 Sec. 15.118 Cross-examination. Cross-examination will be limited to the scope of direct examination and matters at issue in the hearing. ...


[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: 7CFR15.119] [Page 378] TITLE 7--AGRICULTURE PART 15_NONDISCRIMINATION--Table of Contents Subpart C_Rules of Practice and Procedure for Hearings, Decisions and Administrative Review Under the Civil Rights Act of 1964 Sec. 15.119 Objections. Objections to evidence shall be timely and briefly state the ground relied upon. The ruling of the hearing officer will be part of the record. Argument in support of the objection will not be part of the record. ...


hearing officer are unnecessary. It is sufficient that a party, at the time the ruling of the hearing officer is sought, makes known the action which he desires the hearing...


or published scientific or economic statistical data issued by any branch of the Federal or a State Government which has been shown to be reasonably available to...


of the hearing officer rejecting or excluding proposed oral testimony shall consist of a statement for the record of the substance of the evidence which counsel contends...


to the Secretary prior to consideration of the entire proceeding by the hearing officer except with the consent of the hearing officer and where he certifies on the record...


of the hearing except for good cause shown, or prior to such earlier date as the hearing officer may order, any party may serve upon an opposing party a written request for...


The official transcript of testimony taken, together with any affidavits, exhibits, depositions, briefs, or memoranda of law shall be filed with the hearing...


memoranda of law, and all pleadings, [[Page 380]] motions, papers, and requests filed in the proceeding, except the correspondence section of the...


which may contain proposed findings of fact and conclusions of law, and, if permitted, reply briefs. Briefs should include a summary of the evidence relied...


hearing officer shall either make an initial decision or final decision, if so authorized, or certify the entire record including his recommended findings and proposed...


of initial or recommended findings and proposed decision, the applicant or recipient and other parties may file with the hearing clerk for consideration by the...


may on his own motion within 45 days after an initial decision serve upon the parties a notice that he will review the decision and will give the parties...


recommended findings and proposed decision, or an initial decision, he shall so state at the time he files his exceptions or brief. The Secretary may grant such request 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: 7CFR15.140] [Page 380] TITLE 7--AGRICULTURE PART 15_NONDISCRIMINATION--Table of Contents Subpart C_Rules of Practice and Procedure for Hearings, Decisions and Administrative Review Under the Civil Rights Act of 1964 Sec. 15.140 Service of decisions. All final decisions shall be promptly served on all parties and the complainant. ...


each finding, conclusion, or exception presented, and shall identify the requirement or requirements imposed by or pursuant to the regulations in this part with which it is...


or refusal to grant or continue Federal financial assistance, in whole or in part, under the program involved, and may contain such terms, conditions, and other provisions as...


provides for the suspension or termination of, or the refusal to grant or continue Federal financial assistance, or the imposition of any other sanction available...


of 1972, as amended by Public Law 93-568, 88 Stat. 1855 and Public Law 94-482, 90 Stat. 2234 (except sections 904 and 906 of those Amendments) which is designed...


of 1972, Public Law 92-318, as amended by section 3 of Public Law 93-568, 88 Stat. 1855 and section 412 of Public Law 94-482, 90 Stat. 2234 (except sections 904 and...


a recipient has discriminated against persons on the basis of sex in an education program or activity, such recipient shall take such remedial action as the Secretary...


program or activity shall as condition of its approval contain or be accompanied by an assurance from the applicant or recipient, satisfactory to the Secretary, that...


this part are independent of, and do not alter, obligations not to discriminate on the basis of sex imposed by Executive Order 11246, as amended; title VII of the Civil Rights...


employment opportunities in any occupation or profession are or may be more limited for members of one sex than for members of the...


employee. Each recipient shall designate at least one employee to coordinate its efforts to comply with and carry out its responsibilities under this part, including...


continuing steps to notify applicants for admission and employment, students and parents of elementary and secondary school students, employees, sources of referral...


[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: 7CFR15a.11] [Page 386] TITLE 7--AGRICULTURE PART 15a_EDUCATION PROGRAMS OR ACTIVITIES RECEIVING OR BENEFITTING FROM FEDERAL FINANCIAL ASSISTANCE--Table of Contents Subpart B_Coverage Sec. 15a.11 Application. Except as provided in this subpart, this part 15a applies to every recipient and to each education program or activity operated by such recipient which receives or benefits from Federal financial assistance. ...


to an educational institution which is controlled by a religious organization to the extent application of this part would not be consistent with the religious tenets of...


[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: 7CFR15a.13] [Page 386] TITLE 7--AGRICULTURE PART 15a_EDUCATION PROGRAMS OR ACTIVITIES RECEIVING OR BENEFITTING FROM FEDERAL FINANCIAL ASSISTANCE--Table of Contents Subpart B_Coverage Sec. 15a.13 Military and merchant marine educational institution. This part does not apply to an educational institution whose primary purpose is the training of individuals for a military service of the United States or for the merchant marines. ...


not apply to the membership sororities which are exempt from taxation under section 501(a) of the Internal Revenue Code of 1954, the active membership of which consists...


the American Legion undertaken in connection with the organization or operation of any Girls State Conference, Girls Nation Conference, Boys State Conference, Boys...


this part. (b) Administratively separate units. For the purpose only of this section, Sec. Sec. 15a.17 and 15a.18, and subpart C, each administratively separate unit shall...


each educational institution to which subpart C applies which: (1) Admitted only students of one sex as regular students as of June 23, 1972; or (2) Admitted...


which is composed of more than one administratively separate unit may submit either a single transition plan applicable to all such units, or a separate transition plan applicable...


person shall, on the basis of sex, be denied admission, or be subjected to discrimination in admission, by any recipient to which this subpart applies, except as provided...


A recipient to which the subpart applies shall not give preference to applicants for admission, on the basis of attendance at any educational institution or other school or entity...


A recipient to which this subpart applies shall not discriminate on the basis of sex in the recruitment and admission of students. A recipient may be...


(a) General. Except as provided elsewhere in the part, no person shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or...


recipient shall not, on the basis of sex, apply different rules or [[Page 390]] regulations, impose different fees or requirements, or offer different...


A recipient may provide separate toilet, locker room, and shower facilities on the basis of sex, but such facilities provided for students of one sex shall be comparable to...


A recipient shall not provide any course or otherwise carry out any of its education program or activity separately on the basis of sex, or require or refuse participation...


L.E.A.s. A recipient which is a local educational agency shall not, on the basis of sex, exclude any person from admission to: (a) Any institution of vocational...


counseling materials. (a) Counseling. A recipient shall not discriminate against any person on the basis of sex in the counseling or guidance of students or applicants...


(a) General. Except as provided in paragraphs (b) and (c) of this section, in providing financial assistance to any of its students, a recipient shall not: (1) On the...


(a) Assistance by recipient in making available outside employment. A recipient which assists any agency, organization or person in making employment available to any...


In providing a medical, hospital, accident, or life insurance benefit, service, policy, or plan to any of its students, a recipient shall not discriminate on...


(a) Status generally. A recipient shall not apply any rule concerning a student's actual or potential parental, family, or marital status which treats students differently on...


No person shall, on the basis of sex, be excluded from participation in, be denied the benefits of, be treated differently from another person [[Page...


Nothing in this regulation shall be interpreted as requiring or prohibiting or abridging in any way the use of particular textbooks or...


(a) General. (1) No person shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination in employment,...


A recipient shall not administer or operate any test or other criterion for any employment opportunity which has a disproportionately adverse effect on persons on the basis of...


(a) Nondiscriminatory recruitment and hiring. A recipient shall not discriminate on the basis of sex in the recruitment and hiring of employees. Where a recipient has been found to...


A recipient shall not make or enforce any policy or practice which, on the basis of sex: (a) Makes distinctions in rates of pay or other compensation; (b) Results in...


A recipient shall not: [[Page 395]] (a) Classify a job as being for males or for females; (b) Maintain or establish separate lines...


(a) ``Fringe benefits'' defined. For purposes of this part, fringe benefits means: Any medical, hospital, accident, life insurance or retirement benefit, service, policy or plan,...


(a) General. A recipient shall not apply any policy or take any employment action: (1) Concerning the potential marital, parental, or family status of an employee...


or other requirements. (a) Prohibitory requirements. The obligation to comply with this subpart is not obviated or alleviated by the existence of any State or local...


A recipient shall not in any advertising related to employment indicate preference, limitation, specification, or discrimination based on sex unless sex is a bona-fide...


(a) Marital status. A recipient shall not make pre-employment inquiry as to the marital status of an applicant for employment, including whether such applicant is ``Miss...


A recipient may take action otherwise prohibited by this subpart provided it is shown that sex is a bona fide occupational qualification for that...


effective date and the final issuance by the Department of a consolidated procedural regulation applicable to title IX and other civil rights authorities administered by...


of 1973, as amended, to the end that no otherwise qualified handicapped individual in the United States shall solely by reason of his or her handicap be excluded...


financial assistance extended by the Department of Agriculture after the effective [[Page 398]] date of this part whether or not the assistance was...


the Rehabilitation Act of 1973, Public Law 93-112, 87 Stat. 390 (1973), as amended by the Rehabilitation Act Amendments of 1974, Public Law 93-651, 89 Stat. 2 (1974) and Public...


the basis of handicap, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity...


which this part applies shall submit an assurance, on a form specified by the Secretary, that the program or activity will be operated in compliance with this part....


(a) Designation of responsible employee. A recipient that employs fifteen or more persons shall designate at least one person to coordinate its efforts to comply with this part. ...


initial and continuing steps to notify participants, beneficiaries, applicants, and employees, including those with impaired vision or hearing, and unions or...


If the Secretary finds that a recipient has discriminated against persons on the basis of handicap in violation of section 504 or this part, the recipient shall take such...


(a) The obligation to comply with this part is not obviated or alleviated by the existence of any State or local law or other requirement that, on the basis of...


has designated a responsible official and established a grievance procedure, provided notice, completed a self- evaluation, or prepared a transition plan in the course...


Federal financial assistance provided by the Department of Agriculture after the effective date of this part. [47 FR 25470, June 11, 1982, as amended at 55 FR 52139,...


on the basis of handicapped, be subjected to discrimination in employment under any program or activity receiving assistance from this Department. (2) A recipient...


the known physical or mental limitations of an otherwise qualified handicapped applicant or employee unless the recipient can demonstrate that the accommodation would impose...


or other selection criterion that screens out or tends to screen out handicapped persons or any class of handicapped persons unless: (1) The recipient shows that the test...


section, a recipient may not conduct a preemployment medical examination or may not make preemployment inquiry of an applicant as to whether the applicant is a...


financial assistance provided by the Department of Agriculture after the effective date of this part. [47 FR 25470, June 11, 1982, as amended at 55 FR 52139, Dec....


are inaccessible to or unusuable by handicapped persons, be denied the benefits of, be excluded from participation in, or otherwise be subjected to...


or activity [[Page 406]] so that when each part is viewed in its entirety it is readily accessible to and usable by qualified handicapped persons....


by, on behalf of, or for the use of a recipient shall be designed and constructed in such manner that the facility or part of the facility is readily accessible to...


Except as otherwise noted, this subpart applies to public and private schools, elementary, secondary, adult, and extension education programs or activities that receive...


A recipient that operates a public elementary or secondary education program or activity shall annually: (a) Undertake to identify and locate every qualified...


(a) General. A recipient that operates a public elementary or secondary education program or activity shall provide a free appropriate public education to...


(a) Academic setting. A recipient to which this subpart applies shall educate, or shall provide for the education of each qualified handicapped person in its jurisdiction...


(a) Placement evaluation. A recipient that operates a public elementary or secondary education program or activity shall conduct an evaluation in accordance with...


A recipient that provides a public elementary or secondary education shall establish and implement, with respect to action regarding the identification, evaluation,...


(a) General. (1) Recipients to which this subpart applies shall provide nonacademic and extracurricular services and activities in such a manner as is necessary to...


(a) General. A recipient to which this subpart applies that provides extension education may not, on the basis of handicap, exclude qualified handicapped persons. A...


(a) A recipient that provides private elementary or secondary education may not, on the basis of handicap, exclude a qualified handicapped person if the person can, with...


programs or activities, including postsecondary vocational education programs and activities, that receive Federal financial assistance provided by the Department...


on the basis of handicap, be denied admission or be subjected to discrimination in admission or recruitment by a recipient to which this subpart applies. (b) Admissions....


the basis of handicap, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any academic, research,...


applies shall make such modifications to its academic requirements as are necessary to ensure that such requirements do not discriminate or have the effect of...


to its nonhandicapped students shall provide [[Page 414]] comparable, convenient, and accessible housing to handicapped students at the same cost as...


(1) In providing financial assistance to qualified handicapped persons, a recipient to which this subpart applies may not, (i) on the basis of handicap, provide...


education courses and athletics and similar aid, benefits, or services to any of its students, a recipient to which this subpart applies may not discriminate on the...


than those covered by subparts D and E, that receive Federal financial assistance provided by the Department of Agriculture after the effective date of this part. [47...


or more persons shall provide appropriate auxiliary aids to persons with impaired sensory, manual, or speaking skills, where necessary to afford such persons an...


concerning benefits or services or written material concerning waivers of rights or consent to treatment shall take such steps as are necessary to ensure that...


that operates or supervises a program or activity that provides aid, benefits, or services for persons who are institutionalized because of handicap shall ensure that...


meals, at no extra charge, to persons whose handicap restricts their diet. Recipients may require handicapped persons to provide medical certification that special meals...


shall, on the basis of handicap, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination in multi-family rental...


Act of 1964 apply to this part. These procedures are found in 7 CFR 15.5--15.11 and 15.60--15.143. Appendix A to Part 15b--List of Federal Financial Assistance ...


conducted by the Department, including such programs and activities in which the Department or any agency thereof makes available any benefit directly to persons under...


sex, age, national origin, marital status, familial status, sexual orientation, or disability, or because all of part of an individual's income is derived from...


[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: 7CFR15d.3] [Page 420] TITLE 7--AGRICULTURE PART 15d_NONDISCRIMINATION IN PROGRAMS OR ACTIVITIES CONDUCTED BY THE UNITED STATES DEPARTMENT OF AGRICULTURE--Table of Contents Sec. 15d.3 Compliance. The Director of the Office of Civil Rights shall evaluate each agency's efforts to comply with this part and shall make recommendations for improving such efforts. ...


this part may file on his or her own, or through an authorized representative, a written complaint alleging such discrimination. No particular form of complaint...


[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: 7CFR] [Page 421] TITLE 7--AGRICULTURE Sec. 15e.101 Purpose. The purpose of this part is to effectuate section 119 of the Rehabilitation, Comprehensive Services, and Developmental Disabilities Amendments of 1978, which amended section 504 of the Rehabilitation Act of 1973 to prohibit discrimination on the basis of handicap in programs or activities conducted by Executive agencies or the United States Postal Service. ...


[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: 7CFR] [Page 421] TITLE 7--AGRICULTURE Sec. 15e.102 Application. This part (Sec. Sec. 15e.101--15e.170) applies to all programs or activities conducted by the agency, except for programs or activities conducted outside the United States that do not involve individuals with handicaps in the United States. ...


speaking skills to have an equal opportunity to participate in, and enjoy the benefits of, programs or activities conducted by the agency. For example, auxiliary aids...


proceed to make the necessary modifications. (b) The agency shall provide an opportunity to interested persons, including individuals with handicaps or...


to them in such manner as the head of the agency finds necessary to apprise such persons of the protections against discrimination assured them by section 504 and...


(b)(1) The agency, in providing any aid, benefit, or service, may not, directly or through contractual, licensing, or other arrangements, on the basis of handicap-- ...


U.S.C. 791), as established by the Equal Employment Opportunity Commission in 29 CFR part 1614, shall apply to employment in federally conducted programs...


[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: 7CFR] [Page 424] TITLE 7--AGRICULTURE Sec. 15e.149 Program accessibility: Discrimination prohibited. Except as otherwise provided in Sec. 15e.150, no qualified individual with handicaps shall, because the agency's facilities are inaccessible to or unusable by individuals with handicaps, be denied the benefits of, be excluded from participation in, or otherwise be subjected to discrimination under any program or activity conducted by the agency. ...


require the agency to make each of its existing facilities accessible to and usable by individuals with handicaps; (2) In the case of historic preservation programs,...


The definitions, requirements, and standards of the Architectural Barriers Act (42 U.S.C. 4151-4157), as established in 41 CFR 101-19.600 to 101-19.607, apply to...


individual with handicaps an equal opportunity to participate in, and enjoy the benefits of, a program or activity conducted by the agency. (i) In determining what type...


section 504 with respect to employment according to the procedures established by the Equal Employment Opportunity Commission in 29 CFR part 1614 pursuant to section 501 of...


complainants and the procedures for the processing of certain nonemployment related complaints alleging discrimination by USDA that were filed with USDA prior to July 1, 1997,...


A person may use these procedures if he or she filed a nonemployment related discrimination complaint with USDA prior to July 1, 1997, that alleged discrimination by USDA at...


USDA to make a decision? To the maximum extent practicable, a final determination under these procedures will be issued within 180 days after you have filed...


office, or committee that the complainant alleges has discriminated against the complainant in the administration of a covered program. ALJ means an Administrative...


In order for USDA to consider your complaint under these procedures, a Section 741 Complaint Request must be docketed with the Docketing Clerk in the USDA OCR. ...


you must file a Section 741 Complaint Request, it should include a copy of your original complaint, a request in writing that USDA consider the complaint in accordance with...


is automatically docketed as set forth in Sec. 15f.5(a), and you already are represented by counsel of whom you have notified USDA, then this section does...


All Section 741 Complaint Requests docketed by the OCR Docketing Clerk will be referred to the Director for an informal review. The Director will determine if the...


is received? The Director will review each Section 741 Complaint Request. If the Director finds that your complaint is an eligible complaint, the Director will:...


I want to proceed directly to a hearing? If you do not want the Director to review your Section 741 Complaint Request, you may request a hearing following the...


must file a request for a hearing with the Docketing Clerk, citing the docket number assigned to your Section 741 Complaint Request. When the Docketing Clerk receives your...


hearing as part of the process for USDA to render a final determination on your eligible complaint. However, if at any time the ALJ determines that your complaint is not...


powers of the ALJ? The ALJ is responsible for conducting a hearing at your request on your Section 741 Complaint Request. He or she will have all powers prescribed in these rules...


request for a hearing, ALJ shall file with the Docketing Clerk a notice stating the time, place, and manner of the hearing. The ALJ will have due regard for the public...


a response to your hearing request by OCR. OCR will turn over its entire file on your complaint to the ALJ. OCR also will file a report with the ALJ stating its...


(a) At any time after the parties have been notified of your hearing request, you may file a request with the ALJ to make a determination based on the written record. With...


You may file a pre- [[Page 433]] hearing brief in support of your complaint. (b) Will there be a pre-hearing conference? The ALJ may hold a...


testimony of any person by deposition upon oral examination or written interrogatories before any officer authorized to administer oaths at the place of examination, for use...


In most cases, there will be no parties to a proceeding under these rules, other than the complainant, OCR, and, and if it so desires, the agency. However, if there...


[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: 7CFR15f.20] [Page 433] TITLE 7--AGRICULTURE PART 15f_ADJUDICATIONS UNDER SECTION 741--Table of Contents Subpart D_If I Request A Hearing, What Will Happen? How Will The Hearing Be Conducted? Sec. 15f.20 May I subpoena witnesses to the hearings? No. USDA has no statutory authority to subpoena witnesses to testify at the hearing. ...


the hearing? You may appear at the hearing in person or through your attorney. OCR or the agency will appear through a designated representative, which may include a USDA...


proposed findings of fact and conclusions of law, and if permitted, reply briefs. Briefs should include a summary of evidence relied upon together with references...


741 Complaint Request, the OCR report, the agency answer, the transcript of testimony, exhibits, affidavits, depositions, briefs, memoranda of law, and all...


(a) The ALJ will make a proposed determination orally at the close of a hearing, or in writing within 35 days. The ALJ may recommend dismissal of your complaint on the basis of a...


whole or in part, after a proceeding before an ALJ under the procedures in this subpart, you may be eligible for an award of attorneys fees as a prevailing party under...


your eligible complaint [[Page 436]] under these rules to seek judicial review in the United States Court of Federal Claims or a United States...


to give copies of what I file? A document, or other item, that must be ``filed'' under these rules is considered filed when postmarked or when it is received...


or the ALJ count the days? Unless otherwise specifically noted, a ``day'' refers to a calendar day and a document that must be filed by a certain date must either...


these rules? You may request that the ALJ extend a deadline in these rules, or afford you relief for missing a deadline, which he or she may do, consistent with...


title I of the Agricultural Trade Development and Assistance Act of 1954, as amended (hereinafter called ``the Act''). (b) Agricultural commodities agreements. (1) Under...


a corporation, ownership of the voting stock is the controlling criterion. A legal entity is considered to own or control a second legal entity if-- (1) The...


to be purchased and specifications, approximate quantity and maximum dollar amount authorized; (2) Contracting requirements; (3) The contracting period, during...


purchase of agricultural commodities under title I of the Act and arranging ocean transportation for such commodities. However, if an agent is used, the participant shall...


must be engaged in the business of selling agricultural commodities for export from the United States. The commodity supplier must maintain a bona fide business office in...


to be received. (a) Discounts. If a contract provides for one or more discounts (including but not limited to trade or quantity discounts and discounts for...


the contract is conditioned on approval by FAS (see Sec. 17.5(b)(1).) If the supplier fails to furnish a notice of sale within 3 working days after the date of sale, CCC...


in addition to or in lieu of those specified in this section. (2) The supplier of ocean transportation must be engaged in the business of furnishing...


by presenting to CCC the documents required by this section, the purchase authorization, and the IFB, unless such documents were previously submitted to CCC. Such...


failed to comply with any agreement or commitment made by the participant in connection with the transaction financed or with the applicable Agricultural...


suppliers to representatives of the importer or participant, if CCC finances any part of the ocean freight. Suppliers and agents shall permit authorized representatives...


means the Cooperative Extension Service of each Land-Grant University. (c) President means the President or chief executive of each Land- Grant University or...


provides equal opportunity in employment to each individual without regard to race, color, national origin, sex, or religion. (b) Applicability. The regulations in...


a positive continuing program to assure that employment is provided without discrimination. (b) Development. The President and the Secretary may consult with each other...


policy; (c) A positive affirmative action plan designed to assure equal opportunity in employment; (d) A procedure for identifying and eliminating...


if the complainant does not desire to follow the informal procedure. A complaint procedure shall contain the following minimum provisions for the processing of...


[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: 7CFR18.7] [Page 455] TITLE 7--AGRICULTURE PART 18_EQUAL EMPLOYMENT OPPORTUNITY IN THE STATE COOPERATIVE EXTENSION SERVICES--Table of Contents Sec. 18.7 Reports. Within 6 months of the program going into effect and thereafter at least annually, the President shall submit a summary report to the Secretary on implementation and operation of the program. The Secretary may request additional reports as he deems advisable. ...


concurs under Sec. 18.3, or fails to file an appropriate amendment in accordance with Sec. 18.3(d); (b) If after concurrence in the President's program the...


Service, or take other appropriate action provided by law. (b) The remedies available to the Secretary under this part, and remedies made available to any...


[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: 7CFR20.1] [Page 456] TITLE 7--AGRICULTURE PART 20_EXPORT SALES REPORTING REQUIREMENTS--Table of Contents Sec. 20.1 General. The regulations of this part 20 are issued under section 404 of the Agricultural Trade Act of 1978, as amended, to implement the export sales reporting requirements of section 602 of the Agricultural Trade Act of 1978, as amended. [56 FR 32951, July 18, 1991] ...


[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: 7CFR20.2] [Page 456] TITLE 7--AGRICULTURE PART 20_EXPORT SALES REPORTING REQUIREMENTS--Table of Contents Sec. 20.2 Administration. The regulations of this part will be administered by the Foreign Agricultural Service (FAS) under the general supervision of the Administrator, FAS. Information pertaining to these regulations may be obtained from the office specified in Sec. 20.10. [Amdt. 3, 45 FR 8562, Feb. 8, 1980] ...


[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: 7CFR20.3] [Page 456] TITLE 7--AGRICULTURE PART 20_EXPORT SALES REPORTING REQUIREMENTS--Table of Contents Sec. 20.3 Delegation of authority. Authority has been delegated to the Administrator to promulgate amendments and revisions to the regulations in this part. [Amdt. 3, 45 FR 8562, Feb. 8, 1980] ...


(a) Administrator. The Administrator, Foreign Agricultural Service, U.S. Department of Agriculture. (b) Buy-back contract. A transaction under which a reporting...


and, in addition, announcement of such change will be made through the press service. The unit of measure to be used in reporting the commodity, the beginning and...


than the time specified in paragraph (k) of this section, a report by marketing year on the applicable forms contained in appendix 2 (FAS-97, ``Report of Optional...


a weekly basis will be compiled and published in compilation form each week following the week of reporting. Information from daily reports filed by exporters will be...


[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: 7CFR20.8] [Page 462] TITLE 7--AGRICULTURE PART 20_EXPORT SALES REPORTING REQUIREMENTS--Table of Contents Sec. 20.8 Failure to report. Any person who knowingly fails to report export sales pursuant to the requirements of these regulations shall be fined not more than $25,000 or imprisoned not more than one year, or both. ...


contracts or other agreements with the foreign buyer or foreign seller pursuant to which any export has or will be made; bills of lading or delivery documents evidencing...


Service, Export Sales Reporting Division, U.S. Department of Agriculture, Washington, DC 20250. [Amdt. 4, 45 FR 8562, Feb. 8, 1980, as amended at 68...


be made by telephone no later than 3 p.m., E.s.t., on the next business day following the calendar day of the sale. (b) Additional information. The reporting exporter...




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