[Code of Federal Regulations]
[Title 7, Volume 4]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR283.17]

[Page 936-937]
 
                          TITLE 7--AGRICULTURE
 
    CHAPTER II--FOOD AND NUTRITION SERVICE, DEPARTMENT OF AGRICULTURE
 
PART 283--APPEALS OF QUALITY CONTROL (``QC'') CLAIMS--Table of Contents
 
           Subpart B--Appeals of QC Claims of $50,000 or More
 
Sec. 283.17  Post-hearing procedure.

    (a) Corrections to transcript. (1) At any time, but not later than 
the time fixed for filing proposed findings of fact, conclusions of law, 
order and briefs, any party may file a motion proposing corrections to 
the transcript.
    (2) Unless a party files such a motion in the matter prescribed, the 
transcript shall be presumed to be a true, correct, and complete 
transcript of the testimony given at the hearing and to contain an 
accurate description or reference to all exhibits received in evidence 
and made part of the hearing

[[Page 937]]

record. The transcript shall be deemed to be certified without further 
action by the ALJ.
    (3) At any time prior to the filing of the ALJ's initial decision 
and after consideration of any objections filed as to the transcript, 
the ALJ may issue an order making any corrections in the transcript that 
the ALJ finds are warranted. Such corrections shall be entered into the 
original transcript by the Hearing Clerk (without obscuring the original 
text).
    (b) Proposed findings of fact, conclusions of law, order, and 
briefs. The parties may file proposed findings of fact, conclusions of 
law and orders based solely upon the record and on officially noticed 
matters, and briefs in support thereof. briefs may be filed at the 
discretion of the ALJ. The ALJ shall announce at the hearing the time 
within which these documents may be filed.
    (c) ALJ's initial decision. (1) The ALJ shall decide the appeal not 
later than 60 days after receipt of rebuttal evidence submitted by the 
State agency or, if the State agency does not submit rebuttal evidence, 
not later than 90 days after the State agency submits the notice of 
appeal and evidence in support of the appeal. In accordance with 
Sec. 283.22(f), the ALJ may, upon motion or sua sponte, extend this 
deadline for cause shown.
    (2) The ALJ shall prepare, upon the basis of the record and 
officially noticed matters, and shall file, an initial decision which 
shall include a decision on a request for good cause relief, a copy of 
which shall be served upon each of the parties.
    (3) Such initial decision shall be considered final for purposes of 
judicial review without further proceedings, unless there is a motion 
for reconsideration filed pursuant to Sec. 283.17(d) or review by the 
Judicial Officer is sought pursuant to Sec. 283.20.
    (4) If no motion for reconsideration or review by the Judicial 
Officer is filed, the initial decision shall constitute the final notice 
of determination for purposes of judicial review and shall become 
effective 30 day after service.
    (d) Motion for reconsideration. (1) Except as provided in paragraph 
(d)(4) of this section, any party may file a motion for reconsideration 
of the initial decision within 30 days of service of the initial 
decision. If served by mail, the time for filing a motion for 
reconsideration will be 5 days longer in accordance with Sec. 283.22.
    (2) Every such motion must set forth the mattes claimed to have been 
erroneously decided and the basis of the alleged errors. Such motion 
shall be accompanied by a supporting brief.
    (3) Responses to such motions shall be filed in accordance with 
Sec. 283.18(d).
    (4) No party may file a motion for reconsideration of an initial 
decision that has been revised in response to a previous motion for 
reconsideration.
    (5) The ALJ may dispose of a motion for reconsideration by denying 
it or by issuing a revised initial decision.
    (6) If the ALJ denies a motion for reconsideration, the initial 
decision shall constitute the final notice of determination for purposes 
of judicial review and shall become effective 30 days after service 
unless review by the Judicial Officer is sought in accordance with 
Sec. 283.20.
    (7) If the ALJ issues a revised initial decision, that decision 
shall constitute the final notice of determination for purposes of 
judicial review and shall become effective 30 days after service unless 
review by the Judicial Officer is sought in accordance with Sec. 283.20.