[Code of Federal Regulations]
[Title 7, Volume 4]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR283.27]

[Page 961-962]
 
                          TITLE 7--AGRICULTURE
 
    CHAPTER II--FOOD AND NUTRITION SERVICE, DEPARTMENT OF AGRICULTURE
 
PART 283--APPEALS OF QUALITY CONTROL (``QC'') CLAIMS--Table of Contents
 
   Subpart C--Summary Procedure for Appeals of QC Claims of Less Than 
                                 $50,000
 
Sec. 283.27  Procedures upon failure to file an answer.

    The failure by FNS to file an answer shall constitute a waiver of 
the opportunity to file a cross motion for summary judgment pursuant to 
Sec. 283.30. Upon such failure to file, the State agency shall file a 
proposed decision, along with a motion for adoption thereof, both of 
which shall be served upon FNS by the State agency. Within 10 days after 
service of such motion and proposed decision, FNS may file

[[Page 962]]

with the Hearing Clerk objections thereto. If the ALJ finds that 
meritorious objections have been filed, the State agency's motion shall 
be denied with supporting reasons. If meritorious objections are not 
filed, the ALJ shall issue an initial decision without further 
procedures. Copies of the decision or denial of State agency's motion 
shall be served on each of the parties and shall be included as part of 
the official record. Where the decision as proposed by the State agency 
is adopted as the ALJ's initial decision, such decision of the ALJ shall 
become final and effective 30 days after service unless reconsideration 
or review by the Judicial Officer is sought as discussed in 
Secs. 283.17(d) and 283.20.