[Code of Federal Regulations]
[Title 7, Volume 4]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR283.27]

[Page 958]
 
                          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 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 Sec. Sec.  283.17(d) and 
283.20.