[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: 7CFR283.29]

[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.  283.29  Scheduling conference.

    (a) Time and place. The ALJ shall direct the parties or their 
counsel to attend a scheduling conference following the filing of a 
notice of appeal pursuant to Sec.  283.25. The scheduling conference 
shall be held at the U.S. Department of Agriculture, Washington, DC. 
Reasonable notice of the time and place of the scheduling conference 
shall be given. The ALJ may order each of the parties to furnish at the 
scheduling conference the following:
    (1) An outline of the appeal or defense;
    (2) The legal theories upon which the party will rely;
    (3) Copies of or a list of documents that the party anticipates 
relying upon;
    (b) Procedures. The ALJ shall not order any of the foregoing 
procedures that a party can show are inappropriate or unwarranted under 
the circumstances of the particular appeal.
    (c) Scheduling conference. At the scheduling conference, the 
following matters shall be considered:
    (1) The simplification of issues;
    (2) The necessity of amendments to pleadings;
    (3) Stipulations of facts and of the authenticity, accuracy, and 
admissibility of documents;
    (4) Negotiation, compromise, or settlement of issues;
    (5) The exchange of copies of proposed exhibits;
    (6) The nature of and the date by which discovery, as provided in 
Sec.  283.28, must be completed;
    (7) The identification of documents or matters of which official 
notice may be requested;
    (8) A schedule to be followed by the parties for the filing of 
cross-motions for summary judgment and completion of other actions 
decided at the conference; and
    (9) Such other matters as may expedite and aid in the disposition of 
the appeal.
    (d) Reporting. A scheduling conference will not be stenographically 
reported unless so directed by the ALJ.
    (e) Attendance at scheduling conference. In the event the ALJ 
concludes that personal attendance by the ALJ and the parties or counsel 
at a scheduling conference is unwarranted or impractical, but decides 
that a conference would expedite the appeal, the ALJ may conduct such 
conference by telephone.
    (f) Order. Actions taken as a result of a conference shall be 
reduced to an appropriate written order, unless the ALJ concludes that a 
stenographic report shall suffice.