[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: 7CFR283.3]

[Page 941]
 
                          TITLE 7--AGRICULTURE
 
    CHAPTER II--FOOD AND NUTRITION SERVICE, DEPARTMENT OF AGRICULTURE
 
PART 283_APPEALS OF QUALITY CONTROL (``QC'') CLAIMS--Table of Contents
 
                            Subpart A_General
 
Sec.  283.3  Definitions.

    As used in this part, the terms as defined in the Food Stamp Act of 
1977, as amended, 7 U.S.C. 2011-2032 (``Act''), and in the regulations, 
standards, instructions or orders issued thereunder, shall apply with 
equal force and effect. In addition, and except as may be provided 
otherwise in this section:
    Administrator means the Administrator, Food and Nutrition Service, 
U.S. Department of Agriculture (``USDA'').
    ALJ means any Administrative Law Judge in USDA appointed pursuant to 
5 U.S.C. 3105 or detailed to the USDA pursuant to 5 U.S.C. 3344 and 
assigned to the appeal.
    Appeal means the appeal to the ALJ.
    Ex parte communication means an oral or written communication not on 
the public record with respect to which reasonable prior notice to all 
parties is not given, but it shall not include procedural matters.
    Filing. A pleading or other document allowed or required to be filed 
in accordance with this part shall be considered filed when postmarked, 
if mailed, or when received, if hand delivered.
    FNS means the Food and Nutrition Service, USDA.
    Hearing means that part of the appeal which involves the submission 
of evidence before the ALJ for the record in the appeal.
    Hearing Clerk means the Hearing Clerk, USDA, Washington, DC 20250.
    Judicial Officer means an official of the USDA delegated authority 
by the Secretary of Agriculture, pursuant to the Act of April 4, 1940 (7 
U.S.C. 450c-459g) and Reorganization Plan No. 2 of 1953 (5 U.S.C. 1970 
ed., Appendix, P. 550), as amended by Public Law 97-35, title I, sec. 
125, 95 Stat. 357, 369 (1981) (7 U.S.C. 2201 note), to perform the 
adjudicating function involved (7 CFR 2.35(a)), or the Secretary of 
Agriculture if the authority so delegated is exercised by the Secretary.
    OC claim means a claim made pursuant to 7 U.S.C. 2025(c).
    Secretary means the Secretary of the USDA.
    State agency means:
    (1) The agency of State government, including the local offices 
thereof, which is responsible for the administration of the federally 
aided public assistance programs within the State, and in those States 
where such assistance programs are operated on a decentralized basis, it 
includes the counterpart local agencies which administer such assistance 
programs for the State agency; and
    (2) The Indian tribal organization of any Indian tribe determined by 
the Secretary to be capable of effectively administering a Food Stamp 
Program in accordance with the Food Stamp Act of 1977, as amended, 7 
U.S.C. 2011-2032.

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