[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: 7CFR283.31]

[Page 959]
 
                          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.  283.31  Review of the record.

    (a) The ALJ shall review the cross motions for summary judgment, 
briefs, reply briefs and supporting materials submitted by both FNS and 
the State agency.
    (b) If the ALJ decides that additional information or briefing is 
required from a party, a request for such information or briefing shall 
be submitted to such party with a copy to the other party. The request 
shall identify the additional information or specific issues to be 
addressed and shall specify the date(s) by which such information or 
briefing must be provided. Upon receipt of such additional information 
or briefing, the ALJ shall provide the other party an opportunity to 
submit responsive information or briefing.
    (c) If the party to whom a request for additional information or 
briefing is made fails to submit the information or brief the issue(s) 
as requested, the ALJ may decide the appeal based on the existing 
record.
    (d) If the ALJ decides that oral argument is necessary on legal 
issues, the ALJ shall set a time for the oral arguments as soon as 
feasible thereafter, with due regard for the public interest and the 
convenience and necessity of the State agency and FNS. The oral 
arguments shall be held at the U.S. Department of Agriculture, 
Washington, DC. Upon a showing of unusual or extraordinary 
circumstances, the ALJ may order that the argument be held at another 
location. The ALJ shall file a notice stating the time and place of the 
oral arguments. If any change in the time of the oral arguments is made, 
the ALJ shall file a notice of such change, which notice shall be served 
upon the parties, unless it is made during the course of the oral 
arguments and made a part of the transcript or actual notice given to 
the parties.
    (e) Oral argument shall not be transcribed unless so ordered in 
advance by the ALJ for cause shown upon request of a party or upon the 
ALJ's own motion.