[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: 7CFR283.7]

[Page 943-944]
 
                          TITLE 7--AGRICULTURE
 
    CHAPTER II--FOOD AND NUTRITION SERVICE, DEPARTMENT OF AGRICULTURE
 
PART 283_APPEALS OF QUALITY CONTROL (``QC'') CLAIMS--Table of Contents
 
            Subpart B_Appeals of QC Claims of $50,000 or More
 
Sec.  283.7  Procedures upon failure to file an answer.

    The failure by FNS to file an answer shall constitute a waiver of 
hearing. 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 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 or hearing.

[[Page 944]]

Copies of the initial decision or denial of the 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 in accordance with 
Sec.  283.17(c)(2) unless reconsideration or review by the Judicial 
Officer is sought as discussed in Sec. Sec.  283.17(d) and 283.20.