[Code of Federal Regulations] [Title 7, Volume 1] [Revised as of January 1, 2005] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1.1] [Page 1-7] TITLE 7--AGRICULTURE PART 1_ADMINISTRATIVE REGULATIONS--Table of Contents Subpart A_Official Records Sec. 1.1 Purpose and scope. [[Page 1]] (This book contains parts 1 to 26) -------------------------------------------------------------------- Part SUBTITLE A--Office of the Secretary of Agriculture.......... 1 Cross References: Animal and Plant Health Inspection Service, Department of Agriculture, see 7 CFR chapter III; 9 CFR chapter I. Commodity Futures Trading Commission, see 17 CFR chapter I. Commodity Credit Corporation, Department of Agriculture, see 7 CFR chapter XIV. Customs Service, Department of the Treasury, see 19 CFR chapter I. Farm Credit Administration, see 12 CFR chapter VI. Federal Crop Insurance Corporation, Department of Agriculture, see 7 CFR chapter IV. Fish and Wildlife Service, Department of the Interior, see 50 CFR chapters I and IV. Food and Drug Administration, Department of Health and Human Services, see 21 CFR chapter I. Food Safety and Inspection Service, Meat and Poultry Inspection, Department of Agriculture, see 9 CFR chapter III. Forest Service, Department of Agriculture, see 36 CFR chapter II. United States International Trade Commission, see 19 CFR chapter II. Note: Other regulations issued by the Department of Agriculture appear in chapters I to XLII of title 7, and chapter 4 of title 48. [[Page 3]] Subtitle A--Office of the Secretary of Agriculture -------------------------------------------------------------------- Part Page 1 Administrative regulations.................. 5 1a Law enforcement authorities................. 99 1b National Environmental Policy Act........... 100 1c Protection of human subjects................ 101 2 Delegations of authority by the Secretary of Agriculture and general officers of the Department.............................. 112 3 Debt management............................. 259 4 [Reserved] 5 Determination of parity prices.............. 279 6 Import quotas and fees...................... 284 7 Selection and functions of Agricultural Stabilization and Conservation State, county and community committees......... 301 8 4-H Club name and emblem.................... 314 9-10 [Reserved] 11 National Appeals Division................... 317 12 Highly erodible land and wetland conservation............................ 329 13 [Reserved] 14 Determining the primary purpose of certain payments for Federal tax purposes....... 351 15 Nondiscrimination........................... 354 15a Education programs or activities receiving or benefitting from Federal financial assistance.............................. 380 15b Nondiscrimination on the basis of handicap in programs or activities receiving Federal financial assistance............ 396 15d Nondiscrimination in programs or activities conducted by the United States Department of Agriculture............... 419 15e Enforcement of nondiscrimination on the basis of handicap in programs or activities conducted by the United States Department of Agriculture........ 420 15f Adjudications under section 741............. 426 [[Page 4]] 16 Equal opportunity for religious organizations........................... 436 17 Sales of agricultural commodities made available under Title 1 of the Agricultural Trade Development and Assistance Act of 1954, as amended...... 437 18 Equal employment opportunity in the State Cooperative Extension Services.......... 454 19 [Reserved] 20 Export sales reporting requirements......... 457 21 Uniform relocation assistance and real property acquisition for Federal and federally assisted programs............. 464 22 Rural development coordination.............. 464 23 State and regional annual plans of work..... 470 24 Board of Contract Appeals, Department of Agriculture............................. 474 25 Rural empowerment zones and enterprise communities............................. 486 26 [Reserved] [[Page 5]] Subpart A_Official Records Sec. 1.1 Purpose and scope. 1.2 Policy. 1.3 Agency implementing regulations. 1.4 Public access to certain materials. 1.5 Requests for records. 1.6 Aggregating requests. 1.7 Agency response to requests for records. 1.8 Multitrack processing. 1.9 Expedited processing. 1.10 Search services. 1.11 Review services. 1.12 Handling information from a private business. 1.13 Date of receipt of requests or appeals. 1.14 Appeals. 1.15 General provisions respecting release of records. 1.16 Extension of administrative deadlines. 1.17 Failure to meet administrative deadlines. 1.18 Fee schedule. 1.19 Exemptions and discretionary release. 1.20 Annual report. 1.21 Compilation of new records. 1.22 Authentication. 1.23 Records in formal adjudication proceedings. 1.24 Preservation of records. 1.25 Implementing regulations for the Office of the Secretary and the Office of Communications. Appendix A to Subpart A--Fee Schedule Subpart B_Departmental Proceedings 1.26 Representation before the Department of Agriculture. 1.27 Rulemaking and other notice procedures. 1.28 Petitions. 1.29 Subpoenas relating to investigations under statutes administered by the Secretary of Agriculture. Subpart C_Judicial Proceedings 1.41 Service of process. Subpart D_Claims 1.51 Claims based on negligence, wrongful act or omission. Subpart E_Cooperative Production of Television Films 1.71 Purpose. 1.72 Policy. 1.73 Responsibility. 1.74 Basis for special working relationships. 1.75 General stipulations. 1.76 Department cooperation. 1.77 Assignment of priorities. 1.78 Development of special working relationships. 1.79 Credits. Subpart G_Privacy Act Regulations 1.110 Purpose and scope. 1.111 Definitions. 1.112 Procedures for requests pertaining to individual records in a record system. 1.113 Times, places, and requirements for identification of individuals making requests. 1.114 Disclosure of requested information to individuals. 1.115 Special procedures: Medical records. 1.116 Request for correction or amendment to record. 1.117 Agency review of request for correction or amendment of record. 1.118 Appeal of initial adverse agency determination on correction or amendment. 1.119 Disclosure of record to person other than the individual to whom it pertains. 1.120 Fees. 1.121 Penalties. 1.122 General exemptions. 1.123 Specific exemptions. Appendix A to Subpart G--Internal Directives Subpart H_Rules of Practice Governing Formal Adjudicatory Proceedings Instituted by the Secretary Under Various Statutes 1.130 Meaning of words. 1.131 Scope and applicability of this subpart. 1.132 Definitions. 1.133 Institution of proceedings. 1.134 Docket number. 1.135 Contents of complaint or petition for review. 1.136 Answer. 1.137 Amendment of complaint, petition for review, or answer; joinder of related matters. 1.138 Consent decision. 1.139 Procedure upon failure to file an answer or admission of facts. 1.140 Conferences and procedure. 1.141 Procedure for hearing. 1.142 Post-hearing procedure. 1.143 Motions and requests. 1.144 Judges. 1.145 Appeal to Judicial Officer. 1.146 Petitions for reopening hearing; for rehearing or reargument of proceeding; or for reconsideration of the decision of the Judicial Officer. 1.147 Filing; service; extensions of time; and computation of time. 1.148 Depositions. 1.149 Subpoenas. [[Page 6]] 1.150 Fees of witnesses. 1.151 Ex parte communications. Subpart I_Rules of Practice Governing Cease and Desist Proceedings Under Section 2 of the Capper-Volstead Act 1.160 Scope and applicability of rules in this part. 1.161 Definitions. 1.162 Institution of proceedings. 1.163 The complaint. 1.164 Answer. 1.165 Amendments. 1.166 Consent order. 1.167 Conference. 1.168 Procedure for hearing. 1.169 Post-hearing procedure and decision. 1.170 Appeal to the Judicial Officer. 1.171 Intervention. 1.172 Motions and requests. 1.173 Judges. 1.174 Filing; service; extensions of time; and computation of time. 1.175 Procedure following entry of cease and desist order. Subpart J_Procedures Relating to Awards Under the Equal Access to Justice Act in Proceedings Before the Department General Provisions Sec. 1.180 Definitions. 1.181 Purpose of these rules. 1.182 When EAJA applies. 1.183 Proceedings covered. 1.184 Eligibility of applicants. 1.185 Standards for awards. 1.186 Allowable fees and expenses. 1.187 Rulemaking on maximum rates for attorney fees. 1.188 Awards against other agencies. 1.189 Delegations of authority. Information Required From Applicants 1.190 Contents of application. 1.191 Net worth exhibit. 1.192 Documentation of fees and expenses. 1.193 Time for filing application. Procedures for Considering Applications 1.194 Filing and service of documents. 1.195 Answer to application. 1.196 Reply. 1.197 Comments by other parties. 1.198 Settlement. 1.199 Further proceedings. 1.200 Decision. 1.201 Department review. 1.202 Judicial review. 1.203 Payment of award. Subpart K_Appearance of USDA Employees as Witnesses in Judicial or Administrative Proceedings 1.210 Purpose. 1.211 Definitions. 1.212 General. 1.213 Appearance as a witness on behalf of the United States. 1.214 Appearance as a witness on behalf of a party other than the United States where the United States is not a party. 1.215 Subpoenas duces tecum for USDA records in judicial or administrative proceedings in which the United States is not a party. 1.216 Appearance as a witness or production of documents on behalf of a party other than the United States where the United States is a party. 1.217 Witness fees and travel expenses. 1.218 Penalty. 1.219 Delegations. Subpart L_Procedures Related to Administrative Hearings Under the Program Fraud Civil Remedies Act of 1986 1.301 Basis, purpose and scope. 1.302 Definitions. 1.303 Basis for civil penalties and assessments. 1.304 Investigation. 1.305 Review by the reviewing official. 1.306 Prerequisites for issuing a complaint. 1.307 Complaint. 1.308 Service of complaint and notice of hearing. 1.309 Answer and request for hearing. 1.310 Default upon failure to file an answer. 1.311 Referral of complaint and answer to the ALJ. 1.312 Procedure where respondent does not request a hearing. 1.313 Procedure where respondent requests a hearing; notice of hearing. 1.314 Parties to the hearing. 1.315 Separation of functions. 1.316 Ex parte contacts. 1.317 Disqualification of reviewing official or ALJ. 1.318 Rights of parties. 1.319 Authority of the ALJ. 1.320 Prehearing conferences. 1.321 Disclosure of documents. 1.322 Discovery. 1.323 Subpoenas for attendance at hearing. 1.324 Fees. 1.325 Form, filing and service of papers. 1.326 Computation of time. 1.327 Motions. 1.328 Sanctions. 1.329 The hearing and burden of proof. 1.330 Location of hearing. 1.331 Witnesses. [[Page 7]] 1.332 Evidence. 1.333 The record. 1.334 Post-hearing briefs. 1.335 Determining the amount of penalties and assessments. 1.336 Initial decision of the ALJ. 1.337 Reconsideration of initial decision. 1.338 Appeal to the judicial officer. 1.339 Stays ordered by the Department of Justice. 1.340 Stay pending appeal. 1.341 Judicial review. 1.342 Collection of civil penalties and assessments. 1.343 Right to administrative offset. 1.344 Deposit to Treasury of the United States. 1.345 Settlement. 1.346 Limitation. Subpart M_Rules of Practice Governing Adjudication of Sourcing Area Applications and Formal Review of Sourcing Areas Pursuant to the Forest Resources Conservation and Shortage Relief Act of 1990 (16 U.S.C. 620 et seq.) 1.410 Meaning of words. 1.411 Definitions. 1.412 Institution of proceedings. 1.413 Submission of a sourcing area application. 1.414 Docket number. 1.415 Notification of proceedings. 1.416 Comment period. 1.417 Review period. 1.418 Procedure upon no request for hearing. 1.419 Amendment of a sourcing area application. 1.420 Consent recommendation. 1.421 Prehearing conferences and procedures. 1.422 Conduct of the hearing. 1.423 Post-hearing procedure. 1.424 Motions and requests. 1.425 Judges. 1.426 Appeal to Judicial Officer. 1.427 Filing; identification of parties of record; service; and computation of time. 1.428 Depositions. 1.429 Ex parte communications. Subpart N_Policy With Regard to Indemnification of Department of Agriculture Employees 1.501 Policy on employee indemnification. Authority: 5 U.S.C. 301, unless otherwise noted. Authority: 5 U.S.C. 301, 552; 7 U.S.C. 3125a; 31 U.S.C. 9701; and 7 CFR 2.28(b)(7)(viii). This subpart establishes policy, procedures, requirements, and responsibilities for administration and coordination of the Freedom of Information Act (``FOIA''), 5 U.S.C. 552, pursuant to which any person may obtain official records. It also provides rules pertaining to the disclosure of records pursuant to compulsory process. This subpart also serves as the implementing regulations (referred to in Sec. 1.3, ``Agency implementing regulations'') for the Office of the Secretary (the immediate offices of the Secretary, Deputy Secretary, Under Secretaries and Assistant Secretaries) and for the Office of Communications. The Office of Communications has the primary responsibility for implementation of the FOIA in the Department of Agriculture (``USDA'' or ``Department''). The term ``agency'' or ``agencies'' is used throughout this subpart to include both USDA program agencies and staff offices. [65 FR 46336, July 28, 2000]