[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: 7CFR15f.13]

[Page 431]
 
                          TITLE 7--AGRICULTURE
 
PART 15f_ADJUDICATIONS UNDER SECTION 741--Table of Contents
 
Subpart D_If I Request A Hearing, What Will Happen? How Will The Hearing 
                              Be Conducted?
 
Sec. 15f.13  What is the function of the ALJ and who may communicate 
with him?

    (a) What are the powers of the ALJ? The ALJ is responsible for 
conducting a hearing at your request on your Section 741 Complaint 
Request. He or she will have all powers prescribed in these rules and 
will make a proposed determination on your complaint. The proposed 
determination then will become the final determination after 35 days, 
unless the ASCR reviews the proposed determination.
    (b) What is an ex parte communication? An ex parte communication is 
a communication by one party to a proceeding with the ALJ outside of the 
presence of, or without notice to, the other parties to a proceeding. Ex 
parte communications in the proceedings on your complaint are prohibited 
and will be handled as follows:
    (1) The ALJ will not engage in ex parte communications regarding the 
merits of a complaint with any party or with any person having any 
interest in the proceedings on the complaint, including OCR and any 
person in an advocacy or investigative capacity, at any time between the 
assignment of a hearing to him or her and the issuance of a proposed 
determination. This prohibition does not apply to:
    (i) Discussions of procedural matters related to the complaint; or
    (ii) Discussions of the merits of the complaint where all parties to 
the proceeding on the complaint have been given notice and an 
opportunity to participate.
    (2) In the case of a communication described in paragraph (b)(1)(ii) 
of this section, a memorandum of any such discussion shall be included 
in the hearing record.
    (3) No party to the proceeding or other interested person shall make 
or knowingly cause to be made to the ALJ an ex parte communication 
relevant to the merits of the complaint.
    (4) If the ALJ receives an ex parte communication in violation of 
this section, the ALJ will place in the written record:
    (i) All such written communications;
    (ii) Memoranda stating the substance of all such oral 
communications; and
    (iii) All written responses to such communications, and memoranda 
stating the substance of any oral responses to such communications.
    (c) Upon receipt of a communication knowingly made or knowingly 
caused to be made by a party in violation of this section the ALJ may, 
to the extent consistent with the interests of justice and the policy 
underlying these proceedings, require the party or other interested 
person making the communication to show cause why such party's claim or 
interest in the complaint should not be dismissed, denied, disregarded, 
or otherwise adversely affected on account of such violation.

[63 FR 67394, Dec. 4, 1998, as amended at 68 FR 27449, May 20, 2003]