[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.16]

[Page 432]
 
                          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.16  Although I request a hearing, may I request the ALJ to 
issue a decision without a hearing?

    (a) At any time after the parties have been notified of your hearing 
request, you may file a request with the ALJ to make a determination 
based on the written record. With your request, you should file any 
other arguments or evidence that you wish the ALJ to consider. The 
agency and OCR will have 35 days after you file your request to file any 
additional information, arguments, or evidence for the consideration of 
the ALJ. The ALJ may recommend dismissal of your complaint on the basis 
of a finding that it is not an eligible complaint; recommend denial of 
your eligible complaint on the merits; or make a proposed finding of 
discrimination on your eligible complaint and recommend to award you 
such relief as would be afforded under the applicable statute or 
regulation under which the eligible complaint was filed. The ALJ will 
make a proposed determination on your complaint based on the original 
complaint, the Section 741 Complaint Request, the OCR report, and any 
other evidence or written documents filed by the parties. The proposed 
determination will become the final determination 35 days after it is 
filed unless you request review of the proposed determination by the 
ASCR. The ASCR also may review the proposed determination on his or her 
own initiative. If the ASCR reviews the decision, he or she will allow 
the parties a reasonable opportunity to file briefs in support of or 
opposition to the proposed determination, and afterwards will issue a 
final determination within 35 days after you request review of the 
proposed determination.
    (b) To the maximum extent practicable, a final determination will be 
made within 180 days of your filing of the Section 741 Complaint 
Request.

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