[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: 7CFR2.35]

[Page 185-186]
 
                          TITLE 7--AGRICULTURE
 
PART 2_DELEGATIONS OF AUTHORITY BY THE SECRETARY OF AGRICULTURE AND 
GENERAL OFFICERS OF THE DEPARTMENT--Table of Contents
 
Subpart D_Delegations of Authority to Other General Officers and Agency 
                                  Heads
 
Sec. 2.35  Judicial Officer.

    (a) Pursuant to the Act of April 4, 1940, as amended (7 U.S.C. 450c-
450g), and Reorganization Plan No. 2 of 1953 (5

[[Page 186]]

U.S.C. app.), the Secretary of Agriculture makes the following 
delegations of authority to the Judicial Officer. The Judicial Officer 
is authorized to:
    (1) Act as final deciding officer in adjudicatory proceedings 
subject to 5 U.S.C. 556 and 557;
    (2) Act as final deciding officer in adjudicatory proceedings which 
are or may be subject to the ``Rules of Practice Governing Formal 
Adjudicatory Proceedings Instituted by the Secretary Under Various 
Statutes'' set forth in part 1, subpart H, of this title;
    (3) Act as final deciding officer in adjudicatory proceedings which 
are or may be subject to the ``Rules of Practice Governing Cease and 
Desist Proceedings Under Section 2 of the Capper-Volstead Act'' set 
forth in part 1, subpart I, of this title;
    (4) Act as final deciding officer in adjudicatory proceedings 
subject to the ``Procedures Related to Administrative Hearings Under the 
Program Fraud Civil Remedies Act of 1986'' set forth in part 1, subpart 
L, of this title;
    (5) Act as final deciding officer in adjudicatory proceedings 
subject to the ``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.)'' set forth in part 1, subpart M, of this title;
    (6) Act as final deciding officer in rate proceedings under the 
Packers and Stockyards Act, as amended and supplemented (7 U.S.C. 181-
229);
    (7) Act as final deciding officer in reparation proceedings under 
statutes administered by the United States Department of Agriculture;
    (8) Act as final deciding officer in appeals under section 63 of the 
Plant Variety Protection Act (7 U.S.C. 2443), and in reexamination 
proceedings under section 91 of the Plant Variety Protection Act, as 
amended (7 U.S.C. 2501);
    (9) Act as final deciding officer in adjudicatory proceedings under 
section 359i of the Agricultural Adjustment Act of 1938, as amended (7 
U.S.C. 1359ii); and
    (10) Issue rules of practice applicable to proceedings conducted 
under section 359i of the Agricultural Adjustment Act of 1938, as 
amended (7 U.S.C. 1359ii).
    (b) The delegation of authority from the Secretary of Agriculture to 
the Judicial Officer in paragraph (a) of this section shall not be 
construed to limit the authority of the Judicial Officer to perform any 
functions, in addition to those identified in the Act of April 4, 1940, 
as amended (7 U.S.C. 450c-450g), which may be assigned by the Secretary 
of Agriculture to the Judicial Officer.
    (c) As used in this section, the term Judicial Officer shall mean 
any person or persons so designated by the Secretary of Agriculture.

[68 FR 27443, May 20, 2003]