[Code of Federal Regulations]
[Title 7, Volume 4]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR283.21]

[Page 967-968]
 
                          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. 283.21  Ex parte communications.

    (a) ALJ; Judicial Officer. At no time prior to the issuance of the 
final decision shall the ALJ or Judicial Officer

[[Page 968]]

discuss ex parte the merits of the appeal or review with any person who 
is connected with the appeal or review in an advocative or in an 
investigative capacity, or with any representative of such person. 
However, procedural matters shall not be included within this 
limitation; and furthermore, the ALJ or Judicial Officer may discuss the 
merits of the case with such a person if all parties to the appeal or 
review, or their attorneys have been given notice and an opportunity to 
participate. A memorandum of such discussion shall be included in the 
record.
    (b) Parties; interested persons. No party or other interested person 
shall make or knowingly cause to be made to the ALJ or Judicial Officer 
an ex parte communication relevant to the merits of the appeal or 
review.
    (c) Procedure. If the ALJ or Judicial Officer receives an ex parte 
communication in violation of this section, the one who receives the 
communication shall place in the public record of the appeal or review:
    (1) All such written communications;
    (2) Memoranda stating the substance of all such oral communications; 
and
    (3) Copies of all written responses, and memoranda stating the 
substance of all oral responses thereto.
    (4) Upon receipt of a communication knowingly made or knowingly 
caused to be made by a party in violation of this section, the ALJ or 
Judicial Officer may, to the extent consistent with the interests of 
justice and the policy of the underlying statute, require the party to 
show cause why its claim or interest in the appeal or review should not 
be dismissed, denied, disregarded or otherwise adversely affected on 
account of such violation.
    (d) Decision. To the extent consistent with the interests of justice 
and the policy of the underlying statute, a violation of this section 
shall be sufficient grounds for a decision adverse to the party who 
knowingly commits a violation of this section or who knowingly causes 
such a violation to occur.