[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR202.111]

[Page 40]
 
                  TITLE 9--ANIMALS AND ANIMAL PRODUCTS
 
  CHAPTER II--GRAIN INSPECTION, PACKERS AND STOCKYARDS ADMINISTRATION 
       (PACKERS AND STOCKYARDS PROGRAMS),DEPARTMENT OF AGRICULTURE
 
PART 202_RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER THE PACKERS AND 
STOCKYARDS ACT--Table of Contents
 
Sec. 202.111  Rule 11: Hearing, oral or written.

    (a) When held. A hearing, oral or written, shall be held unless:
    (1) Each respondent admits or is deemed to admit sufficient 
allegations of the complaint to support the full amount claimed by the 
complainant as reparation;
    (2) Each respondent admits liability to the complainant in the full 
amount claimed by the complainant as reparation;
    (3) Before a hearing has been completed the parties agree in writing 
that the proceeding may be decided on the basis of the record as it 
stands at the time such agreement is filed; or
    (4) Before a hearing has been completed the parties settle their 
dispute or the complainant withdraws the complaint.
    (b) Whether oral or written. The hearing provided for in paragraph 
(a) of this section shall be oral if:
    (1) $10,000 or more is in controversy and any respondent files a 
written request for an oral hearing with such respondent's answer; or
    (2) $10,000 or more is in controversy and any complainant files a 
written request for an oral hearing on or before the 20th day after 
service on such complainant of notice that no respondent has filed a 
timely request for an oral hearing; or
    (3) Less than $10,000 is in controversy and the presiding officer 
determines, upon written request by any party thereto, that an oral 
hearing is necessary to establish the facts and circumstances giving 
rise to the controversy. The hearing shall be written if not oral.
    (c) Withdrawal of request. If $10,000 or more is in controversy and 
a party has timely filed a request for oral hearing, such party may 
withdraw such request at any time prior to completion of an oral 
hearing. If such a withdrawal leaves no pending request for oral hearing 
in the proceeding, and if the presiding officer has not decided that the 
hearing should be oral, each other party shall be served with notice of 
this and shall be given 20 days to request an oral hearing. If any party 
files a request for oral hearing in such time, the hearing shall be oral 
in accordance with paragraph (b) of this section.
    (d) Presiding Officer's recommendation. The presiding officer may 
recommend voluntary withdrawal of a request for oral hearing, timely 
filed. Declining to make such withdrawal shall not affect the rights or 
interests of any party.
    (e) Representation. Any party may appear in an oral hearing, or file 
evidence in a written hearing, in person or by counsel or other 
representative. For unethical or contumacious conduct in or in 
connection with a proceeding, the presiding officer may preclude a 
person from further acting as attorney or representative for any party 
to the proceeding; any such order of the presiding officer shall be 
served on the parties; an appeal to the Judicial Officer may be taken 
from any such order immediately.

[51 FR 42083, Nov. 21, 1986, as amended at 55 FR 41184, Oct. 10, 1990]