[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: 9CFR202.115]

[Page 45]
 
                  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. 202.115  Rule 15: Submission for final consideration.

    (a) Report. The presiding officer, with the assistance and 
collaboration of such employees of the Department as may be assigned for 
the purpose, shall prepare a report. The report shall be prepared on the 
basis of the evidence in the record, including the investigation report 
if one is prepared by the agency head and served on the parties, and any 
allegations admitted or deemed to be admitted, and any stipulations. The 
report shall be prepared in the form of a final order for signature by 
the judicial officer, and shall be filed with the hearing clerk. The 
report shall not be served on the parties unless and until it is signed 
by the judicial officer.
    (b) Record. At the same time as the report is filed with the hearing 
clerk, the record shall also be filed with the hearing clerk. The record 
shall include: Pleadings; motions and requests filed and rulings 
thereon; the investigation report if one is prepared by the agency head 
and served on the parties; the transcript or recording of an oral 
hearing, and exhibits received, if an oral hearing was held; evidence 
filed by the parties if a written hearing was held; documents filed in 
connection with pre-hearing conferences; any proposed findings of fact, 
conclusions and orders, statements of objections, and briefs; any 
stipulations; and proof of service.
    (c) Submission to judicial officer. Unless the hearing clerk 
reasonably believes that the record is not complete and in proper order, 
the record and the report shall be submitted to the judicial officer for 
decision.
    (d) Oral argument. There shall be no right to oral argument other 
than that provided in rule 12(h), Sec. 202.112(h).

[43 FR 30510, July 14, 1978, as amended at 60 FR 8467, Feb. 14, 1995]