[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: 9CFR202.117]

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                  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. 202.117  Rule 17: Petition to reopen a hearing; to rehear or reargue 
a proceeding; to reconsider an order; or to set aside a default order.

    (a) Filing of petition--(1) To reopen a hearing. Any party may file 
a petition to reopen a hearing to take further evidence, at any time 
prior to the issuance of the final order, or prior to a tentative order 
becoming final. Such a petition must state the nature and purpose of the 
evidence to be offered, show that it is not merely cumulative, and state 
a good reason why it was not offered at the hearing if oral, or filed in 
the hearing if written.
    (2) To rehear or reargue a proceeding or reconsider an order. Any 
party may file a petition to rehear or reargue a proceeding or 
reconsider an order of the judicial officer, at any time within 20 days 
after service on such party of such order. Such a petition must specify 
the matters claimed to have been erroneously decided, and the basis for 
the petitioner's claim that such matters were erroneously decided.
    (3) To set aside a default order. Any respondent against whom an 
order is issued by the judicial officer, upon failure to file an answer 
as required, may file a petition to set aside such order, at any time 
within 20 days after service on such respondent of such order. Such a 
petition must state a good reason why an answer was not filed as 
required.
    (b) Brief or memorandum of law. If such a petitioner wishes to file 
a brief or memorandum of law in support of such a petition, it must be 
filed with such petition.
    (c) Procedure. A presiding officer shall be assigned upon the filing 
of any such petition, or upon notice to the hearing clerk (which may be 
written or oral, or by telephone) that any party intends to file any 
such petition. The party filing any such petition shall be referred to 
as the complainant or respondent, depending on the original designation 
of such party in the proceeding; such party shall have the burden of 
establishing that such petition should be granted. If a petition to 
reopen is timely filed, the order shall not be issued pending decision 
whether to grant or deny the petition. If a petition to rehear or 
reargue or reconsider, or to set aside a default order, is timely filed, 
operation of the order shall be stayed automatically pending decision 
whether to grant or deny it; if such a petition is not timely filed, 
operation of the order shall not be stayed unless the Judicial Officer 
shall determine otherwise.
    (d) Service; answer. No such petition shall be granted unless it, 
with the brief or memorandum of law in support of it, if any, is first 
served on each party to the proceeding other than the one filing it. 
Each such other party, within 20 days after such service on such party, 
may file an answer to such petition. If any such party wishes to file a 
brief or memorandum of law in support of such an answer, it must be 
filed with such answer. Any such answer, with the brief or memorandum of 
law in support of it, if any, shall be served on each party to the 
proceeding other than the one filing it. Any such petition may be denied 
without such service.
    (e) Submission for decision; service of order. The presiding officer 
shall prepare a recommendation with respect to the petition, and submit 
it to the judicial officer for decision. Such a recommendation shall be 
prepared in the form of a final order for signature by the judicial 
officer. It shall not be served on the parties unless and until it is 
signed by the judicial officer. The order of the judicial officer shall 
be served on the parties.
    (f) Practice upon decision. If the judicial officer decides to 
reopen a hearing, or to rehear or permit reargument of a proceeding, or 
to set aside a default order, a presiding officer shall be assigned and 
the rules of practice shall be followed thereafter as applicable.

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