[Code of Federal Regulations]

[Title 7, Volume 4]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 7CFR283.16]



[Page 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. 283.16  Consolidation of issues.



    Similar issues involved in appeals by two or more State agencies may 

be consolidated upon motion by the State agencies, FNS, or at the 

discretion of the ALJ if it is decided that consolidation would help to 

promote administrative efficiency.

    (a) Disposition of consolidated issues. If the ALJ orders 

consolidation, the issues consolidated will be considered first. If a 

hearing has been requested by any of the parties that have had issues 

consolidated, arguments on the consolidated issues will be heard before 

arguments on dissimilar issues. The ALJ will take the information into 

consideration along with arguments on other issues in preparing initial 

decisions for QC appeals in which some issues have been consolidated.

    (b) Initial decision. (1) If the ALJ decides the evidence and 

arguments by the State agencies on the consolidated issues cannot be 

overcome by the evidence presented by FNS and are sufficient to grant 

the relief requested by a State agency or all State agencies in which 

the issue is involved, the ALJ shall prepare an initial decision as 

provided in Sec. 283.17(c).

    (2) FNS may file a motion for reconsideration pursuant to Sec. 

283.17(d) or seek review by the Judicial Officer in accordance with 

Sec. 283.20.