[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: 7CFR283.17]



[Page 968-969]

 

                          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. 283.17  Post-hearing procedure.



    (a) Corrections to transcript. (1) At any time, but not later than 

the time fixed for filing proposed findings of fact, conclusions of law, 

order and briefs, any party may file a motion proposing corrections to 

the transcript.

    (2) Unless a party files such a motion in the matter prescribed, the 

transcript shall be presumed to be a true, correct, and complete 

transcript of the testimony given at the hearing and to contain an 

accurate description or reference to all exhibits received in evidence 

and made part of the hearing record. The transcript shall be deemed to 

be certified without further action by the ALJ.

    (3) At any time prior to the filing of the ALJ's initial decision 

and after consideration of any objections filed as to the transcript, 

the ALJ may issue an order making any corrections in the transcript that 

the ALJ finds are warranted. Such corrections shall be entered into the 

original transcript by the Hearing Clerk (without obscuring the original 

text).

    (b) Proposed findings of fact, conclusions of law, order, and 

briefs. The parties may file proposed findings of fact, conclusions of 

law and orders based solely upon the record and on officially noticed 

matters, and briefs in support thereof. briefs may be filed at the 

discretion of the ALJ. The ALJ shall announce at the hearing the time 

within which these documents may be filed.

    (c) ALJ's initial decision. (1) The ALJ shall decide the appeal not 

later than 60 days after receipt of rebuttal evidence submitted by the 

State agency or, if the State agency does not submit rebuttal evidence, 

not later than 90 days after the State agency submits the notice of 

appeal and evidence in support of the appeal. In accordance with Sec. 

283.22(f), the ALJ may, upon motion or sua sponte, extend this deadline 

for cause shown.

    (2) The ALJ shall prepare, upon the basis of the record and 

officially noticed matters, and shall file, an initial decision which 

shall include a decision on a request for good cause relief, a



[[Page 969]]



copy of which shall be served upon each of the parties.

    (3) Such initial decision shall be considered final for purposes of 

judicial review without further proceedings, unless there is a motion 

for reconsideration filed pursuant to Sec. 283.17(d) or review by the 

Judicial Officer is sought pursuant to Sec. 283.20.

    (4) If no motion for reconsideration or review by the Judicial 

Officer is filed, the initial decision shall constitute the final notice 

of determination for purposes of judicial review and shall become 

effective 30 day after service.

    (d) Motion for reconsideration. (1) Except as provided in paragraph 

(d)(4) of this section, any party may file a motion for reconsideration 

of the initial decision within 30 days of service of the initial 

decision. If served by mail, the time for filing a motion for 

reconsideration will be 5 days longer in accordance with Sec. 283.22.

    (2) Every such motion must set forth the mattes claimed to have been 

erroneously decided and the basis of the alleged errors. Such motion 

shall be accompanied by a supporting brief.

    (3) Responses to such motions shall be filed in accordance with 

Sec. 283.18(d).

    (4) No party may file a motion for reconsideration of an initial 

decision that has been revised in response to a previous motion for 

reconsideration.

    (5) The ALJ may dispose of a motion for reconsideration by denying 

it or by issuing a revised initial decision.

    (6) If the ALJ denies a motion for reconsideration, the initial 

decision shall constitute the final notice of determination for purposes 

of judicial review and shall become effective 30 days after service 

unless review by the Judicial Officer is sought in accordance with Sec. 

283.20.

    (7) If the ALJ issues a revised initial decision, that decision 

shall constitute the final notice of determination for purposes of 

judicial review and shall become effective 30 days after service unless 

review by the Judicial Officer is sought in accordance with Sec. 

283.20.