[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: 7CFR283.21]



[Page 971-972]

 

                          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. 283.21  Ex parte communications.



    (a) ALJ; Judicial Officer. At no time prior to the issuance of the 

final decision shall the ALJ or Judicial Officer discuss ex parte the 

merits of the appeal or review with any person who is connected with the 

appeal or review in an advocative or in an investigative capacity, or 

with any representative of such person. However, procedural matters 

shall not be included within this limitation; and furthermore, the ALJ 

or Judicial Officer may discuss the merits of the case with such a 

person if all parties to the appeal or review, or



[[Page 972]]



their attorneys have been given notice and an opportunity to 

participate. A memorandum of such discussion shall be included in the 

record.

    (b) Parties; interested persons. No party or other interested person 

shall make or knowingly cause to be made to the ALJ or Judicial Officer 

an ex parte communication relevant to the merits of the appeal or 

review.

    (c) Procedure. If the ALJ or Judicial Officer receives an ex parte 

communication in violation of this section, the one who receives the 

communication shall place in the public record of the appeal or review:

    (1) All such written communications;

    (2) Memoranda stating the substance of all such oral communications; 

and

    (3) Copies of all written responses, and memoranda stating the 

substance of all oral responses thereto.

    (4) Upon receipt of a communication knowingly made or knowingly 

caused to be made by a party in violation of this section, the ALJ or 

Judicial Officer may, to the extent consistent with the interests of 

justice and the policy of the underlying statute, require the party to 

show cause why its claim or interest in the appeal or review should not 

be dismissed, denied, disregarded or otherwise adversely affected on 

account of such violation.

    (d) Decision. To the extent consistent with the interests of justice 

and the policy of the underlying statute, a violation of this section 

shall be sufficient grounds for a decision adverse to the party who 

knowingly commits a violation of this section or who knowingly causes 

such a violation to occur.