[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: 7CFR283.22]



[Page 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. 283.22  Form; filing; service; proof of service; computation of 

time; and extensions of time.



    (a) Form. (1) The original and two copies of all papers in a 

proceeding conducted under this subpart shall be filed with the Hearing 

Clerk.

    (2) Every pleading and paper filed in the proceeding shall contain a 

caption setting forth the title of the action, the docket number 

assigned by the Hearing Clerk, and a descriptive title (e.g., Motion for 

Extension of Time).

    (3) Every pleading and paper shall be signed by and contain the 

address and telephone number of the representative for the party on 

whose behalf the paper was filed.

    (b) Filing. Papers are considered filed when they are postmarked, 

or, received, if hand delivered. Date of mailing may be established by a 

certificate from the party or representative or by proof that the 

document was sent by certified or registered mail.

    (c) Service. A party filing a document with the ALJ shall, at the 

time of filing, serve a copy of such document on every other party. 

Service upon any party of any document shall be made by delivering or 

mailing a copy to the party's last known address. When a party is 

represented by an attorney or designated representative, service shall 

be made upon such attorney or representative in lieu of the actual 

party.

    (d) Proof of service. A certificate of the person serving the 

document by personal delivery or by mail, setting forth the date, time 

and manner of service, shall be proof of service.

    (e) Computation of time. (1) In computing any period of time under 

this part or in an order issued thereunder, the time begins with the day 

following the act, event, or default, and includes the last day of the 

period, unless it is a Saturday, Sunday or legal holiday observed by the 

Federal Government, in which event it includes the next business day.

    (2) When a document has been served by mail, an additional five days 

will be added to the time permitted for any response.

    (f) Extensions of time. Requests for extensions of time shall be 

submitted to the ALJ, Chief Judge or the Judicial Officer prior to the 

expiration of the original due date. The time for the filing of any 

document or paper required or authorized under the rules in this part 

may be extended by the ALJ, Chief Judge or the Judicial Officer, if, in 

the judgment of the ALJ, Chief Judge or the Judicial Officer, there is 

cause for the extension. In instances where the time permits notice of 

the request for extension, time shall be given to the other party to 

submit views concerning the request.