[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: 7CFR283.27]



[Page 974]

 

                          TITLE 7--AGRICULTURE

 

    CHAPTER II--FOOD AND NUTRITION SERVICE, DEPARTMENT OF AGRICULTURE

 

PART 283_APPEALS OF QUALITY CONTROL (``QC'') CLAIMS--Table of Contents

 

   Subpart C_Summary Procedure for Appeals of QC Claims of Less Than 

                                 $50,000

 

Sec. 283.27  Procedures upon failure to file an answer.



    The failure by FNS to file an answer shall constitute a waiver of 

the opportunity to file a cross motion for summary judgment pursuant to 

Sec. 283.30. Upon such failure to file, the State agency shall file a 

proposed decision, along with a motion for adoption thereof, both of 

which shall be served upon FNS by the State agency. Within 10 days after 

service of such motion and proposed decision, FNS may file with the 

Hearing Clerk objections thereto. If the ALJ finds that meritorious 

objections have been filed, the State agency's motion shall be denied 

with supporting reasons. If meritorious objections are not filed, the 

ALJ shall issue an initial decision without further procedures. Copies 

of the decision or denial of State agency's motion shall be served on 

each of the parties and shall be included as part of the official 

record. Where the decision as proposed by the State agency is adopted as 

the ALJ's initial decision, such decision of the ALJ shall become final 

and effective 30 days after service unless reconsideration or review by 

the Judicial Officer is sought as discussed in Sec. Sec. 283.17(d) and 

283.20.