[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: 7CFR283.29]



[Page 974-975]

 

                          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. 283.29  Scheduling conference.



    (a) Time and place. The ALJ shall direct the parties or their 

counsel to attend a scheduling conference following the filing of a 

notice of appeal pursuant to Sec. 283.25. The scheduling conference 

shall be held at the U.S. Department of Agriculture, Washington, DC. 

Reasonable notice of the time and place of the scheduling conference 

shall be given. The ALJ may order each of the parties to furnish at the 

scheduling conference the following:

    (1) An outline of the appeal or defense;

    (2) The legal theories upon which the party will rely;



[[Page 975]]



    (3) Copies of or a list of documents that the party anticipates 

relying upon;

    (b) Procedures. The ALJ shall not order any of the foregoing 

procedures that a party can show are inappropriate or unwarranted under 

the circumstances of the particular appeal.

    (c) Scheduling conference. At the scheduling conference, the 

following matters shall be considered:

    (1) The simplification of issues;

    (2) The necessity of amendments to pleadings;

    (3) Stipulations of facts and of the authenticity, accuracy, and 

admissibility of documents;

    (4) Negotiation, compromise, or settlement of issues;

    (5) The exchange of copies of proposed exhibits;

    (6) The nature of and the date by which discovery, as provided in 

Sec. 283.28, must be completed;

    (7) The identification of documents or matters of which official 

notice may be requested;

    (8) A schedule to be followed by the parties for the filing of 

cross-motions for summary judgment and completion of other actions 

decided at the conference; and

    (9) Such other matters as may expedite and aid in the disposition of 

the appeal.

    (d) Reporting. A scheduling conference will not be stenographically 

reported unless so directed by the ALJ.

    (e) Attendance at scheduling conference. In the event the ALJ 

concludes that personal attendance by the ALJ and the parties or counsel 

at a scheduling conference is unwarranted or impractical, but decides 

that a conference would expedite the appeal, the ALJ may conduct such 

conference by telephone.

    (f) Order. Actions taken as a result of a conference shall be 

reduced to an appropriate written order, unless the ALJ concludes that a 

stenographic report shall suffice.