[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: 7CFR283.31]



[Page 975-976]

 

                          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. 283.31  Review of the record.



    (a) The ALJ shall review the cross motions for summary judgment, 

briefs, reply briefs and supporting materials submitted by both FNS and 

the State agency.

    (b) If the ALJ decides that additional information or briefing is 

required from a party, a request for such information or briefing shall 

be submitted to such party with a copy to the other party. The request 

shall identify the additional information or specific issues to be 

addressed and shall specify the date(s) by which such information or 

briefing must be provided. Upon receipt of such additional information 

or briefing, the ALJ shall provide the other party an opportunity to 

submit responsive information or briefing.

    (c) If the party to whom a request for additional information or 

briefing is made fails to submit the information or brief the issue(s) 

as requested, the ALJ may decide the appeal based on the existing 

record.

    (d) If the ALJ decides that oral argument is necessary on legal 

issues, the ALJ shall set a time for the oral arguments as soon as 

feasible thereafter, with due regard for the public interest and the 

convenience and necessity of the State agency and FNS. The oral 

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

Washington, DC. Upon a showing of unusual or extraordinary 

circumstances, the ALJ may order that the argument be held at another 

location. The ALJ shall file a notice stating the time and place of



[[Page 976]]



the oral arguments. If any change in the time of the oral arguments is 

made, the ALJ shall file a notice of such change, which notice shall be 

served upon the parties, unless it is made during the course of the oral 

arguments and made a part of the transcript or actual notice given to 

the parties.

    (e) Oral argument shall not be transcribed unless so ordered in 

advance by the ALJ for cause shown upon request of a party or upon the 

ALJ's own motion.