[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: 7CFR283.6]



[Page 959-960]

 

                          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. 283.6  Answer.



    (a) Filing and service. Not later than 60 days after the State 

agency submits its appeal petition, or within 60 days



[[Page 960]]



following service of a ruling in accordance with Sec. 283.5, FNS shall 

file an answer signed by the FNS Administrator or authorized 

representative or the attorney of record in the appeal. The attorney may 

file an appearance of record prior to or simultaneously with the filing 

of the answer.

    (b) Contents. The answer shall clearly admit, deny, or explain each 

of the allegations of the appeal petition and shall:

    (1) Clearly set forth any defense asserted by FNS; or

    (2) State that FNS admits all the facts alleged in the appeal 

petition; or

    (3) State that FNS admits the jurisdictional allegations of the 

appeal petition and neither admits nor denies the remaining allegations 

and consents to the issuance of an order without further procedure.

    (c) Default. Failure to file a timely answer shall be deemed, for 

purposes of the appeal, an admission of the allegations in the appeal 

petition and failure to deny or otherwise respond to an allegation of 

the appeal petition shall be deemed for purposes of the appeal, an 

admission of said allegation, unless FNS and the State agency have 

agreed to a consent decision pursuant to Sec. 283.10.