[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: 7CFR283.7]



[Page 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. 283.7  Procedures upon failure to file an answer.



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

hearing. 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 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 or hearing. Copies of the initial 

decision or denial of the 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 in accordance with Sec. 283.17(c)(2) 

unless reconsideration or review by the Judicial Officer is sought as 

discussed in Sec. Sec. 283.17(d) and 283.20.