[Code of Federal Regulations]

[Title 9, Volume 2]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 9CFR202.113]



[Page 44-45]

 

                  TITLE 9--ANIMALS AND ANIMAL PRODUCTS

 

  CHAPTER II--GRAIN INSPECTION, PACKERS AND STOCKYARDS ADMINISTRATION 

       (PACKERS AND STOCKYARDS PROGRAMS),DEPARTMENT OF AGRICULTURE

 

PART 202_RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER THE PACKERS AND 

STOCKYARDS ACT--Table of Contents

 

Sec. 202.113  Rule 13: Written hearing.



    (a) Evidence. As used in this section, the term ``evidence'' shall 

mean depositions, affidavits, or statements under penalty of perjury as 

provided in 28 U.S.C. 1746, Pub. L. 94-550, of persons having knowledge 

of the facts, or documents properly identified by such deposition, 

affidavit, or statement, or otherwise authenticated in such a manner 

that they would be admissible in evidence at an oral hearing, except as 

provided hereinafter. Testimony on deposition, to the extent credible, 

shall be given greater weight as evidence, than such affidavits or 

statements. In a case in which a party, entitled to oral hearing as 

provided in rule 11, Sec. 202.111, withdraws such party's request for 

oral hearing on condition that only depositions be used if a written 

hearing is held, only depositions, and documents properly identified 

therein, shall be made a part of the record as evidence by the parties 

if a written hearing is held.

    (b) Verification. Any facts must be verified, by oath or affirmation 

before a person legally authorized to administer oaths or before a 

person designated by the Secretary for the purpose (except in the case 

of a statement under penalty of perjury as provided in 28 U.S.C. 1746, 

Pub. L. 94-550), by a person who states, in the deposition, affidavit, 

or statement, that such person has actual knowledge of the facts. Except 

under unusual circumstances, which shall be set forth in the deposition, 

affidavit, or statement, any such person shall be one who would appear 

as a witness if an oral hearing were held.

    (c) Complainant's evidence. The complainant shall be served with 

notice of an opportunity to file evidence. Within 20 days after such 

service, the complainant may file evidence. What the complainant files 

in response to that notice shall be served promptly on the respondent.

    (d) Respondent's evidence. After expiration of the time for the 

filing of complainant's evidence, the respondent shall be served with 

notice of an opportunity to file evidence. Within 20 days after such 

service, the respondent may file evidence. What the respondent files in 

response to that notice shall be served promptly on the complainant.

    (e) Complainant's rebuttal. If the respondent files anything 

pursuant to paragraph (d) of this section, the complainant shall be 

served with notice of an opportunity to file evidence in rebuttal of 

what the respondent has filed. Within 20 days after such service, the 

complainant may file such evidence, which shall be confined strictly to 

rebuttal of what the respondent has filed. What the complainant files in 

response



[[Page 45]]



to that notice shall be served promptly on the respondent.

    (f) Failure to file. Failure to file any evidence authorized under 

this section, within the time prescribed, shall constitute a waiver of 

the right to file such evidence.

    (g) Extension of time for depositions. If any party timely files an 

application for an order for the taking of testimony by deposition 

pursuant to rule 9, Sec. 202.109, time for the filing of such party's 

evidence shall be extended as reasonable, to permit consideration of the 

application, and taking of depositions if ordered.

    (h) Investigation report. No provision of this rule 13 shall change 

the status of an investigation report served on the parties and made a 

part of the record pursuant to rule 4, Sec. 202.104.



[43 FR 30510, July 14, 1978, as amended at 55 FR 41184, Oct. 10, 1990]