[Code of Federal Regulations]
[Title 7, Volume 4]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR283.26]

[Page 1002]
 
                          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.  283.26  Request that appeals be handled under procedures in subpart B 

for appeals of QC claims of $50,000 or more.

    (a) If, after the filing of its appeal petition, the State agency 
does not believe that the summary procedure provided in this subpart is 
adequate for handling the appeal and that an oral hearing is necessary, 
the State agency may file, no later than the date established for the 
conclusion of any discovery pursuant to Sec.  283.29, a motion that its 
appeal be handled under the procedures in subpart B of this part.
    (b) The motion shall specify why the State agency believes that the 
summary procedure is inadequate and what harm will result if an oral 
hearing is not held.
    (c) FNS will have 10 days from service of the State agency's motion 
that the appeal be handled under subpart B of this part to submit 
arguments either in support of or against the State agency's position.
    (d) The ALJ will review the State agency's motion and the 
information submitted by FNS and decide which procedures shall be used 
in the appeal.