[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: 7CFR283.6]

[Page 988]
 
                          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 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.