[Code of Federal Regulations]
[Title 7, Volume 8]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR900.64]

[Page 24]
 
                          TITLE 7--AGRICULTURE
 
  CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and 
      Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE
 
PART 900_GENERAL REGULATIONS--Table of Contents
 
 Subpart_Rules of Practice Governing Proceedings on Petitions To Modify 
                 or To Be Exempted From Marketing Orders
 
Sec.  900.64  The Judge's decision.

    (a) Corrections to and certification of transcript. (1) At such time 
as the judge may specify, but not later than the time fixed for filing 
proposed findings of fact, conclusions and order, or briefs, as the case 
may be, the parties may file with the judge proposed corrections to the 
transcript.
    (2) As soon as practicable after the filing of proposed findings of 
fact, conclusions and order, or briefs, as the case may be, the judge 
shall file with the hearing clerk his certificate indicating any 
corrections to be made in the transcript, and stating that, to the best 
of his knowledge and belief, the transcript, as corrected, is a true, 
correct, and complete transcript of the testimony given at the hearing, 
and that the exhibits are all the exhibits properly a part of the 
hearing record. The original of such certificate shall be attached to 
the original transcript and a copy of such certificate shall be served 
upon each of the parties by the hearing clerk who shall also enter onto 
the transcript (without obscuring the text) any correction noted in the 
certification.
    (b) Proposed findings of fact, conclusions, and orders. Within 10 
days (unless the judge shall have announced at the hearing a shorter or 
longer period of time) after the transcript has been filed with the 
hearing clerk, as provided in paragraph (a) of this section, each party 
may file with the hearing clerk proposed findings of fact, conclusions, 
and order, based solely upon the evidence of record, and briefs in 
support thereof.
    (c) Judge's Decision. The judge, within a reasonable time after the 
termination of the period allowed for the filing of proposed findings of 
fact, conclusions,and orders, and briefs in support thereof, shall 
prepare upon the basis of the record, and shall file with the hearing 
clerk, his initial decision, a copy of which shall be served by the 
hearing clerk, upon each of the parties. Such decision shall become 
final without further proceedings 35 days after the date of service 
thereof, unless there is an appeal to the Secretary by a party to the 
proceeding: Provided, however, That no decision shall be final for the 
purpose of judicial review except a final decision issued by the 
Secretary pursuant to an appeal by a party to the proceeding.

[25 FR 5907, June 28, 1960, as amended at 38 FR 29799, Oct. 29, 1973; 67 
FR 10830, Mar. 11, 2002]