[Code of Federal Regulations]

[Title 9, Volume 2]

[Revised as of January 1, 2007]

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

[CITE: 9CFR202.104]



[Page 33-34]

 

                  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. 202.104  Rule 4: Agency action.



    (a) Informal disposition. If there appears to be any reasonable 

ground for doing so, the Agency Head shall investigate the matter 

complained of. If the Agency Head reasonably believes that there are not 

sufficient facts to form the basis for further proceeding, the matter 

may be dropped, without prejudice to subsequent court action on the same 

cause of action; if it is dropped, the person filing the complaint shall 

be informed. If the statements in the complaint, and information 

obtained in the investigation, seem to warrant such action, the Agency 

Head may make an effort to obtain the consent of the parties to an 

amicable or informal adjustment of the matter by communication with the 

parties or their attorneys or representatives. Such communication may be 

written or oral or both.

    (b) Service of complaint. If the matter is not disposed of as 

provided in paragraph (a), the complaint, together with any amendment 

which has been filed,



[[Page 34]]



shall be served on the respondent with a notice that an answer is 

required.

    (c) Service of report of investigation. A report prepared by the 

Agency, of its investigation of the matter complained of, and 

supplements to such a report, may be served on the parties and made a 

part of the record of the proceeding. Whether such a report or 

supplement shall be prepared, and whether it shall be served on the 

parties and made a part of the record, and its contents, shall be in the 

discretion of the Agency Head. The Judicial Officer shall consider 

information in such a report or supplement as part of the evidence in 

the proceeding, to the extent that such information is relevant and 

material to the proceeding. Any party may submit evidence in rebuttal of 

such information as is provided generally in these rules for the 

submission of evidence. Oral testimony, to the extent credible, shall be 

given greater weight as evidence than such information.