[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: 9CFR202.117]



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                  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. 202.117  Rule 17: Petition to reopen a hearing; to rehear or reargue a proceeding; to reconsider an order; or to set aside a default order.



    (a) Filing of petition--(1) To reopen a hearing. Any party may file 

a petition to reopen a hearing to take further evidence, at any time 

prior to the issuance of the final order, or prior to a tentative order 

becoming final. Such a petition must state the nature and purpose of the 

evidence to be offered, show that it is not merely cumulative, and state 

a good reason why it was not offered at the hearing if oral, or filed in 

the hearing if written.

    (2) To rehear or reargue a proceeding or reconsider an order. Any 

party may file a petition to rehear or reargue a proceeding or 

reconsider an order of the judicial officer, at any time within 20 days 

after service on such party of such order. Such a petition must specify 

the matters claimed to have been erroneously decided, and the basis for 

the petitioner's claim that such matters were erroneously decided.

    (3) To set aside a default order. Any respondent against whom an 

order is issued by the judicial officer, upon failure to file an answer 

as required, may file a petition to set aside such order, at any time 

within 20 days after service on such respondent of such order. Such a 

petition must state a good reason why an answer was not filed as 

required.

    (b) Brief or memorandum of law. If such a petitioner wishes to file 

a brief or memorandum of law in support of such a petition, it must be 

filed with such petition.

    (c) Procedure. A presiding officer shall be assigned upon the filing 

of any such petition, or upon notice to the hearing clerk (which may be 

written or oral, or by telephone) that any party intends to file any 

such petition. The party filing any such petition shall be referred to 

as the complainant or respondent, depending on the original designation 

of such party in the proceeding; such party shall have the burden of 

establishing that such petition should be granted. If a petition to 

reopen is timely filed, the order shall not be issued pending decision 

whether to grant or deny the petition. If a petition to rehear or 

reargue or reconsider, or to set aside a default order, is timely filed, 

operation of the order shall be stayed automatically pending decision 

whether to grant or deny it; if such a petition is not timely filed, 

operation of the order shall not be stayed unless the Judicial Officer 

shall determine otherwise.

    (d) Service; answer. No such petition shall be granted unless it, 

with the brief or memorandum of law in support of it, if any, is first 

served on each party to the proceeding other than the one filing it. 

Each such other party, within 20 days after such service on such party, 

may file an answer to such petition. If any such party wishes to file a 

brief or memorandum of law in support of such an answer, it must be 

filed with such answer. Any such answer, with the brief or memorandum of 

law in support of it, if any, shall be served on each party to the 

proceeding other than the one filing it. Any such petition may be denied 

without such service.

    (e) Submission for decision; service of order. The presiding officer 

shall prepare a recommendation with respect to the petition, and submit 

it to the judicial officer for decision. Such a recommendation shall be 

prepared in the form of a final order for signature by the judicial 

officer. It shall not be served on the parties unless and until it is 

signed by the judicial officer. The order of the judicial officer shall 

be served on the parties.

    (f) Practice upon decision. If the judicial officer decides to 

reopen a hearing, or to rehear or permit reargument of a proceeding, or 

to set aside a default order, a presiding officer shall be assigned and 

the rules of practice shall be followed thereafter as applicable.



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