[Code of Federal Regulations]
[Title 7, Volume 2]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR47.11]

[Page 296-297]
 
                          TITLE 7--AGRICULTURE
 
                        DEPARTMENT OF AGRICULTURE
 
PART 47_RULES OF PRACTICE UNDER THE PERISHABLE AGRICULTURAL 
COMMODITIES ACT--Table of Contents
 
Sec. 47.11  Examiners.

    (a) Disqualification. No person who (1) has any pecuniary interest 
in any matter of business involved in the proceeding, or (2) is related 
within the third degree by blood or marriage to any of the persons 
involved in the proceeding shall serve as examiner in such proceeding.
    (b) Request for disqualification of examiner. Any party may file 
with the Hearing Clerk a timely request, in affidavit form, for the 
disqualification of the examiner, which request shall set forth with 
particularity the grounds of alleged disqualification. After such 
investigation or hearing as the Secretary may deem necessary, the 
Secretary shall either deny or grant the request. If the request is 
granted, another examiner shall be assigned to the proceeding. If the 
request is denied, the request, any record made thereon, and the finding 
and order of the Secretary thereon shall be made a part of the record.
    (c) Powers. Subject to review by the Secretary, as provided in this 
Part, the examiner who is an attorney employed in the Office of the 
General Counsel of the Department, in any proceeding assigned to him or 
her, shall have power to:
    (1) Rule upon motions and requests;

[[Page 297]]

    (2) Set the time, place, and manner of the hearing, adjourn the 
hearing, and change the time, place, and manner of the hearing;
    (3) Administer oaths and affirmations and take affidavits;
    (4) Issue subpoenas over the facsimile signature of the Secretary 
requiring the attendance and testimony of witnesses and the production 
of books, contracts, papers, and other documentary evidence;
    (5) Summon and examine witnesses and receive evidence;
    (6) Take, or order (over the facsimile signature of the Secretary) 
the taking of, depositions;
    (7) Admit or exclude evidence;
    (8) Hear oral argument on facts or law;
    (9) Require each party, prior to any hearing, to provide all other 
parties and the examiner with a copy of any exhibit that the party 
intends to introduce into evidence;
    (10) Require each party, prior to any deposition, to provide all 
other parties and the examiner with a copy of any document that the 
party intends to use to examine a deponent;
    (11) Require that any hearing to be conducted by telephone or audio-
visual telecommunication be conducted at locations at which the parties 
and the examiner are able to transmit and receive documents during the 
hearing;
    (12) Require that any deposition to be conducted by telephone or 
audio-visual telecommunication be conducted at locations at which the 
parties are able to transmit and receive documents during the 
deposition;
    (13) Do all acts and take all measures necessary for the maintenance 
of order and for the efficient conduct of the proceeding.
    (d) Who may act in absence of examiner. In case of the absence, 
illness, resignation, or death of the examiner who has been assigned to 
a proceeding, or, in case the General Counsel determines that, for other 
good cause, such examiner should not act, the powers and duties to be 
performed by the examiner under these rules of practice in connection 
with such proceeding may, subject to the provisions of paragraph (a) of 
this section, be assigned to another examiner.

[10 FR 2212, Feb. 27, 1945; 11 FR 224, Jan. 4, 1946, as amended at 24 FR 
10055, Dec. 12, 1959; 38 FR 30445, Nov. 5, 1973; 60 FR 8459, Feb. 14, 
1995; 64 FR 38106, July 15, 1999]