[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: 7CFR47.13]

[Page 297]
 
                          TITLE 7--AGRICULTURE
 
                        DEPARTMENT OF AGRICULTURE
 
PART 47_RULES OF PRACTICE UNDER THE PERISHABLE AGRICULTURAL 
COMMODITIES ACT--Table of Contents
 
Sec. 47.13  Motions and requests.

    (a) General. (1) All motions and requests made after the formal 
filing of the proceeding with the Hearing Clerk shall be filed with the 
Hearing Clerk, except that those made during an oral hearing may be 
stated orally and made a part of the transcript or recording.
    (2) The examiner may rule upon all motions and requests filed or 
made prior to the transmittal of the record to the Secretary as 
hereinafter provided. The Secretary shall rule upon all motions and 
requests filed after that time.
    (b) Certification to the Secretary. The submission or certification 
of any motion, request, objection, or other question to the Secretary 
prior to transmittal of the record to the Secretary as provided in this 
part shall be made by and in the discretion of the examiner. The 
examiner may either rule upon or certify the motion, request, objection, 
or other question to the Secretary, but not both.

[10 FR 2209, Feb. 27, 1945; 11 FR 224, Jan. 4, 1946, as amended at 38 FR 
30445, Nov. 5, 1973; 60 FR 8459, Feb. 14, 1995]

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