[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: 7CFR47.14]

[Page 298]
 
                          TITLE 7--AGRICULTURE
 
                        DEPARTMENT OF AGRICULTURE
 
PART 47_RULES OF PRACTICE UNDER THE PERISHABLE AGRICULTURAL 
COMMODITIES ACT--Table of Contents
 
Sec. 47.14  Prehearing conferences.

    (a) In any proceeding in which it appears that a conference will 
expedite the proceeding, the examiner, at any time prior to or during 
the course of the oral hearing, may request the parties or their counsel 
to appear at a conference before the examiner to consider:
    (1) The simplification of the issues;
    (2) The necessity or the desirability of amendments to the 
pleadings;
    (3) The possibility of obtaining stipulations of fact and of 
documents which will avoid unnecessary proof;
    (4) The limitation of the number of expert or other witnesses; or
    (5) Such other matters as may expedite and aid in the disposition of 
the proceeding.
    (b) No transcript or recording of the conference shall be made. If 
the conference is conducted by correspondence, the examiner shall 
forward copies of letters and documents to the parties as circumstances 
require. The correspondence in connection with a conference shall not be 
part of the record. The examiner shall prepare and file for the record a 
written summary of the action agreed upon or taken at the conference, 
which shall incorporate any written stipulations or agreements made by 
the parties at the conference or as a result of the conference.
    (c) Manner of the Conference. (1) The conference shall be conducted 
by telephone or correspondence unless the examiner determines that 
conducting the conference by audio-visual telecommunication:
    (i) Is necessary to prevent prejudice to a party;
    (ii) Is necessary because of a disability of any individual expected 
to participate in the conference; or
    (iii) Would cost less than conducting the conference by telephone or 
correspondence. If the examiner determines that a conference conducted 
by audio-visual telecommunication would measurably increase the United 
States Department of Agriculture's cost of conducting the conference, 
the conference shall be conducted by personal attendance of any 
individual who is expected to participate in the conference, by 
telephone, or by correspondence.
    (2) If the conference is not conducted by telephone or 
correspondence, the conference shall be conducted by audio-visual 
telecommunication unless the examiner determines that conducting the 
conference by personal attendance of any individual who is expected to 
participate in the conference:
    (i) Is necessary to prevent prejudice to a party;
    (ii) Is necessary because of a disability of any individual expected 
to participate in the conference; or
    (iii) Would cost less than conducting the conference by audio-visual 
telecommunication.

[60 FR 8460, Feb. 14, 1995]