[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: 7CFR47.24]

[Page 307]
 
                          TITLE 7--AGRICULTURE
 
                        DEPARTMENT OF AGRICULTURE
 
PART 47_RULES OF PRACTICE UNDER THE PERISHABLE AGRICULTURAL 
COMMODITIES ACT--Table of Contents
 
Sec. 47.24  Rehearing, reargument, reconsideration of orders, reopening of hearings, reopening after default.

    (a) Petitions to rehear, reargue, and reconsider. A petition for 
rehearing or reargument of the proceeding, or for reconsideration of the 
order, shall be made by petition to the Secretary filed with the Hearing 
Clerk within 20 days after the date of service of the order. Every such 
petition shall state specifically the matters claimed to have been 
erroneously decided and the alleged errors. If the Secretary concludes 
that the questions raised by the petition have been sufficiently 
considered in the issuance of the order, the Secretary shall dismiss the 
petition without service on the other party. Otherwise, the Secretary 
shall direct that a copy of the petition be served upon such party by 
the Hearing Clerk. The filing of a petition to rehear or reargue a 
proceeding, or to reconsider an order, shall automatically operate to 
set aside the order pending final action on the petition. Only one 
petition to rehear, reargue, or reconsider will be accepted from each 
party, except when a mathematical or typographical error appears in 
either the original decision and order or in the decision on 
reconsideration.
    (b) Petition to reopen. A petition to reopen the hearing to take 
further evidence may be filed with the examiner at any time prior to the 
issuance of the final order. Every such petition shall state briefly the 
nature and purpose of the evidence to be adduced, shall show that such 
evidence is not merely cumulative, and shall set forth a good reason why 
such evidence was not adduced at the hearing. Every such petition shall 
be served by the Hearing Clerk on the other party in the proceeding.
    (c) Procedure for disposition of petitions. Within 20 days following 
the service of any petition provided for in this section, the other 
party to the proceeding may file with the Hearing Clerk an answer 
thereto. In the event that any such petition is granted the applicable 
rules of practice shall be followed.
    (d) Reopening after default. The party in default in the filing of 
an answer or reply required or authorized under this part may petition 
to reopen the proceeding at any time prior to the expiration of 20 days 
from the date of service of the default order. If, in the judgment of 
the examiner, after notice to and consideration of the views of the 
other party(ies), there is good reason for granting such relief, the 
party in default will be allowed 20 days from the date of the order 
reopening the proceeding to file an answer.

[10 FR 2209, Feb. 27, 1945, as amended at 56 FR 175, Jan. 3, 1991; 60 FR 
8462, Feb. 14, 1995; 64 FR 38108, July 15, 1999; 65 FR 29941, May 10, 
2000]

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