[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR202.102]

[Page 31-32]
 
                  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. 202.102  Rule 2: Definitions.

    Terms defined in the Act shall mean the same in these rules as in 
the Act. In addition, and except as may be provided otherwise in these 
rules:
    Act means the Packers and Stockyards Act, 1921, and legislation 
supplementary thereto and amendatory thereof, 7 U.S.C. 181 et seq.;
    Agency means those divisions and offices of the Grain Inspection, 
Packers and Stockyards Administration (Packers and Stockyards Programs) 
of the Department which are charged with administration of the Act;
    Agency Head means the Administrator, Grain Inspection, Packers and 
Stockyards Administration (Packers and Stockyards Programs) of the 
Department, or any officer or employee of

[[Page 32]]

the Agency to whom authority is lawfully delegated to act for the 
Administrator;
    Complainant means the party who files a complaint and claims 
reparation, or on whose behalf a complaint is filed and reparation is 
claimed, in a reparation proceeding;
    Department means the United States Department of Agriculture;
    Docketing of a reparation proceeding means transmittal of papers to 
the Hearing Clerk and assignment of a docket number as provided in Rule 
8, Sec. 202.108, of these rules;
    Hearing means that part of a reparation proceeding which involves 
the submission of evidence for the record and means either an oral or a 
written hearing;
    Hearing Clerk means the Hearing Clerk of the Department (see 7 CFR 
2.25(a)(3));
    Judicial Officer means the official of the Department delegated 
authority by the Secretary, pursuant to the Act of April 4, 1940 (7 
U.S.C. 450c-450g) and Reorganization Plan No. 2 of 1953, to perform the 
function involved (see 7 CFR 2.35);
    Mail means to deposit an item in the United States mail with postage 
affixed and addressed as necessary to cause it to be delivered to the 
address shown by ordinary mail, or by certified or registered mail if 
specified.
    Presiding Officer means any attorney who is employed in the Office 
of the General Counsel of the Department and is assigned so to act in a 
reparation proceeding;
    Re-mail means to mail by ordinary mail to an address an item that 
has been returned after being sent to the same address by certified or 
registered mail.
    Reparation proceeding or Proceeding means a proceeding under the Act 
before the Secretary, in which an order for the payment of money is 
claimed and in which the Secretary is not a party of record;
    Report means the report to the Judicial Officer of the presiding 
officer's recommended findings of fact and conclusions with respect to 
all material issues of fact, law or discretion, as well as the reasons 
or basis therefor, and order, in a reparation proceeding.
    Respondent means the party against whom a complaint is filed and 
reparation is claimed, in a reparation proceeding;
    Secretary means the Secretary of Agriculture of the United States, 
or any officer or employee of the Department to whom authority is 
lawfully delegated to act for the Secretary;

[43 FR 30510, July 14, 1978, as amended at 46 FR 60414, Dec. 10, 1981; 
55 FR 41183, Oct. 10, 1990; 60 FR 8465, Feb. 14, 1995]