[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: 9CFR202.103]

[Page 32-33]
 
                  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. 202.103  Rule 3: Beginning a reparation proceeding.

    (a) Filing. A reparation proceeding is begun by filing a complaint. 
Any interested person (including any agency of a state or territory 
having jurisdiction over persons subject to the Act in such state or 
territory) desiring to complain of anything done or omitted to be done 
by any stockyard owner, market agency, or dealer in violation of 
sections 304, 305, 306, or 307, or of an order of the Secretary made 
under title III, of the Act, may file a complaint to begin a reparation 
proceeding.
    (b) Form. The complaint must be in writing, state the facts of the 
matter complained of, identify each person complained against 
(respondent), and identify each person who complains against such 
respondent and claims reparation from such respondent. It may be on a 
printed form supplied by the Agency, or may be a formal document, or may 
be a letter, mailgram, or telegram. It may be typewritten or 
handwritten. If it is not on a printed form supplied by the Agency, the 
Agency Head may, prior to docketing of the proceeding, recommend to the 
complainant that an amended complaint be filed on such a printed form.
    (c) Contents and attachments. So far as practicable, the complaint 
should include the following items as applicable:
    (1) Date and place where the alleged violation occurred;
    (2) Quantity and quality of the livestock involved;
    (3) Whether a sale is involved and, if so, the date, sale price, and 
amount actually paid and received;
    (4) Whether a consignment is involved and, if so the date, reported 
proceeds, gross, net;

[[Page 33]]

    (5) Amount of reparation claimed, and method of computation;
    (6) Name and address of each partner or member, if a partnership or 
joint venture is involved;
    (7) Name and address of each person involved, including any agent 
representing the complainant or the respondent in the transaction 
involved;
    (8) Other material facts, including terms of contract; and
    (9) True copies of all available papers relating to the transaction 
complained about, including shipping documents, letters, telegrams, 
invoices, manifests, accounts of sales, and special contracts or 
agreements, and checks and drafts. If it appears that any such item has 
been omitted from the complaint, the Agency Head may, prior to docketing 
of the proceeding, recommend to the complainant that such item be 
supplied by written amendment to the complaint.
    (d) Where to file. The complaint should be transmitted or delivered 
to any area office of the Agency, or to the headquarters of the Agency 
in Washington, DC, or delivered to any full time employee of the Agency.
    (e) Time for filing. The complaint must be received by the 
Department within 90 days after accrual of the cause of action alleged 
in it. If a complaint is transmitted or delivered to an office of the 
Department, it shall be deemed to be received by the Department when it 
reaches such office. If a complaint is delivered to a full time employee 
of the Agency, it shall be deemed to be received by the Department when 
it is received by such employee.
    (f) Amendment. The complaint may be amended at any time prior to the 
close of an oral hearing or the filing of the last evidence in a written 
hearing, except that:
    (1) An amendment cannot add a respondent if it is filed more than 90 
days after accrual of the cause of action against such respondent;
    (2) An amendment cannot state a new and different cause of action if 
it is filed more than 90 days after accrual of such new and different 
cause of action; and
    (3) After the first amendment, or after the filing of an answer by 
the respondent, an amendment may not be filed without the written 
consent of the respondent, or leave of the presiding officer, or, prior 
to docketing of the proceeding, leave of the Agency Head. Any such 
amendment must be filed in writing and signed by the complainant or the 
attorney or representative of the complainant. If any such amendment is 
filed before the initial service of the complaint on the respondent, it 
shall be served on the respondent only if the complaint is served as 
provided in Rule 4(b), Sec. 202.104(b). If any such amendment is filed 
after such service, it shall be served on the respondent in any case.
    (g) Withdrawal. At any time, a complainant may withdraw a complaint 
filed by or on behalf of the same complainant, thus terminating the 
reparation proceeding on such complaint unless a counterclaim or another 
complaint is pending therein. If a complainant fails to cooperate with 
the Secretary in the disposition of the matter complained of, such 
complainant may be presumed to desire to withdraw the complaint filed by 
or on behalf of such complainant, after service on the parties of 
written notice of the facts of such failure and reasonable opportunity 
for such complainant to state whether such presumption is correct.

[43 FR 30510, July 14, 1978, as amended at 60 FR 8465, Feb. 14, 1995]