[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: 9CFR202.104]

[Page 33-34]
 
                  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. 202.104  Rule 4: Agency action.

    (a) Informal disposition. If there appears to be any reasonable 
ground for doing so, the Agency Head shall investigate the matter 
complained of. If the Agency Head reasonably believes that there are not 
sufficient facts to form the basis for further proceeding, the matter 
may be dropped, without prejudice to subsequent court action on the same 
cause of action; if it is dropped, the person filing the complaint shall 
be informed. If the statements in the complaint, and information 
obtained in the investigation, seem to warrant such action, the Agency 
Head may make an effort to obtain the consent of the parties to an 
amicable or informal adjustment of the matter by communication with the 
parties or their attorneys or

[[Page 34]]

representatives. Such communication may be written or oral or both.
    (b) Service of complaint. If the matter is not disposed of as 
provided in paragraph (a), the complaint, together with any amendment 
which has been filed, shall be served on the respondent with a notice 
that an answer is required.
    (c) Service of report of investigation. A report prepared by the 
Agency, of its investigation of the matter complained of, and 
supplements to such a report, may be served on the parties and made a 
part of the record of the proceeding. Whether such a report or 
supplement shall be prepared, and whether it shall be served on the 
parties and made a part of the record, and its contents, shall be in the 
discretion of the Agency Head. The Judicial Officer shall consider 
information in such a report or supplement as part of the evidence in 
the proceeding, to the extent that such information is relevant and 
material to the proceeding. Any party may submit evidence in rebuttal of 
such information as is provided generally in these rules for the 
submission of evidence. Oral testimony, to the extent credible, shall be 
given greater weight as evidence than such information.