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(c) Notice. The Secretary shall give notice of the filing of a petition for enforcement or review to the Attorney General, and to the association, by service of a copy of the petition.
Sec. 2.24 (Reserved) 2.25 Delegations of authority to the Assist
ant Secretary for Administration. 2.26 Reservations of authority. 2.27 Delegations of authority to the Assist
ant Secretary for Economics. 2.28 Reservations of authority. 2.29 Delegations of authority to the Assist
ant Secretary for Governmental and Public Affairs.
PART 2-DELEGATIONS OF AUTHOR
ITY BY THE SECRETARY OF AGRI-
Sec. 2.1 Establishment of the Department. 2.2 Authority of the Secretary to prescribe
regulations. 2.3 Authority of the Secretary to delegate
authority. 2.4 General officers. 2.5 Order in which Officers of the Depart
ment shall act as Secretary.
Subpart D-Delegation of Authority to Other
General Officers and Agency Heads 2.31 Delegation of authority to the Gener
al Counsel. 2.32 (Reserved) 2.33 Delegations of authority to the In
spector General. 2.34 Reservations of authority. 2.35 Delegations of authority to the Judi
cial Officer. 2.36 Director, Office of Budget and Pro
gram Analysis. 2.37 Reservations of authority. 2.39 Delegations of authority to the Direc
tor of Science and Education. 2.40 Reservations of authority. 2.41 Designation to the Office of Adminis
trative Law Judges. 2.43 Director, Office of Consumer Affairs.
Subpart B-General Delegations of Authority
by the Secretary of Agriculture 2.7 Authority to supervise and direct. 2.8 Additional delegations. 2.9 Limitations. 2.10 New principles and periodic reviews. 2.11 Secretary and general officers not pre
cluded from exercising delegated
powers. 2.12 Status of prior delegations.
Subpart E-Delegations of Authority by the
Subpart C-Delegations of Authority to the
Deputy Secretary, the Under Secretary for International Affairs and Commodity Programs, Assistant Secretaries, the Director of
Economics, Policy Analysis and Budget 2.13 Delegations of authority to the
Deputy Secretary. 2.14 Reservations of authority. 2.15 Delegations of authority to the Assist
ant Secretary for Food and Consumer
Services. 2.16 Reservations of authority. 2.17 Delegations of authority to the Assist
ant Secretary for Marketing and Inspec
tion Services. 2.18 Reservations of authority. 2.19 Delegations of authority to the Assist
ant Secretary for Natural Resources and
Environment. 2.20 Reservations of authority. 2.21 Delegations of authority to the Under
Secretary for International Affairs and
Commodity Programs. 2.22 Reservations of authority. 2.23 Delegations of authority to the Under
Secretary for Small Community and
Subpart F-Delegations of Authority by the
Assistant Secretary for Marketing and In
spection Services 2.49 Deputy Assistant Secretary for Mar
keting and Inspection Services. 2.50 Administrator, Agricultural Marketing
Service. 2.51 Administrator, Animal and Plant
Health Inspection Service. 2.52 Director, Office of Transportation. 2.53 Administrator, Federal Grain Inspec
tion Service. 2.54 Administrator, Agricultural, Coopera
tive Service. 2.55 Administrator, Food Safety and In
spection Service. 2.56 Administrator, Packers and Stock
yards Administration. 2.57 Director, Marketing and Inspection
Subpart G-Delegations of Authority by the
Assistant Secretary for Natural Resources and Environment
2.59 Deputy Assistant Secretary for Natu
ral Resources and Environment. 2.60 Chief, Forest Service. 2.61 (Reserved]
nent. The officer and the time and place need not be the same as those suggested in the motion.
(c) Qualifications of officer. The deposition shall be made before the Judge or before an officer authorized by the law of the United States or by the law of the place of the examination to administer oaths, or before an officer authorized by the Secretary to administer oaths.
(d) Procedure on examination. (1) The deponent shall be examined under oath or affirmation and shall be subject to cross-examination. Objections to questions or documents shall be in short form, stating the grounds of objections relied upon. The questions proponded, together with all objections made (but not including argument or debate), shall be recorded verbatim. In lieu of oral examination, parties may transmit written questions to the officer prior to the examination and the officer shall propound such questions to the deponent.
(2) The applicant shall arrange for the examination of the witness either by oral examination, or by written questions upon agreement of the parties or as directed by the Judge. If the examination is conducted by means of written questions, copies of the questions shall be served upon the other party to the proceeding and filed with the officer at least 10 days prior to the date set for the examination unless otherwise agreed, and the other party may serve cross questions and file them with the officer at any time prior to the time of the examination.
(e) Certification by officer. The officer shall certify on the deposition that the deponent was duly sworn and that the deposition is a true record of the deponent's testimony. The officer shall then securely seal the deposition, together with one copy thereof (unless there are more than two parties in the proceeding, in which case there should be another copy for each additional party), in an envelope and mail the same by registered or certified mail to the Hearing Clerk.
(f) Corrections to the transcript. (1) At any time prior to the hearing, any party may file a motion proposing corrections to the transcript of the deposition.
(2) Unless a party files such motion in the manner prescribed, the transcript shall be presumed, except for obvious typographical errors, to be a true, correct, and complete transcript of the testimony given in the deposition proceeding and to contain an accurate description or reference to all exhibits in connection therewith, and shall be deemed to be certified correct without further procedure.
(3) At any time prior to use of the deposition in accordance with paragraph (g) of this section and after consideration of any objections filed thereto, the Judge may issue an order making any corrections in the transcript which the Judge finds are warranted, which corrections shall be entered onto the original transcript by the Hearing Clerk (without obscuring the original text).
(g) Use of deposition. A deposition ordered and taken in accordance with the provisions of this section may be used in a proceeding under these rules if the Judge finds that the evidence is otherwise admissible and (1) that the witness is dead; (2) that the witness is unable to attend or testify because of age, sickness, infirmity, or imprisonment; (3) that the party offering the deposition has endeavored to procure the attendance of the witness by subpoena, but has been unable to do so; or (4) that such exceptional circumstances exist as to make it desirable, in the interests of justice, to allow the deposition to be used. If the party upon whose motion the deposition was taken refuses to offer it in evidence, any other party may offer the deposition or any part thereof in evidence. If only part of a deposition is offered in evidence by a party, an adverse party may require the introduction of any other part which ought in fairness to be considered with the part introduced, and any party may introduce any other parts.
8 1.149 Subpoenas.“
(a) Issuance of subpoenas. The attendance and testimony of witnesses
*This section relates only to subpoenas for the stated purpose and has no relevance with respect to investigatory subpoenas.
The head of an executive department
may prescribe regulations for the government of his department, the conduct of its employees, the distribution and performance of its business, and the custody, use and preservation of its records, papers, and property
$ 2.3 Authority of the Secretary to dele
gate authority. The general authority of the Secretary to make delegations of his authority is based on section 4(a) of Reorganization Plan No. 2 of 1953 which provides:
The Secretary of Agriculture may from time to time make such provisions as he shall deem appropriate authorizing the performance by any other officer, or by an agency or employee, of the Department of Agriculture of any function of the Secretary, including any function transferred to the Secretary by the provisions of this reorganization plan.
munity and Rural Development shall act as Secretary in the order in which they have taken office as an Under Secretary. In the event that both Under Secretaries shall have taken office simultaneously, they shall act as Secretary in the order in which they are listed herein.
(b) In the case of the absence, sickness, resignation, or death of the Secretary, the Deputy Secretary, the Under Secretary for International Affairs and Commodity Programs and the Under Secretary for Small Community and Rural Development, the Assistant Secretary for Natural Resources and Environment, the Assistant Secretary for Food and Consumer Services, the Assistant Secretary for Marketing and Inspection Services, the Assistant Secretary for Governmental and Public Affairs, and the Assistant Secretary for Economics shall act as Secretary in the order in which they have taken office as an Assistant Secretary. In the event that any two
more Assistant Secretaries shall have taken office on the same date, they shall act as Secretary in the order in which they are listed herein.
(c) In the case of the absence, sickness, resignation, or death of the Secretary, the Deputy Secretary, the Under Secretary for International Affairs and Commodity Programs, the Under Secretary for Small Community and Rural Development, and the Assistant Secretaries referred to in paragraph (b) of this section, the General Counsel shall act as Secretary. [46 FR 21985, Apr. 15, 1981, as amended at 46 FR 47748, Sept. 30, 1981)
8 2.4 General officers.
The work of the Department is under the supervision and control of the Secretary who is assisted by the following general officers: The Deputy Secretary; the Under Secretary for International Affairs and Commodity Programs; the Under Secretary for Small Community and Rural Development; the Assistant Secretary for Natural Resources and Environment; the Assistant Secretary for Food and Consumer Services; the Assistant Secretary for Marketing and Inspection Services; the Assistant Secretary for Governmental and Public Affairs; the Assistant Secretary for Economics; the General Counsel; the Assistant Secretary for Administration; the Inspector General; the Judicial Officer; the Director of Science and Education; and the Director, Office of Budget and Program Analysis. (46 FR 47748, Sept. 30, 1981) 8 2.5 Order in which Officers of the De
partment shall act as Secretary. (a) Pursuant to Executive Order 11957, dated January 13, 1977 (42 FR 3295), in the case of the absence, sickness, resignation, or death of both the Secretary and the Deputy Secretary, the Under Secretary for International Affairs and Commodity Programs and the Under Secretary for Small Com
Subpart B-General Delegations of
Authority by the Secretary of Agriculture
8 2.7 Authority to supervise and direct.
Unless specifically reserved, or otherwise delegated, the delegations of authority to each general officer of the Department and each agency head contained in this part or elsewhere includes the authority to direct and supervise the employees engaged in the conduct of activities under his jurisdiction, and the authority to take any action, execute any document, author
(3) All written responses, and memo- (b) “Complaint” means a formal randa stating the substance of all oral complaint instituted by the Secretary responses thereto.
of Agriculture requiring respondent to (d) Upon receipt of a communication show cause why an order should not knowingly made or knowingly caused be made directing it to cease and desist to be made by a party in violation of from acts of monopolization or rethis section, the Judge or Judicial Of- straint of trade, which result in undue ficer may, to the extent consistent price enhancement. with the interests of justice and the
(c) "Complainant" or "Secretary” policy of the underlying statute, re
means the Secretary of Agriculture, quire the party to show cause why his
United States Department of Agriculclaim or interest in the proceeding
ture, or any officer(s) or employee(s) should not be dismissed, denied, disre
to whom authority has heretofore garded, or otherwise adversely affect
been delegated, or whom authority ed on account of such violation.
may hereafter he delegated, to act in (e) To the extent consistent with the
his stead. interests of justice and the policy of the underlying statute, a violation of
(d) “Respondent” means the cooper
ative associations, or this section shall be sufficient grounds
association, for a decision adverse to the party who
against whom a complaint has been
issued. knowingly commits a violation of this section or who knowingly causes such
(e) “Hearing Clerk” means the Heara violation to occur.
ing Clerk, United States Department (f) For purposes of this section “ex
of Agriculture, Washington, D.C. parte communication” means an oral
20250. or written communication not on the (f) “Judge” means any Administrapublic record with respect to which tive Law Judge appointed pursuant to reasonable prior notice to all parties is 5 U.S.C. 3105 (the Administrative Pronot given, but it shall not include re- cedure Act) and assigned to the proquests for status reports on any ceeding involved. matter or the proceeding.
(g) “Judicial Officer" means an offi
cial of the United States Department Subpart 1-Rules of Practice Govern- of Agriculture delegated authority by
ing Cease and Desist Proceedings the Secretary, pursuant to the Act of Under Section 2 of the Capper-Vol- April 4, 1940 (7 U.S.C. 450c-450g) and stead Act
Reorganization Plan No. 2 of 1953 (5
U.S.C. 1976 ed., Appendix, p. 764), to AUTHORITY: 42 Stat. 388, 7 U.S.C. 291, 292. perform the function involved (7 CFR SOURCE: 45 FR 6587, Jan. 29, 1980, unless
2.35), or the Secretary if he exercises otherwise noted.
the authority so delegated.
(h) “Decision" means: (1) the 8 1.160 Scope and applicability of rules in Judge's decision, and includes (i) findthis part.
ings and conclusions and the reasons The rules of practice in this part
or basis therefor on all material issues shall be applicable to cease and desist of fact, law, or discretion, (ii) order, proceedings, initiated upon complaint and (iii) rulings on proposed findings, by the Secretary of Agriculture, pursu- conclusions and order submitted by ant to section 2 of the Capper-Vol- the parties, and (2) the decision and stead Act.
order by the Judicial Officer upon an
appeal of the Judge's decision. 8 1.161 Definitions.
(i) “Hearing” means that part of the As used in this part, words in the proceeding which involves the submissingle form shall be deemed to import sion of evidence before the Judge for the plural, and vice versa, as the case
the record in the proceeding. may require. The following terms shall (j) “Association" means a cooperabe construed, respectively, to mean: tive association, a federation of coop
(a) “Act” means the Capper-Vol- eratives, or other association of agristead Act, approved February 18, 1922, cultural producers, as defined in sec42 Stat. 388, 7 U.S.C. 291, 292.
tion 1 of the Act.
$ 2.15 Delegations of authority to the As
sistant Secretary for Food and Consumer Services. The following delegations of authority are made by the Secretary of Agriculture to the Assistant Secretary for Food and Consumer Services:
(a) Related to food and nutrition. (1) Administer the following legislation:
(i) The Food Stamp Act of 1964, as amended (7 U.S.C. 2011-2025).
(ii) National School Lunch Act of 1946, as amended (42 U.S.C. 17511763), except procurement of agricultural commoditites and other foods under section 6 thereof.
(iii) Child Nutrition Act of 1966, as amended (42 U.S.C. 1771-1785).
(2) Administer those functions relating to the distribution and donation of agricultural commodities and products thereof under the following legislation:
(i) Clause (3) of section 416, Agricultural Act of 1949, as amended (7 U.S.C. 1431), except the estimate and announcement of the types and varieties of food commodities, and the quantities thereof, to become available for distribution thereunder.
(ii) Section 709 of the Food and Agriculture Act of 1965, as amended (7 U.S.C. 1446a-1).
(iii) Section 32 of the Act of August 24, 1935, as amended (7 U.S.C. 612c), as supplemented by the Act of June 28, 1937 (15 U.S.C. 713c), and related legislation.
(iv) Section 9 of the Act of September 6, 1958 (7 U.S.C. 1431b).
(v) Section 210 of the Agricultural Act of 1956 (7 U.S.C. 1859), except with respect to donations to Federal penal and correctional institutions.
(vi) Section 402 of the Mutual Security Act of 1954, as amended (22 U.S.C. 1922).
(vii) Section 707 of the Older Americans Act of 1965, as amended (42 U.S.C. 3045f).
(viii) Sections 203 and 233 of the Disaster Relief Act of 1970 (42 U.S.C. 4413, 4457).
(3) Administer those functions relating to the distribution of food coupons under section 238 of the Disaster Relief Act of 1970 (42 U.S.C. 4457).
(4) In connection with the functions assigned in paragraphs (b)(1), (2) and
(3) of this section, relating to the distribution and donation of agricultural commodities and products thereof and food coupons to eligible recipients, authority to determine the requirements for such agricultural commodities and products thereof and food coupons to be so distributed.
(5) Receive donation of food commodities under clause (3) of section 416 of the Agricultural Act of 1949, as amended, and section 709 of the Food and Agricultural Act of 1965, as amended.
(b) Related to human nutrition information. (1) Assemble and collect food and nutrition education materials, including the results of nutrition research, training methods, procedures, and other materials related to the purpose of the National Agricultural Research, Extension, and Teaching Policy Act of 1977; maintain such information; and provide for the dissemination of such information and materials on a regular basis to State educational agencies and other interested parties (7 U.S.C. 3126).
(2) Appraise the nutritive content of the U.S. food supply.
(3) Develop and make available data on the nutrient composition of foods needed by Federal, State, and local agencies administering food and nutrition programs, and the general public to improve the nutritional quality of American diets.
(4) Develop family and food plans at different costs for use as standards by families of different sizes, sex-age composition and economic levels.
(5) Develop suitable and safe preparation and management procedures to retain nutritional and eating qualities of food served in homes and institutions.
(6) Develop materials to aid the public in meeting dietary needs, with emphasis on food selection for good nutrition and appropriate costs, and food preparation to avoid waste, maximize nutrient retention, minimize food safety hazards, and conserve energy.
(7) Develop food plans for use in establishing food stamp benefit levels, and assess the nutritional impact of Federal programs.
(8) Design and carry out periodic nationwide food consumption surveys to