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preclude the Secretary or general offi. cer from exercising any of the authority so delegated.
ize any expenditure, promulgate any rule, regulation, order, or instruction required by or authorized by law and deemed by the general officer or agency head to be necessary and proper to the discharge of his responsibilities. This authority will be exercised subject to applicable administrative rules and regulations. Unless otherwise provided, a general officer or agency head may, subject to his continuing responsibility for the proper discharge of delegations made to him, in his part or elsewhere, delegate and provide for the redelegation of his authority to appropriate officers and employees. Subject to the general supervision of the Secretary, agency heads who are delegated authority from a general officer, in this part or elsewhere, report to and are under the supervision of that general officer.
§ 2.12 Status of prior delegations.
Nothing in this part shall affect the bylaws of the Commodity Credit Corporation, the Federal Crop Insurance Corporation, or the Rural Telephone Bank. All delegations previously made which are inconsistent with delegations made in this part are superseded; however, any regulation, order, authorization, expenditure, or other instrument, heretofore issued or made pursuant to any delegation of authority shall continue in full force and effect unless and until withdrawn or superseded pursuant to authority granted in this part.
[39 FR 13625, Apr. 16, 1974)
$ 2.8 Additional delegations.
The authority granted to a general officer may be exercised in the discharge of any additional functions which the Secretary may assign.
Subpart C-Delegations of Authority
to the Deputy Secretary, the Under Secretary for International Affairs and Commodity Programs, the Under Secretary for International Affairs and Commodity Programs, the Under Secretary for Small Community and Rural Development, Assistant Secretaries, and the Director of Economics, Policy Analysis and Budget
8 2.9 Limitations.
The delegations made in this part shall not be construed to confer upon any general officer or agency head the authority of the Secretary to prescribe regulations which by law require approval of the President.
$ 2.10 New principles and periodic re
views. In the exercise of authority delegated by the Secretary, the application of new principles of major importance or a departure from principles established by the Secretary should be brought to the attention of the Secretary. General officers are responsible for assuring that periodic reviews are conducted of the activities of the agencies assigned to their direction and supervision, as required by 5 U.S.C. 305.
8 2.13 Delegations of authority to the
Deputy Secretary. The following delegations of authority are made by the Secretary of Agriculture to the Deputy Secretary:
(a) General. Perform all of the duties and exercise all of the powers and functions which are now or which may hereafter be, vested in the Secretary of Agriculture. This delegation is subject to the limitation in $ 2.9. (37 FR 28463, Dec. 27, 1972. Redesignated and amended at 42 FR 35626, July 11, 1977; 42 FR 60721, Nov. 29, 1977)
8 2.14 Reservations of authority.
The following authorities are reserved to the Secretary of Agriculture.
8 2.11 Secretary and general officers not
precluded from exercising delegated
powers. No delegation of authority by the Secretary or a general officer contained in this part or elsewhere shall
[37 FR 28463, Dec. 27, 1972, as amended at 41 FR 3463, Jan. 23, 1976. Redesignated at 42 FR 35626, July 11, 1977)
$ 2.15 Delegations of authority to the As
sistant Secretary for Food and Con
sumer 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 Agricul. tural 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, maxi. mize 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 time and place of the hearing may be changed for good cause, by the Judge, upon motion of either complainant or respondent.
(b) Appearances. The parties may appear in person or by counsel or by other representative. Persons who appear as counsel or in a representative capacity must conform to the standards of ethical conduct required of practitioners before the courts of the United States.
(c) Order of Proceeding. Except as otherwise may be agreed by the parties and approved by the Judge, the complainant shall proceed first at the hearing.
(d) Failure to Appear. If respondent, after being duly notified, fails to appear at the hearing, and no good cause for such failure is established, complainant shall present a prime facie case on the matters denied in the answer.
(e) Evidence. (1) The testimony of witnesses at the hearing shall be upon oath or affirmation, reported verbatim, and subject to cross-examination. Evidence which is immaterial, irrelevant, or unduly repetitious, or which is not of the sort upon which responsible persons are accustomed to rely, shall be excluded insofar as practicable.
(2) Objections. If a party objects to the admission of any evidence or to the limitation of the scope of any examination or cross-examination, he shall briefly state the grounds of such objections, whereupon an automatic exception will follow if the objection is overruled by the Judge. The ruling of the Judge on any objection shall be part of the transcript. Only objections made before the Judge may subsequently be relied upon in the proceeding.
(3) Official Records or Documents. An official record or document, if admissible for any purpose, shall be admissible in evidence without the production of the person who made or prepared the same, and shall be prima facie evidence of the relevant facts stated therein. Such record or document shall be evidenced by an official publication thereof, or by a copy certified by a person having legal authority to make such certification.
(4) Exhibits. Unless the Judge finds that the furnishing of multiple copies is impracticable, four copies of each exhibit shall be filed with the Judge unless the Judge finds that a greater or lesser number is desirable. A true copy of an exhibit may be substituted for the original.
(5) Official Notice. Official notice shall be taken of such matters as are judicially noticed by the courts of the United States and of any other matter of technical, scientific, or commercial fact of established character: Provided, That the opposing party shall be given adequate opportunity to show that such facts are erroneously noticed.
(6) Offer of Proof. Whenever evidence is deleted from the record, the party offering such evidence may make an offer of proof, which shall be included in the transcript. The offer of proof shall consist of a brief statement describing the evidence
excluded. If the evidence consists of a brief oral statement or of an exhibit, it shall be inserted into the transcript in toto. In such event, it shall be considered a part of the transcript and record if the Judicial Officer decides that the Judge's ruling in excluding the evidence was erroneous and prejudicial. The Judge shall not allow the insertion of such excluded evidence in toto if the taking of such evidence will consume considerable time at the hearing. In the latter event, if the Judicial Officer decides that the Judge's ruling excluding the evidence both prejudicial and erroneous, the hearing may be reopened to permit the taking of such evidence.
(7) Affidavits. Affidavits may be submitted into evidence, in lieu of witness testimony, only to the extent, and in the manner agreed upon by the parties.
$ 1.169 Post-hearing procedure and deci
sion. (a) Corrections to Transcript. (1) At any time, but not later than the time fixed for filing proposed findings of fact, conclusions and order, or briefs, as the case may be, any party may file a motion proposing corrections to the transcript.
(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 at the hearing and to contain an accurate description or reference to all exhibits received in evidence and made part of the hearing record.
(3) At any time prior to the filing of the Judge's decision and after consideration of any objections filed as to the transcript, 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 obscurring the original text).
(b) Proposed Findings of Fact, Conclusions, Order and Briefs. The parties may file with the Hearing Clerk proposed findings of fact, conclusions and orders based solely upon the record and on matters subject to official notice, and briefs in support thereof. The Judge shall announce at the hearing a definite period of time within which these documents may be filed.
(c) Judge's Decision. The Judge, within a reasonable time after the termination of the period allowed for the filing of proposed findings of fact, conclusions and order, and briefs in support thereof, shall prepare, upon the basis of the record and matters officially noticed, and shall file with the Hearing Clerk, the Judge's decision, a copy of which shall be served the Hearing Clerk upon each of the parties. Such decision shall become final and effective without further proceedings 35 days after the date of service thereof upon the respondent, unless there is an appeal to the Judicial Officer by a party to the proceeding pursuant to $ 1.170: Provided, That no decision shall be final for purposes of a request for Judicial Review, as provided in § 1.175(a) in, except a final decision of the Judicial Officer on appeal.
any ruling by the Judge or any alleged deprivation of rights, may appeal such decision to the Judicial Officer by filing an appeal petition with the Hearing Clerk. As provided in § 1.167(e)(2), objections regarding evidence or a limit ion regarding examination or cross-examination or other ruling made before the Judge may be relied upon in an appeal. Each issue set forth in the petition, and the arguments thereon, shall be separately numbered; shall be plainly and concisely stated; and shall contain detailed citations to the record, statutes, regulations or authorities being relied upon in support thereof. A brief may be filed in support of the appeal simultaneously with the petition.
(b) Response to Appeal Petition. Within 20 days after the service of a copy of an appeal petition and any brief in support thereof, filed by a party to the proceeding, any other party may file with the Hearing Clerk a response in support of or in opposition to the appeal and in such response any relevant issue, not presented in he appeal petition, may be raised.
(c) Transmittal of Record. Whenever an appeal of a Judge's decision is filed and a response thereto has been filed or time for filing a response has expired, the Hearing Clerk shall transmit to the Judicial Officer the record of the proceeding. Such record shall include: the pleadings; motions and requests filed and rulings thereon; the transcript of the testimony taken at the hearing, together with the exhibits filed in connection therewith; any documents or papers filed in connection with a prehearing conference; such proposed findings of fact, conclusions, and orders, and briefs in support thereof, as may have been filed in connection with the proceeding; the Judge's decision; such exceptions, statements of objections and briefs in support thereof as may have been filed in the proceeding; and the appeal petition, and such briefs in support thereof and responses thereto as may have been filed in the proceeding.
(d) Oral Argument. A party bringing an appeal may request, within the prescribed time for filing such appeal, an opportunity for oral arguments before
$ 1.170 Appeal to the Judicial Officer.
(a) Filing of Petition. Within 30 days after receiving service of the Judge's decision, a party who disagrees with the decision, or any part thereof, or
the proper forum. A final order issued by the Judicial Officer shall be filed with the Hearing Clerk. Such order may be regarded by the respondent as final for purposes of a request for judicial review as provided in § 1.175(a) herein.
8 1.171. Intervention.
Intervention under these rules shall not be allowed, except that, in the discretion of the Judicial Officer, or the Judge, any person showing a substantial interest in the outcome of the proceeding shall be permitted to participate in oral or written argument pursuant to $ $ 1.169 and 1.170 herein.
the Judicial Officer. Within the time allowed for filing a response, appellee may file a request in writing for opportunity for such an oral argument. Failure to make such request in writing, within the prescribed time period, shall be deemed a waiver of oral argument. The Judicial Officer may grant, refuse, or limit any request for oral argument. Oral argument shall not be transcribed unless so ordered in advance by the Judicial Officer for good cause shown upon request of a party or upon the Judicial Officer's own motion.
(e) Scope of Argument. Argument to be heard on appeal, whether oral or on brief, shall be limited to the issues raised in the appeal or in the response to the appeal, except that if the Judicial Officer determines that additional issues should be argued, the parties shall be given reasonable notice of such determination, so as to permit preparation of adequate arguments on all issues to be argued.
(f) Notice of Argument; Postponement. The Hearing Clerk shall advise all parties of the time and place at which oral argument will be heard. A request for postponement of the argument must be made by motion filed a reasonable amount of time in advance of the date fixed for argument.
(g) Order of Argument. The appellant is entitled to open and conclude the argument.
(h) Submission on Briefs. By agreement of the parties, an appeal may be submitted for decision on the briefs, but the Judicial Officer may direct that the appeal be argued orally.
(i) Decision of the Judicial Officer on Appeal. As soon as practicable after the receipt of the record from the Hearing Clerk, or, in case oral argument was had, as soon as practicable thereafter, the Judicial Officer, upon the basis of and after due consideration of the record and any matter of which official notice is taken, shall rule on the appeal. If the Judicial Officer decides that no change or modification of the Judge's decision is warranted, the Judicial Officer may adopt the Judge's decision as the final order in the proceeding, preserving any right of the party bringing the appeal to seek judicial review of such decision in
§ 1.172 Motions and requests.
(a) General. All motions and requests shall be filed with the Hearing Clerk, and shall be served upon the parties, except those made on record during the oral hearing. The Judge shall rule upon all motions and requests filed or made prior to the filing of the certification of the transcript. Thereafter, the Judicial Officer will rule on any motions or requests.
(b) Motions Entertained. Any motion will be entertained except a motion to dismiss on the pleadings. All motions and requests concerning the complaint must be made within the time allowed for filing an answer.
(c) Contents. All written motions and requests shall state the particular order, ruling, or action desired and the grounds therefor.
(d) Response to Motions in Request. Within ten days after service of any written motion or request, or within such shorter or longer period as may be fixed by the Judge or the Judicial Officer the opposing party may file a response to the motion or request.
(e) Certification to the Judicial Officer. The submission or certification of any motion request, objection, or other question to the Judicial Officer prior to the time when the Judge's certification of the transcript is filed with the Hearing Clerk, shall be made by and in the discretion of the Judge. The Judge may either rule upon or certify the motion, request, objection, or other question to the Judicial Officer, but not both.