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Code of Federal Regulations (Last Updated: April 5, 2024) |
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Title 7 - Agriculture |
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Subtitle A - Office of the Secretary of Agriculture |
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Part 1 - Administrative Regulations |
| Subpart A - Official Records |
| § 1.1 - General provisions. |
| § 1.2 - Public reading rooms. |
| § 1.3 - Requirements for making a records request. |
| § 1.4 - Requirements for responding to records requests. |
| § 1.5 - Responses to records requests. |
| § 1.6 - Timing of responses to perfected records requests. |
| § 1.7 - Records responsive to records requests. |
| § 1.8 - Requirements for processing records requests seeking business information. |
| § 1.9 - Administrative appeals. |
| § 1.10 - Authentication under Departmental Seal and certification of records. |
| § 1.11 - Preservation of records. |
| § 1.12 - Fees and fee schedule. |
| § 1.13 - Date of receipt of requests or appeals. |
| § 1.14 - Appeals. |
| § 1.15 - General provisions respecting release of records. |
| § 1.16 - Extension of administrative deadlines. |
| § 1.17 - Failure to meet administrative deadlines. |
| § 1.18 - Fee schedule. |
| § 1.19 - Exemptions and discretionary release. |
| § 1.20 - Annual report. |
| § 1.21 - Compilation of new records. |
| § 1.22 - Authentication. |
| § 1.23 - Records in formal adjudication proceedings. |
| § 1.24 - Preservation of records. |
| § 1.25 - Implementing regulations for the Office of the Secretary and the Office of Communications. |
| Appendix A to Subpart A - Fee Schedule |
| Appendix A to Subpart A of Part 1 - Fee Schedule |
| Subpart B - Departmental Proceedings |
| § 1.26 - Representation before the Department of Agriculture. |
| § 1.27 - Rulemaking and other notice procedures. |
| § 1.28 - Petitions. |
| § 1.29 - Subpoenas relating to investigations under statutes administered by the Secretary of Agriculture. |
| Subpart C - Judicial Proceedings |
| § 1.41 - Service of process. |
| Subpart D - Claims |
| § 1.51 - Claims based on negligence, wrongful act or omission. |
| Subpart E - Cooperative Production of Television Films |
| § 1.71 - Purpose. |
| § 1.72 - Policy. |
| § 1.73 - Responsibility. |
| § 1.74 - Basis for special working relationships. |
| § 1.75 - General stipulations. |
| § 1.76 - Department cooperation. |
| § 1.77 - Assignment of priorities. |
| § 1.78 - Development of special working relationships. |
| § 1.79 - Credits. |
| Subpart G - Privacy Act Regulations |
| § 1.110 - Purpose and scope. |
| § 1.111 - Definitions. |
| § 1.112 - Procedures for requests pertaining to individual records in a record system. |
| § 1.113 - Times, places, and requirements for identification of individuals making requests. |
| § 1.114 - Disclosure of requested information to individuals. |
| § 1.115 - Special procedures: Medical records. |
| § 1.116 - Request for correction or amendment to record. |
| § 1.117 - Agency review of request for correction or amendment of record. |
| § 1.118 - Appeal of initial adverse agency determination on correction or amendment. |
| § 1.119 - Disclosure of record to person other than the individual to whom it pertains. |
| § 1.120 - Fees. |
| § 1.121 - Penalties. |
| § 1.122 - General exemptions. |
| § 1.123 - Specific exemptions. |
| Appendix A - Internal Directives |
| Appendix A to Subpart G - Internal Directives |
| Appendix A to Subpart G of Part 1 - Internal Directives |
| Subpart H - Rules of Practice Governing Formal Adjudicatory Proceedings Instituted by the Secretary Under Various Statutes |
| § 1.130 - Meaning of words. |
| § 1.131 - Scope and applicability of this subpart. |
| § 1.132 - Definitions. |
| § 1.133 - Institution of proceedings. |
| § 1.134 - Docket number. |
| § 1.135 - Contents of complaint or petition for review. |
| § 1.136 - Answer. |
| § 1.137 - Amendment of complaint, petition for review, or answer; joinder of related matters. |
| § 1.138 - Consent decision. |
| § 1.139 - Procedure upon failure to file an answer or admission of facts. |
| § 1.140 - Conferences and procedure. |
| § 1.141 - Procedure for hearing. |
| § 1.142 - Post-hearing procedure. |
| § 1.143 - Motions and requests. |
| § 1.144 - Judges. |
| § 1.145 - Appeal to Judicial Officer. |
| § 1.146 - Petitions for reopening hearing; for rehearing or reargument of proceeding; or for reconsideration of the decision of the Judicial Officer. |
| § 1.147 - Filing; service; extensions of time; and computation of time. |
| § 1.148 - Depositions. |
| § 1.149 - Subpoenas. |
| § 1.150 - Fees of witnesses. |
| § 1.151 - Ex parte communications. |
| Subpart I - Rules of Practice Governing Cease and Desist Proceedings Under Section 2 of the Capper-Volstead Act |
| § 1.160 - Scope and applicability of rules in this part. |
| § 1.161 - Definitions. |
| § 1.162 - Institution of proceedings. |
| § 1.163 - The complaint. |
| § 1.164 - Answer. |
| § 1.165 - Amendments. |
| § 1.166 - Consent order. |
| § 1.167 - Conference. |
| § 1.168 - Procedure for hearing. |
| § 1.169 - Post-hearing procedure and decision. |
| § 1.170 - Appeal to the Judicial Officer. |
| § 1.171 - Intervention. |
| § 1.172 - Motions and requests. |
| § 1.173 - Judges. |
| § 1.174 - Filing; service; extensions of time; and computation of time. |
| § 1.175 - Procedure following entry of cease and desist order. |
| Subpart J - Procedures Relating to Awards Under the Equal Access to Justice Act in Proceedings Before the Department |
| General Provisions |
| § 1.180 - Definitions. |
| § 1.181 - Purpose of these rules. |
| § 1.182 - When EAJA applies. |
| § 1.183 - Proceedings covered. |
| § 1.184 - Eligibility of applicants. |
| § 1.185 - Standards for awards. |
| § 1.186 - Allowable fees and expenses. |
| § 1.187 - Rulemaking on maximum rates for attorney fees. |
| § 1.188 - Awards against other agencies. |
| § 1.189 - Delegations of authority. |
| Information Required from Applicants |
| § 1.190 - Contents of application. |
| § 1.191 - Net worth exhibit. |
| § 1.192 - Documentation of fees and expenses. |
| § 1.193 - Time for filing application. |
| Procedures for Considering Applications |
| § 1.194 - Filing and service of documents. |
| § 1.195 - Answer to application. |
| § 1.196 - Reply. |
| § 1.197 - Comments by other parties. |
| § 1.198 - Settlement. |
| § 1.199 - Further proceedings. |
| § 1.200 - Decision. |
| § 1.201 - Department review. |
| § 1.202 - Judicial review. |
| § 1.203 - Payment of award. |
| Subpart K - Production or Disclosure of Official Information in Legal Proceedings |
| General Information |
| § 1.210 - What does this subpart cover? |
| § 1.211 - Definitions that apply to this subpart. |
| § 1.212 - What is the Department's policy on providing official information or testimony relating to official information in response to a demand? |
| § 1.213 - How can I obtain official information or testimony relating to official information in response to my demand? |
| § 1.214 - What information must I include with my demand? |
| § 1.215 - How soon before I need the official information or testimony relating to official information should I submit my demand? |
| § 1.216 - If I serve a subpoena, must I also submit information in accordance with § 1.214? |
| § 1.217 - Where must I send my demand? |
| § 1.218 - How much will I be charged? |
| Responsibilities of the Department |
| § 1.219 - How will the Department process my demand? |
| § 1.220 - The Department's considerations in deciding whether to grant or deny a demand. |
| § 1.221 - In responding to my demand, what conditions or restrictions may the Department impose on the production of official information or testimony relating to official information? |
| § 1.222 - Delegation authority for deciding whether to grant or deny a demand. |
| § 1.223 - What must I, as an employee, do upon receiving a demand? |
| § 1.224 - What must I, as an employee, do upon becoming aware that a court or other authority has ordered compliance with a demand? |
| Subpart L - Procedures Related to Administrative Hearings Under the Program Fraud Civil Remedies Act of 1986 |
| § 1.301 - Basis, purpose and scope. |
| § 1.302 - Definitions. |
| § 1.303 - Basis for civil penalties and assessments. |
| § 1.304 - Investigation. |
| § 1.305 - Review by the reviewing official. |
| § 1.306 - Prerequisites for issuing a complaint. |
| § 1.307 - Complaint. |
| § 1.308 - Service of complaint and notice of hearing. |
| § 1.309 - Answer and request for hearing. |
| § 1.310 - Default upon failure to file an answer. |
| § 1.311 - Referral of complaint and answer to the ALJ. |
| § 1.312 - Procedure where respondent does not request a hearing. |
| § 1.313 - Procedure where respondent requests a hearing; notice of hearing. |
| § 1.314 - Parties to the hearing. |
| § 1.315 - Separation of functions. |
| § 1.316 - Ex parte contacts. |
| § 1.317 - Disqualification of reviewing official or ALJ. |
| § 1.318 - Rights of parties. |
| § 1.319 - Authority of the ALJ. |
| § 1.320 - Prehearing conferences. |
| § 1.321 - Disclosure of documents. |
| § 1.322 - Discovery. |
| § 1.323 - Subpoenas for attendance at hearing. |
| § 1.324 - Fees. |
| § 1.325 - Form, filing and service of papers. |
| § 1.326 - Computation of time. |
| § 1.327 - Motions. |
| § 1.328 - Sanctions. |
| § 1.329 - The hearing and burden of proof. |
| § 1.330 - Location of hearing. |
| § 1.331 - Witnesses. |
| § 1.332 - Evidence. |
| § 1.333 - The record. |
| § 1.334 - Post-hearing briefs. |
| § 1.335 - Determining the amount of penalties and assessments. |
| § 1.336 - Initial decision of the ALJ. |
| § 1.337 - Reconsideration of initial decision. |
| § 1.338 - Appeal to the judicial officer. |
| § 1.339 - Stays ordered by the Department of Justice. |
| § 1.340 - Stay pending appeal. |
| § 1.341 - Judicial review. |
| § 1.342 - Collection of civil penalties and assessments. |
| § 1.343 - Right to administrative offset. |
| § 1.344 - Deposit to Treasury of the United States. |
| § 1.345 - Settlement. |
| § 1.346 - Limitation. |
| § 1.410 - Meaning of words. |
| § 1.411 - Definitions. |
| § 1.412 - Institution of proceedings. |
| § 1.413 - Submission of a sourcing area application. |
| § 1.414 - Docket number. |
| § 1.415 - Notification of proceedings. |
| § 1.416 - Comment period. |
| § 1.417 - Review period. |
| § 1.418 - Procedure upon no request for hearing. |
| § 1.419 - Amendment of a sourcing area application. |
| § 1.420 - Consent recommendation. |
| § 1.421 - Prehearing conferences and procedures. |
| § 1.422 - Conduct of the hearing. |
| § 1.423 - Post-hearing procedure. |
| § 1.424 - Motions and requests. |
| § 1.425 - Judges. |
| § 1.426 - Appeal to Judicial Officer. |
| § 1.427 - Filing; identification of parties of record; service; and computation of time. |
| § 1.428 - Depositions. |
| § 1.429 - Ex parte communications. |
| Subpart N - Policy With Regard to Indemnification of Department of Agriculture Employees |
| § 1.501 - Policy on employee indemnification. |
| Subpart O - Conditions in FERC Hydropower Licenses |
| Representatives |
| § 1.610 - Who may represent a party, and what requirements apply to a representative? |
| Prehearing Conferences and Discovery |
| § 1.640 - What are the requirements for prehearing conferences? |
| § 1.641 - How may parties obtain discovery of information needed for the case? |
| § 1.642 - When must a party supplement or amend information it has previously provided? |
| § 1.643 - What are the requirements for written interrogatories? |
| § 1.644 - What are the requirements for depositions? |
| § 1.645 - What are the requirements for requests for documents or tangible things or entry on land? |
| § 1.646 - What sanctions may the ALJ impose for failure to comply with discovery? |
| § 1.647 - What are the requirements for subpoenas and witness fees? |
| § 1.650 - When and where will the hearing be held? |
| § 1.651 - What are the parties' rights during the hearing? |
| § 1.652 - What are the requirements for presenting testimony? |
| § 1.653 - How may a party use a deposition in the hearing? |
| § 1.654 - What are the requirements for exhibits, official notice, and stipulations? |
| § 1.655 - What evidence is admissible at the hearing? |
| § 1.656 - What are the requirements for transcription of the hearing? |
| § 1.657 - Who has the burden of persuasion, and what standard of proof applies? |
| § 1.658 - When will the hearing record close? |
| § 1.659 - What are the requirements for post-hearing briefs? |
| § 1.660 - What are the requirements for the ALJ's decision? |
| Alternatives Process |
| § 1.670 - How must documents be filed and served under this subpart? |
| § 1.671 - How do I propose an alternative? |
| § 1.672 - May I file a revised proposed alternative? |
| § 1.673 - When will the Forest Service file its modified condition? |
| § 1.674 - How will the Forest Service analyze a proposed alternative and formulate its modified condition? |
| § 1.675 - Has OMB approved the information collection provisions of this subpart? |
| Hearing Process |
| General Provisions Related to Hearings |
| § 1.630 - What will OALJ do with a case referral? |
| § 1.631 - What are the powers of the ALJ? |
| § 1.632 - What happens if the ALJ becomes unavailable? |
| § 1.633 - Under what circumstances may the ALJ be disqualified? |
| § 1.634 - What is the law governing ex parte communications? |
| § 1.635 - What are the requirements for motions? |
| General Provisions |
| § 1.601 - What is the purpose of this subpart, and to what license proceedings does it apply? |
| § 1.602 - What terms are used in this subpart? |
| § 1.603 - How are time periods computed? |
| § 1.604 - What deadlines apply to the trial-type hearing and alternatives processes? |
| Document Filing and Service |
| § 1.611 - What are the form and content requirements for documents under this subpart? |
| § 1.612 - Where and how must documents be filed? |
| § 1.613 - What are the requirements for service of documents? |
| § 1.620 - What supporting information must the Forest Service provide with its preliminary conditions? |
| § 1.621 - How do I request a hearing? |
| § 1.622 - How do I file a notice of intervention and response? |
| § 1.623 - Will hearing requests be consolidated? |
| § 1.624 - Can a hearing process be stayed to allow for settlement discussions? |
| § 1.625 - How will the Forest Service respond to any hearing requests? |
| § 1.626 - What will the Forest Service do with any hearing requests? |
| § 1.627 - What regulations apply to a case referred for a hearing? |
| Subpart P - Rules of Practice and Procedure Governing Formal Rulemaking Proceedings Instituted by the Secretary |
| § 1.800 - Words in the singular form. |
| § 1.801 - Scope and applicability of this subpart. |
| § 1.802 - Definitions. |
| § 1.803 - Institution of proceedings. |
| § 1.804 - Notification by interested persons. |
| § 1.805 - Docket number. |
| § 1.806 - Judge. |
| § 1.807 - Direct testimony submitted as written documents. |
| § 1.808 - Motions and requests. |
| § 1.809 - Conduct of the hearing. |
| § 1.810 - Oral and written arguments. |
| § 1.811 - Certification of the transcript. |
| § 1.812 - Copies of the transcript. |
| § 1.813 - Administrator's recommended decision. |
| § 1.814 - Submission to Secretary. |
| § 1.815 - Decision by the Secretary. |
| § 1.816 - Filing, extension of time, effective date of filing, and computation of time. |
| § 1.817 - Ex parte communications. |
| § 1.818 - Additional documents to be filed with hearing clerk. |
| § 1.819 - Hearing before Secretary. |
| Subpart Q - Review and Issuance of Agency Guidance Documents |
| § 1.900 - General. |
| § 1.901 - Requirements for clearance. |
| § 1.902 - Public access to effective guidance documents. |
| § 1.903 - Good faith cost estimates. |
| § 1.904 - Procedures for guidance documents identified as “significant” or “otherwise of importance to the Department's interests.” |
| § 1.905 - Designation procedures. |
| § 1.906 - Notice-and-comment procedures. |
| § 1.907 - Petitions for guidance. |
| § 1.908 - Rescinded guidance. |
| § 1.909 - Exigent circumstances. |
| § 1.910 - Reports to Congress and GAO. |
| § 1.911 - No judicial review or enforceable rights. |