[Code of Federal Regulations]

[Title 9, Volume 2]

[Revised as of January 1, 2007]

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;

    (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;



[[Page 33]]



    (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]