[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: 9CFR202.111]



[Page 40]

 

                  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. 202.111  Rule 11: Hearing, oral or written.



    (a) When held. A hearing, oral or written, shall be held unless:

    (1) Each respondent admits or is deemed to admit sufficient 

allegations of the complaint to support the full amount claimed by the 

complainant as reparation;

    (2) Each respondent admits liability to the complainant in the full 

amount claimed by the complainant as reparation;

    (3) Before a hearing has been completed the parties agree in writing 

that the proceeding may be decided on the basis of the record as it 

stands at the time such agreement is filed; or

    (4) Before a hearing has been completed the parties settle their 

dispute or the complainant withdraws the complaint.

    (b) Whether oral or written. The hearing provided for in paragraph 

(a) of this section shall be oral if:

    (1) $10,000 or more is in controversy and any respondent files a 

written request for an oral hearing with such respondent's answer; or

    (2) $10,000 or more is in controversy and any complainant files a 

written request for an oral hearing on or before the 20th day after 

service on such complainant of notice that no respondent has filed a 

timely request for an oral hearing; or

    (3) Less than $10,000 is in controversy and the presiding officer 

determines, upon written request by any party thereto, that an oral 

hearing is necessary to establish the facts and circumstances giving 

rise to the controversy. The hearing shall be written if not oral.

    (c) Withdrawal of request. If $10,000 or more is in controversy and 

a party has timely filed a request for oral hearing, such party may 

withdraw such request at any time prior to completion of an oral 

hearing. If such a withdrawal leaves no pending request for oral hearing 

in the proceeding, and if the presiding officer has not decided that the 

hearing should be oral, each other party shall be served with notice of 

this and shall be given 20 days to request an oral hearing. If any party 

files a request for oral hearing in such time, the hearing shall be oral 

in accordance with paragraph (b) of this section.

    (d) Presiding Officer's recommendation. The presiding officer may 

recommend voluntary withdrawal of a request for oral hearing, timely 

filed. Declining to make such withdrawal shall not affect the rights or 

interests of any party.

    (e) Representation. Any party may appear in an oral hearing, or file 

evidence in a written hearing, in person or by counsel or other 

representative. For unethical or contumacious conduct in or in 

connection with a proceeding, the presiding officer may preclude a 

person from further acting as attorney or representative for any party 

to the proceeding; any such order of the presiding officer shall be 

served on the parties; an appeal to the Judicial Officer may be taken 

from any such order immediately.



[51 FR 42083, Nov. 21, 1986, as amended at 55 FR 41184, Oct. 10, 1990]