[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: 9CFR202.115]



[Page 45]

 

                  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. 202.115  Rule 15: Submission for final consideration.



    (a) Report. The presiding officer, with the assistance and 

collaboration of such employees of the Department as may be assigned for 

the purpose, shall prepare a report. The report shall be prepared on the 

basis of the evidence in the record, including the investigation report 

if one is prepared by the agency head and served on the parties, and any 

allegations admitted or deemed to be admitted, and any stipulations. The 

report shall be prepared in the form of a final order for signature by 

the judicial officer, and shall be filed with the hearing clerk. The 

report shall not be served on the parties unless and until it is signed 

by the judicial officer.

    (b) Record. At the same time as the report is filed with the hearing 

clerk, the record shall also be filed with the hearing clerk. The record 

shall include: Pleadings; motions and requests filed and rulings 

thereon; the investigation report if one is prepared by the agency head 

and served on the parties; the transcript or recording of an oral 

hearing, and exhibits received, if an oral hearing was held; evidence 

filed by the parties if a written hearing was held; documents filed in 

connection with pre-hearing conferences; any proposed findings of fact, 

conclusions and orders, statements of objections, and briefs; any 

stipulations; and proof of service.

    (c) Submission to judicial officer. Unless the hearing clerk 

reasonably believes that the record is not complete and in proper order, 

the record and the report shall be submitted to the judicial officer for 

decision.

    (d) Oral argument. There shall be no right to oral argument other 

than that provided in rule 12(h), Sec. 202.112(h).



[43 FR 30510, July 14, 1978, as amended at 60 FR 8467, Feb. 14, 1995]