[Code of Federal Regulations]
[Title 7, Volume 1]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR15.111]

[Page 377]
 
                          TITLE 7--AGRICULTURE
 
PART 15_NONDISCRIMINATION--Table of Contents
 
 Subpart C_Rules of Practice and Procedure for Hearings, Decisions and 
        Administrative Review Under the Civil Rights Act of 1964
 
Sec. 15.111  Purpose of hearing.

    (a) The hearing is directed to receiving factual evidence and expert 
opinion testimony related to the issues in the proceeding. Argument will 
not be received in evidence; rather it should be presented in 
statements, memoranda or briefs, as determined by the hearing officer. 
Brief opening statements, which shall be limited to a statement of the 
party's position and what he intends to prove, may also be made at 
hearings.
    (b) Hearings for the reception of evidence will be held only in 
cases where issues of fact must be resolved in order to determine 
whether the respondent has failed to comply with one or more applicable 
requirements of subpart A of this part. In any case where it appears 
from the answer of the applicant or recipient to the notice of hearing 
or notice of opportunity to request a hearing, from his failure timely 
to answer, or from his admissions or stipulations in the record that 
there are no matters of material fact in dispute, the hearing officer 
may enter an order so finding, and fixing the time for the submission of 
evidence by the Government for the record. Thereafter, the proceedings 
shall go to conclusion in accordance with subpart A of this part and the 
rules of this subpart. An appeal from such order may be allowed in 
accordance with the rules for interlocutory appeal in Sec. 15.123.