[Code of Federal Regulations]
[Title 7, Volume 1]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR1.140]

[Page 40-41]
 
                          TITLE 7--AGRICULTURE
 
PART 1_ADMINISTRATIVE REGULATIONS--Table of Contents
 
 Subpart H_Rules of Practice Governing Formal Adjudicatory Proceedings 
           Instituted by the Secretary Under Various Statutes
 
Sec. 1.140  Conferences and procedure.

    (a) Purpose and scope. (1) Upon motion of a party or upon the 
Judge's own motion, the Judge may direct the parties or their counsel to 
attend a conference at any reasonable time, prior to or during the 
course of the hearing, when the Judge finds that the proceeding would be 
expedited by a conference. Reasonable notice of the time, place, and 
manner of the conference shall be given. The Judge may order each of the 
parties to furnish at or subsequent to the conference any or all of the 
following:
    (i) An outline of the case or defense;
    (ii) The legal theories upon which the party will rely;
    (iii) Copies of or a list of documents which the party anticipates 
introducing at the hearing; and
    (iv) A list of anticipated witnesses who will testify on behalf of 
the party. At the discretion of the party furnishing such list of 
witnesses, the names of the witnesses need not be furnished if they are 
otherwise identified in some meaningful way such as a short statement of 
the type of evidence they will offer.
    (2) The Judge shall not order any of the foregoing procedures that a 
party

[[Page 41]]

can show is inappropriate or unwarranted under the circumstances of the 
particular case.
    (3) At the conference, the following matters shall be considered:
    (i) The simplification of issues;
    (ii) The necessity of amendments to pleadings;
    (iii) The possibility of obtaining stipulations of facts and of the 
authenticity, accuracy, and admissibility of documents, which will avoid 
unnecessary proof;
    (iv) The limitation of the number of expert or other witnesses;
    (v) Negotiation, compromise, or settlement of issues;
    (vi) The exchange of copies of proposed exhibits;
    (vii) The identification of documents or matters of which official 
notice may be requested;
    (viii) A schedule to be followed by the parties for completion of 
the actions decided at the conference; and
    (ix) Such other matters as may expedite and aid in the disposition 
of the proceeding.
    (b) Reporting. A conference will not be stenographically reported 
unless so directed by the Judge.
    (c) Manner of Conference. (1) The conference shall be conducted by 
telephone or correspondence unless the Judge determines that conducting 
the conference by audio-visual telecommunication:
    (i) Is necessary to prevent prejudice to a party;
    (ii) Is necessary because of a disability of any individual expected 
to participate in the conference; or
    (iii) Would cost less than conducting the conference by telephone or 
correspondence. If the Judge determines that a conference conducted by 
audio-visual telecommunication would measurably increase the United 
States Department of Agriculture's cost of conducting the conference, 
the conference shall be conducted by personal attendance of any 
individual who is expected to participate in the conference, by 
telephone, or by correspondence.
    (2) If the conference is not conducted by telephone or 
correspondence, the conference shall be conducted by audio-visual 
telecommunication unless the Judge determines that conducting the 
conference by personal attendance of any individual who is expected to 
participate in the conference:
    (i) Is necessary to prevent prejudice to a party;
    (ii) Is necessary because of a disability of any individual expected 
to participate in the conference; or
    (iii) Would cost less than conducting the conference by audio-visual 
telecommunication.
    (d) Order. Actions taken as a result of a conference shall be 
reduced to a written appropriate order, unless the Judge concludes that 
a stenographic report shall suffice, or, if the conference takes place 
within 7 days of the beginning of the hearing, the Judge elects to make 
a statement on the record at the hearing summarizing the actions taken.
    (e) Related matters. Upon motion of a respondent, the Judge may 
order the attorney for the complainant to produce and permit the 
respondent to inspect and copy or photograph any relevant written or 
recorded statements or confessions made by such respondent within the 
possession, custody or control of the complainant.

[42 FR 743, Jan. 4, 1977, as amended at 60 FR 8455, Feb. 14, 1995]