1、5 PART 1ADMINISTRATIVE REGULATIONS Subpart AOfficial Records Sec. 1.1 Purpose and scope. 1.2 Policy. 1.3 Agency implementing regulations. 1.4 Public access to certain materials. 1.5 Requests for records. 1.6 Aggregating requests. 1.7 Agency response to requests for records. 1.8 Multitrack processing
2、. 1.9 Expedited processing. 1.10 Search services. 1.11 Review services. 1.12 Handling information from a private business. 1.13 Date of receipt of requests or appeals. 1.14 Appeals. 1.15 General provisions respecting release of records. 1.16 Extension of administrative deadlines. 1.17 Failure to mee
3、t administrative dead-lines. 1.18 Fee schedule. 1.19 Exemptions and discretionary release. 1.20 Annual report. 1.21 Compilation of new records. 1.22 Authentication. 1.23 Records in formal adjudication pro-ceedings. 1.24 Preservation of records. 1.25 Implementing regulations for the Office of the Sec
4、retary and the Office of Com-munications. APPENDIX A TO SUBPART AFEE SCHEDULE AUTHORITY: 5 U.S.C. 301 and 552, Appendix A is also issued under 7 U.S.C. 2244; 31 U.S.C. 9701, and 7 CFR 2.75 (a)(6)(xiii). SOURCE: 52 FR 49386, Dec. 31, 1987, unless otherwise noted. Subpart BDepartmental Proceedings 1.2
5、6 Representation before the Department of Agriculture. 1.27 Rulemaking and other notice proce-dures. 1.28 Petitions. 1.29 Subpoenas relating to investigations under statutes administered by the Sec-retary of Agriculture. Subpart CJudicial Proceedings 1.41 Service of process. Subpart DClaims 1.51 Cla
6、ims based on negligence, wrongful act or omission. Subpart ECooperative Production of Television Films 1.71 Purpose. 1.72 Policy. 1.73 Responsibility. 1.74 Basis for special working relationships. 1.75 General stipulations. 1.76 Department cooperation. 1.77 Assignment of priorities. 1.78 Development
7、 of special working rela-tionships. 1.79 Credits. Subpart GPrivacy Act Regulations 1.110 Purpose and scope. 1.111 Definitions. 1.112 Procedures for requests pertaining to individual records in a record system. 1.113 Times, places, and requirements for identification of individuals making re-quests.
8、1.114 Disclosure of requested information to individuals. 1.115 Special procedures: Medical records. 1.116 Request for correction or amendment to record. 1.117 Agency review of request for correc-tion or amendment of record. 1.118 Appeal of initial adverse agency deter-mination on correction or amen
9、dment. 1.119 Disclosure of record to person other than the individual to whom it pertains. 1.120 Fees. 1.121 Penalties. 1.122 General exemptions. 1.123 Specific exemptions. APPENDIX A TO SUBPART GINTERNAL DIREC-TIVES Subpart HRules of Practice Governing Formal Adjudicatory Proceedings Insti-tuted by
10、 the Secretary Under Various Statutes 1.130 Meaning of words. 1.131 Scope and applicability of this sub-part. 1.132 Definitions. 1.133 Institution of proceedings. 1.134 Docket number. 1.135 Contents of complaint or petition for review. 1.136 Answer. 1.137 Amendment of complaint, petition for review,
11、 or answer; joinder of related mat-ters. 1.138 Consent decision. 1.139 Procedure upon failure to file an an-swer or admission of facts. 1.140 Conferences and procedure. 1.141 Procedure for hearing. 1.142 Post-hearing procedure. 1.143 Motions and requests. 1.144 Judges. 1.145 Appeal to Judicial Offic
12、er. VerDate Mar2010 11:10 Feb 02, 2012 Jkt 226012 PO 00000 Frm 00015 Fmt 8010 Sfmt 8010 Y:SGML226012.XXX 226012pmangrum on DSK3VPTVN1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-6 7 CFR Subtitle A (1112 Edition) Pt. 1 1.146 Petitions
13、for reopening hearing; for re-hearing or reargument of proceeding; or for reconsideration of the decision of the Judicial Officer. 1.147 Filing; service; extensions of time; and computation of time. 1.148 Depositions. 1.149 Subpoenas. 1.150 Fees of witnesses. 1.151 Ex parte communications. Subpart I
14、Rules of Practice Governing Cease and Desist Proceedings Under Section 2 of the Capper-Volstead Act 1.160 Scope and applicability of rules in this part. 1.161 Definitions. 1.162 Institution of proceedings. 1.163 The complaint. 1.164 Answer. 1.165 Amendments. 1.166 Consent order. 1.167 Conference. 1.
15、168 Procedure for hearing. 1.169 Post-hearing procedure and decision. 1.170 Appeal to the Judicial Officer. 1.171 Intervention. 1.172 Motions and requests. 1.173 Judges. 1.174 Filing; service; extensions of time; and computation of time. 1.175 Procedure following entry of cease and desist order. Sub
16、part JProcedures Relating to Awards Under the Equal Access to Justice Act in Proceedings Before the Department GENERAL PROVISIONS 1.180 Definitions. 1.181 Purpose of these rules. 1.182 When EAJA applies. 1.183 Proceedings covered. 1.184 Eligibility of applicants. 1.185 Standards for awards. 1.186 Al
17、lowable fees and expenses. 1.187 Rulemaking on maximum rates for at-torney fees. 1.188 Awards against other agencies. 1.189 Delegations of authority. INFORMATION REQUIRED FROM APPLICANTS 1.190 Contents of application. 1.191 Net worth exhibit. 1.192 Documentation of fees and expenses. 1.193 Time for
18、filing application. PROCEDURES FOR CONSIDERING APPLICATIONS 1.194 Filing and service of documents. 1.195 Answer to application. 1.196 Reply. 1.197 Comments by other parties. 1.198 Settlement. 1.199 Further proceedings. 1.200 Decision. 1.201 Department review. 1.202 Judicial review. 1.203 Payment of
19、award. Subpart KAppearance of USDA Employ-ees as Witnesses in Judicial or Admin-istrative Proceedings 1.210 Purpose. 1.211 Definitions. 1.212 General. 1.213 Appearance as a witness on behalf of the United States. 1.214 Appearance as a witness on behalf of a party other than the United States where t
20、he United States is not a party. 1.215 Subpoenas duces tecum for USDA records in judicial or administrative pro-ceedings in which the United States is not a party. 1.216 Appearance as a witness or production of documents on behalf of a party other than the United States where the United States is a
21、party. 1.217 Witness fees and travel expenses. 1.218 Penalty. 1.219 Delegations. Subpart LProcedures Related to Adminis-trative Hearings Under the Program Fraud Civil Remedies Act of 1986 1.301 Basis, purpose and scope. 1.302 Definitions. 1.303 Basis for civil penalties and assess-ments. 1.304 Inves
22、tigation. 1.305 Review by the reviewing official. 1.306 Prerequisites for issuing a complaint. 1.307 Complaint. 1.308 Service of complaint and notice of hearing. 1.309 Answer and request for hearing. 1.310 Default upon failure to file an answer. 1.311 Referral of complaint and answer to the ALJ. 1.3
23、12 Procedure where respondent does not request a hearing. 1.313 Procedure where respondent requests a hearing; notice of hearing. 1.314 Parties to the hearing. 1.315 Separation of functions. 1.316 Ex parte contacts. 1.317 Disqualification of reviewing official or ALJ. 1.318 Rights of parties. 1.319
24、Authority of the ALJ. 1.320 Prehearing conferences. 1.321 Disclosure of documents. 1.322 Discovery. 1.323 Subpoenas for attendance at hearing. 1.324 Fees. 1.325 Form, filing and service of papers. 1.326 Computation of time. 1.327 Motions. 1.328 Sanctions. 1.329 The hearing and burden of proof. VerDa
25、te Mar2010 11:10 Feb 02, 2012 Jkt 226012 PO 00000 Frm 00016 Fmt 8010 Sfmt 8010 Y:SGML226012.XXX 226012pmangrum on DSK3VPTVN1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-7 Office of the Secretary, USDA Pt. 1 1.330 Location of hearing.
26、1.331 Witnesses. 1.332 Evidence. 1.333 The record. 1.334 Post-hearing briefs. 1.335 Determining the amount of penalties and assessments. 1.336 Initial decision of the ALJ. 1.337 Reconsideration of initial decision. 1.338 Appeal to the judicial officer. 1.339 Stays ordered by the Department of Justic
27、e. 1.340 Stay pending appeal. 1.341 Judicial review. 1.342 Collection of civil penalties and as-sessments. 1.343 Right to administrative offset. 1.344 Deposit to Treasury of the United States. 1.345 Settlement. 1.346 Limitation. Subpart MRules of Practice Governing Adjudication of Sourcing Area Appl
28、i-cations and Formal Review of Sourcing Areas Pursuant to the Forest Resources Conservation and Shortage Relief Act of 1990 (16 U.S.C. 620 et seq.) 1.410 Meaning of words. 1.411 Definitions. 1.412 Institution of proceedings. 1.413 Submission of a sourcing area applica-tion. 1.414 Docket number. 1.41
29、5 Notification of proceedings. 1.416 Comment period. 1.417 Review period. 1.418 Procedure upon no request for hearing. 1.419 Amendment of a sourcing area appli-cation. 1.420 Consent recommendation. 1.421 Prehearing conferences and proce-dures. 1.422 Conduct of the hearing. 1.423 Post-hearing procedu
30、re. 1.424 Motions and requests. 1.425 Judges. 1.426 Appeal to Judicial Officer. 1.427 Filing; identification of parties of record; service; and computation of time. 1.428 Depositions. 1.429 Ex parte communications. Subpart NPolicy With Regard to Indem-nification of Department of Agriculture Employee
31、s 1.501 Policy on employee indemnification. Subpart OConditions in FERC Hydropower Licenses GENERAL PROVISIONS 1.601 What is the purpose of this subpart, and to what license proceedings does it apply? 1.602 What terms are used in this subpart? 1.603 How are time periods computed? 1.604 What deadline
32、s apply to pending appli-cations? HEARING PROCESS REPRESENTATIVES 1.610 Who may represent a party, and what requirements apply to a representative? DOCUMENT FILING AND SERVICE 1.611 What are the form and content re-quirements for documents under 1.611 through 1.660? 1.612 Where and how must document
33、s be filed? 1.613 What are the requirements for service of documents? INITIATION OF HEARING PROCESS 1.620 What supporting information must the Forest Service provide with its prelimi-nary conditions? 1.621 How do I request a hearing? 1.622 How do I file a notice of intervention and response? 1.623 W
34、hen will hearing requests be consoli-dated? 1.624 How will the Forest Service respond to any hearing requests? 1.625 What will the Forest Service do with any hearing requests? 1.626 What regulations apply to a case re-ferred for a hearing? GENERAL PROVISIONS RELATED TO HEARINGS 1.630 What will OALJ
35、do with a case refer-ral? 1.631 What are the powers of the ALJ? 1.632 What happens if the ALJ becomes un-available? 1.633 Under what circumstances may the ALJ be disqualified? 1.634 What is the law governing ex parte communications? 1.635 What are the requirements for mo-tions? PREHEARING CONFERENCE
36、S AND DISCOVERY 1.640 What are the requirements for pre-hearing conferences? 1.641 How may parties obtain discovery of information needed for the case? 1.642 When must a party supplement or amend information it has previously pro-vided? VerDate Mar2010 11:10 Feb 02, 2012 Jkt 226012 PO 00000 Frm 0001
37、7 Fmt 8010 Sfmt 8010 Y:SGML226012.XXX 226012pmangrum on DSK3VPTVN1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-8 7 CFR Subtitle A (1112 Edition) 1.1 1.643 What are the requirements for written interrogatories? 1.644 What are the requi
38、rements for deposi-tions? 1.645 What are the requirements for re-quests for documents or tangible things or entry on land? 1.646 What sanctions may the ALJ impose for failure to comply with discovery? 1.647 What are the requirements for sub-poenas and witness fees? HEARING, BRIEFING, AND DECISION 1.
39、650 When and where will the hearing be held? 1.651 What are the parties rights during the hearing? 1.652 What are the requirements for pre-senting testimony? 1.653 How may a party use a deposition in the hearing? 1.654 What are the requirements for exhib-its, official notice, and stipulations? 1.655
40、 What evidence is admissible at the hearing? 1.656 What are the requirements for tran-scription of the hearing? 1.657 What is the standard of proof? 1.658 When will the hearing record close? 1.659 What are the requirements for post- hearing briefs? 1.660 What are the requirements for the ALJs decisi
41、on? ALTERNATIVES PROCESS 1.670 How must documents be filed and served under 1.670 through 1.673? 1.671 How do I propose an alternative? 1.672 What will the Forest Service do with a proposed alternative? 1.673 How will the Forest Service analyze a proposed alternative and formulate its modified condi
42、tions? 1.674 Has OMB approved the information collection provisions of 1.670 through 1.673? AUTHORITY: 5 U.S.C. 301, unless otherwise noted. Subpart AOfficial Records AUTHORITY: 5 U.S.C. 301, 552; 7 U.S.C. 3125a; 31 U.S.C. 9701; and 7 CFR 2.28(b)(7)(viii). 1.1 Purpose and scope. This subpart establi
43、shes policy, pro-cedures, requirements, and responsibil-ities for administration and coordina-tion of the Freedom of Information Act (FOIA), 5 U.S.C. 552, pursuant to which any person may obtain official records. It also provides rules per-taining to the disclosure of records pursuant to compulsory
44、process. This subpart also serves as the imple-menting regulations (referred to in 1.3, Agency implementing regula-tions) for the Office of the Secretary (the immediate offices of the Sec-retary, Deputy Secretary, Under Secre-taries and Assistant Secretaries) and for the Office of Communications. Th
45、e Office of Communications has the pri-mary responsibility for implementa-tion of the FOIA in the Department of Agriculture (USDA or Depart-ment). The term agency or agen-cies is used throughout this subpart to include both USDA program agen-cies and staff offices. 65 FR 46336, July 28, 2000 1.2 Pol
46、icy. (a) Agencies of USDA shall comply with the time limits set forth in the FOIA and in this subpart for respond-ing to and processing requests and ap-peals for agency records, unless there are unusual circumstances within the meaning of 5 U.S.C. 552(a)(6)(B) and 1.16(b). An agency shall notify a r
47、e-quester in writing whenever it is un-able to respond to or process a request or appeal within the time limits estab-lished by the FOIA. (b) All agencies of the Department shall comply with the fee schedule pro-vided as appendix A to this subpart, with regard to the charging of fees for providing c
48、opies of records and related services to requesters. 65 FR 46337, July 28, 2000 1.3 Agency implementing regula-tions. Each agency of the Department shall promulgate regulations setting forth the following: (a) The location and hours of oper-ation of the agency office or offices where members of the
49、public may gain access to those materials required by 5 U.S.C. 552(a)(2) and 1.4 to be made available for public inspection and copying. (b) Information regarding the publi-cation and distribution (by sale or oth-erwise) of indexes and supplements to indexes that are maintained in accord-ance with the requirements of 5 U.S.C. 552(a)(2) and 1.4(c); VerDate Mar2010 11:10 Feb 02, 2012 Jkt 226012 PO 00000 Frm 00018 Fmt 8010 Sfmt 8010 Y:
