Part 1 — Administrative Regulations
Subpart A — Official Records
- § 1.1— General provisions.
- § 1.2— Public reading rooms.
- § 1.3— Requirements for making a records request.
- § 1.4— Requirements for responding to records requests.
- § 1.5— Responses to records requests.
- § 1.6— Timing of responses to perfected records requests.
- § 1.7— Records responsive to records requests.
- § 1.8— Requirements for processing records requests seeking business information.
- § 1.9— Administrative appeals.
- § 1.10— Authentication under Departmental Seal and certification of records.
- § 1.11— Preservation of records.
- § 1.12— Fees and fee schedule.
Subpart B — Departmental Proceedings
Subpart C — Judicial Proceedings
Subpart D — Claims
Subpart E — Cooperative Production of Television Films
Subpart G — Privacy 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 requests.
- § 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 correction or amendment of record.
- § 1.118— Appeal of initial adverse agency determination on correction or amendment.
- § 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.
Subpart H — Rules of Practice Governing Formal Adjudicatory Proceedings Instituted by the Secretary Under Various Statutes
- § 1.130— Meaning of words.
- § 1.131— Scope and applicability of this subpart.
- § 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, or answer; joinder of related matters.
- § 1.138— Consent decision.
- § 1.139— Procedure upon failure to file an answer 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 Officer.
- § 1.146— Petitions for reopening hearing; for rehearing 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— <em>Ex parte</em> communications.
Subpart I — 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.
- § 1.168— 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.
Subpart J — Procedures Relating to Awards Under the Equal Access to Justice Act in Proceedings Before the Department
- § 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— Allowable fees and expenses.
- § 1.187— Rulemaking on maximum rates for attorney fees.
- § 1.188— Awards against other agencies.
- § 1.189— Delegations of authority.
- § 1.190— Contents of application.
- § 1.191— Net worth exhibit.
- § 1.192— Documentation of fees and expenses.
- § 1.193— Time for filing application.
- § 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 award.
Subpart K — Production or Disclosure of Official Information in Legal Proceedings
- § 1.210— What does this subpart cover?
- § 1.211— Definitions that apply to this subpart.
- § 1.212— What is the Department's policy on providing official information or testimony relating to official information in response to a demand?
- § 1.213— How can I obtain official information or testimony relating to official information in response to my demand?
- § 1.214— What information must I include with my demand?
- § 1.215— How soon before I need the official information or testimony relating to official information should I submit my demand?
- § 1.216— If I serve a subpoena, must I also submit information in accordance with § 1.214?
- § 1.217— Where must I send my demand?
- § 1.218— How much will I be charged?
- § 1.219— How will the Department process my demand?
- § 1.220— The Department's considerations in deciding whether to grant or deny a demand.
- § 1.221— In responding to my demand, what conditions or restrictions may the Department impose on the production of official information or testimony relating to official information?
- § 1.222— Delegation authority for deciding whether to grant or deny a demand.
- § 1.223— What must I, as an employee, do upon receiving a demand?
- § 1.224— What must I, as an employee, do upon becoming aware that a court or other authority has ordered compliance with a demand?
Subpart L — Procedures Related to Administrative 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 assessments.
- § 1.304— Investigation.
- § 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.
- § 1.312— 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— <em>Ex parte</em> contacts.
- § 1.317— Disqualification of reviewing official or ALJ.
- § 1.318— Rights of parties.
- § 1.319— 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.
- § 1.330— Location of hearing.
- § 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 Justice.
- § 1.340— Stay pending appeal.
- § 1.341— Judicial review.
- § 1.342— Collection of civil penalties and assessments.
- § 1.343— Right to administrative offset.
- § 1.344— Deposit to Treasury of the United States.
- § 1.345— Settlement.
- § 1.346— Limitation.
Subpart M — Rules of Practice Governing Adjudication of Sourcing Area Applications and Formal Review of Sourcing Areas Pursuant to the Forest Resources Conservation and Shortage Relief Act of 1990 (16 U.S.C. 620 <em>et seq.</em>)
- § 1.410— Meaning of words.
- § 1.411— Definitions.
- § 1.412— Institution of proceedings.
- § 1.413— Submission of a sourcing area application.
- § 1.414— Docket number.
- § 1.415— 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 application.
- § 1.420— Consent recommendation.
- § 1.421— Prehearing conferences and procedures.
- § 1.422— Conduct of the hearing.
- § 1.423— Post-hearing procedure.
- § 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— <em>Ex parte</em> communications.
Subpart N — Policy With Regard to Indemnification of Department of Agriculture Employees
Subpart O — Conditions in FERC Hydropower Licenses
- § 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 deadlines apply to the trial-type hearing and alternatives processes?
- § 1.610— Who may represent a party, and what requirements apply to a representative?
- § 1.611— What are the form and content requirements for documents under this subpart?
- § 1.612— Where and how must documents be filed?
- § 1.613— What are the requirements for service of documents?
- § 1.620— What supporting information must the Forest Service provide with its preliminary conditions?
- § 1.621— How do I request a hearing?
- § 1.622— How do I file a notice of intervention and response?
- § 1.623— Will hearing requests be consolidated?
- § 1.624— Can a hearing process be stayed to allow for settlement discussions?
- § 1.625— How will the Forest Service respond to any hearing requests?
- § 1.626— What will the Forest Service do with any hearing requests?
- § 1.627— What regulations apply to a case referred for a hearing?
- § 1.630— What will OALJ do with a case referral?
- § 1.631— What are the powers of the ALJ?
- § 1.632— What happens if the ALJ becomes unavailable?
- § 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 motions?
- § 1.640— What are the requirements for prehearing 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 provided?
- § 1.643— What are the requirements for written interrogatories?
- § 1.644— What are the requirements for depositions?
- § 1.645— What are the requirements for requests 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 subpoenas and witness fees?
- § 1.650— 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 presenting testimony?
- § 1.653— How may a party use a deposition in the hearing?
- § 1.654— What are the requirements for exhibits, official notice, and stipulations?
- § 1.655— What evidence is admissible at the hearing?
- § 1.656— What are the requirements for transcription of the hearing?
- § 1.657— Who has the burden of persuasion, and what standard of proof applies?
- § 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 ALJ's decision?
- § 1.670— How must documents be filed and served under this subpart?
- § 1.671— How do I propose an alternative?
- § 1.672— May I file a revised proposed alternative?
- § 1.673— When will the Forest Service file its modified condition?
- § 1.674— How will the Forest Service analyze a proposed alternative and formulate its modified condition?
- § 1.675— Has OMB approved the information collection provisions of this subpart?
Subpart P — Rules of Practice and Procedure Governing Formal Rulemaking Proceedings Instituted by the Secretary
- § 1.800— Words in the singular form.
- § 1.801— Scope and applicability of this subpart.
- § 1.802— Definitions.
- § 1.803— Institution of proceedings.
- § 1.804— Notification by interested persons.
- § 1.805— Docket number.
- § 1.806— Judge.
- § 1.807— Direct testimony submitted as written documents.
- § 1.808— Motions and requests.
- § 1.809— Conduct of the hearing.
- § 1.810— Oral and written arguments.
- § 1.811— Certification of the transcript.
- § 1.812— Copies of the transcript.
- § 1.813— Administrator's recommended decision.
- § 1.814— Submission to Secretary.
- § 1.815— Decision by the Secretary.
- § 1.816— Filing, extension of time, effective date of filing, and computation of time.
- § 1.817— Ex parte communications.
- § 1.818— Additional documents to be filed with hearing clerk.
- § 1.819— Hearing before Secretary.