
[Code of Federal Regulations]
[Title 7, Volume 1]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR1]

[Page 22-24]
 
                          TITLE 7--AGRICULTURE
 
PART 1--ADMINISTRATIVE REGULATIONS--Table of Contents
 
Subpart B--Departmental Proceedings

Sec. 1.26  Representation before the Department of Agriculture.

    (a) Applicability. This section applies to all hearings and other 
proceedings before the Department of Agriculture, except to the extent 
that any other regulation of the Department may specifically make this 
section, or any part of this section, inapplicable as to particular 
hearings or other proceedings.
    (b) Administrative provisions. (1) In any hearing or other 
proceeding before the Department of Agriculture, the parties may appear 
in person or by counsel or other representative. Persons who appear as 
counsel or in a representative capacity in any hearing or proceeding 
must conform to the standards of ethical conduct required of 
practitioners before the U.S. District Court for the District of 
Columbia, and to any applicable standards of ethical conduct established 
by statutes, executive orders and regulations.
    (2) Whenever the Secretary finds, after notice and opportunity for 
hearing, that a person who is acting or has acted as counsel or 
representative in any hearing or other proceeding before the Department 
has not conformed to any such standards of ethical conduct, the 
Secretary may order that such person be precluded from acting as counsel 
or representative in any hearing or other proceeding before the 
Department for such period of time as the Secretary deems warranted. 
Whenever the Secretary has probable cause to believe that any person who 
is acting or has acted as counsel or representative in any such hearing 
or other proceeding has not conformed to any such standards of ethical 
conduct, the Secretary may, by written notice to such person, suspend 
the person from acting as such a counsel or representative pending 
completion of the procedures specified in the preceding sentence.
    (3) No employee or former employee of the Department shall be 
permitted to represent any person before the Department in connection 
with any particular matter as to which by reason of employment with the 
Department the employee or former employee acquired personal knowledge 
of such a nature that it would be improper, unethical, or contrary to 
the public interest for the employee or former employee so to act.
    (4) This section shall not be construed to prevent an employee or 
former employee of the Department from appearing as a witness in any 
hearing or other proceeding before the Department.

(18 U.S.C. 203, 205, 207)

[32 FR 5458, Apr. 1, 1967, as amended at 60 FR 66480, Dec. 22, 1995]

Sec. 1.27  Rulemaking and other notice procedures.

    (a) This section shall apply to:
    (1) Notices of proposed rulemaking;
    (2) Interim final rules;
    (3) Advance notices of proposed rulemaking; and
    (4) Any other published notice that solicits, or affords interested 
members of the public an opportunity to submit, written views with 
respect to any proposed action relating to any program administered in 
the Department regardless of the fact that the issuance of a rule may 
not be contemplated.
    (b) Each notice identified in paragraph (a) of this section shall 
indicate the procedure to be followed with respect to the notice, unless 
the procedure is prescribed by statute or by published rule of the 
Department. Each notice shall contain a statement that advises the 
public of the policy regarding the availability of written submissions 
by indicating whether paragraph (c), (d), or (e) of this section is 
applicable to written submissions made pursuant to the notice.

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    (c) All written submissions made pursuant to the notice shall be 
made available for public inspection at times and places and in a manner 
convenient to the public business.
    (d)(1) Any written submission, pursuant to a notice, may be held 
confidential if the person making the submission requests that the 
submission be held confidential, the person making the submission has 
shown that the written submission may be withheld under the Freedom of 
Information Act, and the Department official authorized to issue the 
notice determines that the submission may be withheld under the Freedom 
of Information Act.
    (2) If a request is made in accordance with paragraph (d)(1) of this 
section for confidential treatment of a written submission, the person 
making the request shall be informed promptly in the event the request 
is denied and afforded an opportunity to withdraw the submission.
    (3) If a determination is made to grant a request for confidential 
treatment under paragraph (d)(1) of this section, a statement of the 
specific basis for the determination that will not be susceptible of 
identifying the person making the request will be made available for 
public inspection.
    (e) If the subject of the notice is such that meaningful submissions 
cannot be expected unless they disclose information that may be withheld 
under the Freedom of Information Act, the notice shall so indicate and 
contain a statement that written submissions pursuant to the notice will 
be treated as confidential and withheld under the Freedom of Information 
Act. Provided, That the policy regarding availability of written 
submissions set forth in this paragraph may only be used with the prior 
approval of the Secretary, or the Under Secretary or Assistant Secretary 
that administers the program that is the subject of the notice.

[60 FR 66480, Dec. 22, 1995]

Sec. 1.28  Petitions.

    Petitions by interested persons in accordance with 5 U.S.C. 553(e) 
for the issuance, amendment or repeal of a rule may be filed with the 
official that issued or is authorized to issue the rule. All such 
petitions will be given prompt consideration and petitioners will be 
notified promptly of the disposition made of their petitions.

[11 FR 177A-233, Sept. 11, 1946. Redesignated at 13 FR 6703, Nov. 16, 
1948, as amended at 60 FR 66481, Dec. 22, 1995]

Sec. 1.29  Subpoenas relating to investigations under statutes 
          administered by the Secretary of Agriculture.

    (a) Issuance of subpoena. (1) When the Secretary is authorized by 
statute to issue a subpoena in connection with an investigation being 
conducted by the Department, the attendance of a witness and the 
production of evidence relating to the investigation may be required by 
subpoena at any designated place, including the witness' place of 
business. Upon request of any representative of the Secretary involved 
in connection with the investigation, the subpoena may be issued by the 
Secretary, the Inspector General, or any Department official authorized 
pursuant to part 2 of this title to administer the program to which the 
subpoena relates, if the official who is to issue the subpoena is 
satisfied as to the reasonableness of the grounds, necessity, and scope 
of the subpoena. Except as provided in paragraph (a)(2) of this section, 
the authority to issue subpoenas may not be delegated or redelegated by 
the head of an agency.
    (2) The Administrator, Grain Inspection, Packers and Stockyards 
Administration, may delegate the authority to issue subpoenas in 
connection with investigations being conducted under the Packers and 
Stockyards Act (7 U.S.C. 181-229), to the Deputy Administrator, Packers 
and Stockyards Programs.
    (3) In the case of a subpoena issued under the Plant Protection Act 
(7 U.S.C. 7701-7772) or Title V of the Agricultural Risk Protection Act 
of 2000 (7 U.S.C. 2279e-2279f), the subpoena will be reviewed for legal 
sufficiency by the Office of the General Counsel, USDA.
    (b) Service of subpoena. (1) A subpoena issued pursuant to this 
section may be served by:
    (i) A U.S. Marshal or Deputy Marshal,
    (ii) Any other person who is not less than 18 years of age, or
    (iii) Certified or registered mailing of a copy of the subpoena 
addressed to the

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person to be served at his, her, or its last known residence or 
principal place of business or residence.
    (2) Proof of service may be made by the return of service on the 
subpoena by the U.S. Marshal, or Deputy Marshal; or, if served by an 
individual other than a U.S. Marshal or Deputy Marshal, by an affidavit 
or certification of such person stating that he or she personally served 
a copy of the subpoena upon the person named in the subpoena; or, if 
service was by certified or registered mail, by the signed Postal 
Service receipt.
    (3) In making personal service, the person making service shall 
leave a copy of the subpoena with the person subpoenaed; and the 
original, bearing or accompanied by the required proof of service, shall 
be returned to the official who issued the subpoena.

[39 FR 15277, May 2, 1974, as amended at 40 FR 58281, Dec. 16, 1975; 42 
FR 65131, Dec. 30, 1977; 43 FR 12673, Mar. 27, 1978; 60 FR 66481, Dec. 
22, 1995; 66 FR 36907, July 16, 2001]
