7 CFR 1.132 – Definitions
As used in this subpart, the terms as defined in the statute under which the proceeding is conducted and in the regulations, standards, instructions, or orders issued thereunder, shall apply with equal force and effect. In addition and except as may be provided otherwise in this subpart:
Terms Used In 7 CFR 1.132
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Statute: A law passed by a legislature.
Administrator means the Administrator of the Agency administering the statute involved, or any officer or employee of the Agency to whom authority has heretofore been delegated, or to whom authority may hereafter be delegated, to act for the Administrator.
Complainant means the party instituting the proceeding.
Complaint means the formal complaint, order to show cause, or other document by virtue of which a proceeding is instituted.
Decision means: (1) The Judge’s initial decision made in accordance with the provisions of 5 U.S.C. § 556 and 557, and includes the Judge’s (i) findings and conclusions and the reasons or basis therefor on all material issues of fact, law or discretion, (ii) order, and (iii) rulings on proposed findings, conclusions and orders submitted by the parties; and
(2) The decision and order by the Judicial Officer upon appeal of the Judge’s decision.
Hearing means that part of the proceeding which involves the submission of evidence before the Judge for the record in the proceeding.
Hearing Clerk means the Hearing Clerk, United States Department of Agriculture, Washington, DC 20250.
Judge means any Administrative Law Judge appointed pursuant to 5 U.S.C. § 3105 and assigned to the proceeding involved.
Judicial Officer means an official of the United States Department of Agriculture delegated authority by the Secretary of Agriculture, pursuant to the Act of April 4, 1940 (7 U.S.C. §§ 450c-450g) and Reorganization Plan No. 2 of 1953 (5 U.S.C. App. (1988)), to perform the function involved (§ 2.35(a) of this chapter), or the Secretary of Agriculture if the authority so delegated is exercised by the Secretary.
Mail means to deposit an item in the United States Mail with postage affixed and addressed as necessary to cause it to be delivered to the address shown by ordinary mail, or by certified or registered mail if specified.
Petitioner means an individual who has filed a petition for review of a determination that the individual is responsibly connected to a licensee within the meaning of 7 U.S.C. § 499a(b)(9).
Re-mail means to mail by ordinary mail to an address an item that has been returned after being sent to the same address by certified or registered mail.
Respondent means the party proceeded against.