7 CFR 1.161 – Definitions
As used in this part, words in the single form shall be deemed to import the plural, and vice versa, as the case may require. The following terms shall be construed, respectively, to mean:
Terms Used In 7 CFR 1.161
- 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.
Act means the Capper-Volstead Act, approved February 18, 1922, 42 Stat. 388, 7 U.S.C. § 291, 292.
Association means a cooperative association, a federation of cooperatives, or other association of agricultural producers, as defined in section 1 of the Act.
Complainant or Secretary means the Secretary of Agriculture, United States Department of Agriculture, or any officer(s) or employee(s) to whom authority has heretofore been delegated, or whom authority may hereafter be delegated, to act in his or her stead.
Complaint means a formal complaint instituted by the Secretary of Agriculture requiring respondent to show cause why an order should not be made directing it to cease and desist from acts of monopolization or restraint of trade, which result in undue price enhancement.
Decision means: (1) the Judge’s decision, and includes (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 order submitted by the parties, and (2) the decision and order by the Judicial Officer upon an 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 (the Administrative Procedure Act) and assigned to the proceeding involved.
Judicial Officer means an official of the United States Department of Agriculture delegated authority by the Secretary, 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 if he or she exercises the authority so delegated.
Respondent means the cooperative associations, or association, against whom a complaint has been issued.