7 CFR 1.802 – Definitions
As used in this subpart:
Terms Used In 7 CFR 1.802
- Cross examine: Questioning of a witness by the attorney for the other side.
- 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.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
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.
Department means the U.S. Department of Agriculture.
Hearing means that part of the proceeding that involves the submission of evidence.
Hearing clerk means the Hearing Clerk, U.S. Department of Agriculture, Washington, DC
Judge means any administrative law Judge appointed pursuant to 5 U.S.C. § 3105 or any presiding official appointed by the Secretary, and assigned to conduct the proceeding.
Party means:
(1) Any employee or contractor of the Department acting in an official capacity; or
(2) A person who intends to cross examine a witness at the hearing and has notified the person named in the notice of hearing by specified dates of his or her intent to participate in the hearing as a “party” pursuant to § 1.804.
Proceeding means a proceeding before the Secretary arising under a statute in which the Secretary uses formal rulemaking procedures as set forth in this subpart.
Secretary means the Secretary of Agriculture of the United States, or any officer or employee of the Department to whom authority has heretofore been delegated, or to whom authority may hereafter be delegated, to act for the Secretary.
Witness means any person who:
(1) Has notified the person named in the notice of hearing by the specified date of his or her intent to participate in the hearing as a witness pursuant to § 1.804; and
(2) Who submits written direct testimony on the proposed regulations pursuant to § 1.807; and
(3) Testifies orally at the hearing.