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officer of the Department shall be referred to the Office of the General Counsel, in order that service of process may be made. In the event an officer of the Department of Agriculture is served with process in such a suit, he shall immediately notify the General Counsel. Any subpoena, summons, or other compulsory process requiring an officer or employee to give testimony, or to produce or disclose any record or material of the U.S. Department of Agriculture, shall be served on the officer or employee of the U.S. Department of Agriculture named in the subpoena, summons, or other compulsory process. (19 F.R. 4052, July 3, 1954, as amended at 33 F.R. 10273, July 18, 1968]

Subpart D-Claims § 1.51 Claims based on negligence,

wrongful act, or omission. (a) Authority of Department-(1) Claims which accrue prior to January 18, 1967. Under the provisions of the Federal Tort Claims Act, 28 U.S.C. 26712680, in effect prior to January 18, 1967, the Department may consider, ascertain, adjust, determine and settle claims for money damages of $2,500 or less against the United States for personal injury, death, or property loss or damage caused by the negligent or wrongful act or omission of any employee of the Department while acting within the scope of his office or employment, under circumstances where the United States, if it were a private person, would be liable, in accordance with the law of the place where the act or omission occurred. This subparagraph applies only to those claims which accrue before January 18, 1967.

(2) Claims which accrue on or after January 18, 1967. Under the provisions of the Federal Tort Claims Act, as amended, in effect on and after January 18, 1967, and the regulations issued by the Department of Justice contained

in 28 CFR Part 14, the Department may, s subject to the provisions of such Act and

regulations, consider, ascertain, adjust, determine, compromise, and settle claims for money damages against the United States for personal injury, death, or property loss or damage caused by the negligent or wrongful act or omission of any employee of the Department while acting within the scope of his office or

employment, under circumstances where The one the United States, if it were a private

person, would be liable, in accordance with the law of the place where the act or omission occurred. This subparagraph applies only to those claims which accrue on or after January 18, 1967.

(b) Procedure for filing claims. Claims may be presented by the claimant, his duly authorized agent or legal representative as specified in 28 CFR 14.3. Standard Form 95, Claim for Damage or Injury, may be obtained from the local office of the Departmental agency which employs the employee who allegedly committed the negligent or wrongful act or omission. The completed claim form, together with appropriate evidence and information, as specified in 28 CFR 14.4, shall be filed with the office from which obtained.

(c) Determination of claims-(1) Delegation of authority to determine claims. The General Counsel, and such Washington and field employees of the Office of the General Counsel as may be designated by the General Counsel, are hereby authorized to consider, ascertain, adjust, determine, compromise, and settle claims pursuant to the Federal Tort Claims Act, as amended, and the regulations contained in 28 CFR Part 14 and in this section. This delegation supersedes that part of the delegation of authority to the General Counsel published in 27 F.R. 5917 which relates to allowance and disallowance of tort claims.

(2) Allowance of claim. If a claim is allowed in full or in part, the Office of the General Counsel will notify the fiscal officer of the departmental agency involved so that such agency may prepare and process an appropriate voucher for payment.

(3) Disallowance of claim. If a claim is denied, the General Counsel, or his designee, shall so notify the claimant, his attorney, or legal representative. (5 U.S.C. 301, 28 U.S.C. 2671–2680; 28 CFR Part 14) (32 F.R. 1021, Jan. 28, 1967] $ 1.52 Claims collection standards.

(a) Authority of department. The regulations in this section are issued under section 3 of the Federal Claims Collection Act of 1966, 31 U.S.C. 952, and in conformity with the Joint Regulations issued under that Act by the Attorney General and the Comptroller General prescribing standards for administrative collection, compromise, termination of agency collection action, and referral to the General Accounting pected unless they treat with matters of the kind referred to in paragraph (c) of this section, then in that event the notice of proposed rule making shall so indicate and also contain a statement that submissions pursuant thereto will be treated as confidential: Provided, That such action shall have the prior approval of the Secretary, the Under Secretary, or an Assistant Secretary.

(e) This section shall apply in any instance where the Department or an agency thereof by published notice 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. (29 F.R. 7311, June 5, 1964, as amended at 29 F.R. 9319, July 8, 1964) $ 1.28 Petitions.

Petitions by interested persons in accordance with the provisions of section 4(d) of the Administrative Procedure Act (60 Stat. 239; 5 U.S.C. 1003(d)) 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 F.R. 177A-233, Sept. 11, 1946. Redesignated at 13 F.R. 6703, Nov. 16, 1948) § 1.29 Subpoenas relating to meat in

spection program. (a) Definitions. When used in this section, the following words, names, or terms shall be construed as follows:

(1) Secretary. The Secretary of Agriculture, or any person acting in his stead.

(2) Administrator. The Administrator of the Consumer and Marketing Service, U.S. Department of Agriculture, or any person acting in his stead.

(3) Inspector General. The Inspector General of the U.S. Department of Agriculture, or any person acting in his stead.

(4) Designated place of hearing. Any place designated for the production of witnesses or documentary evidence, which may include a witness' place of business.

(5) Federal Meat Inspection Act. The Federal Meat Inspection Act (34 Stat. 1260, as amended by the Wholesome Meat Act, Public Law 90-201; 21 U.S.C. 601 et seq.).

(6) Investigation. Any investigation, inquiry, inspection, or audit conducted by the Consumer and Marketing Service or by the Office of the Inspector General, U.S. Department of Agriculture, relating to efficient administration and enforcement of the Federal Meat Inspection Act.

(b) Issuance of subpoena. The attendance of a witness and the production of documentary evidence relating to an investigation may, by subpoena, be required at any designated place of hearing. A subpoena may be issued by either the Secretary, the Administrator, or the Inspector General upon a reasonable showing by the applicant of the grounds, necessity, and reasonable scope thereof.

(c) 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

(ii) Certified or registered mailing of a copy of the subpoena addressed to the person to be served at his 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 of such person stating that he personally served a copy of the subpoena upon the person named therein; or, if service was by certified or registered mail, by the signed return Post Office 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. (Sec. 407, 34 Stat. 1260, as amended; 21 U.S.C. 677, 15 U.S.C. 49) [33 F.R. 7295, May 17, 1968]

Subpart C-Judicial Proceedings $ 1.41

Service of process. Process in any suit brought in Washington, District of Columbia, against the United States or any officer of the U.S. Department of Agriculture in any matter involving the activities of this Department, shall be served on the General Counsel of the Department. A U.S. Marshal or other process server attempting to serve process in such a suit on any officer of the Department shall be referred to the Office of the General Counsel, in order that service of process may be made. In the event an officer of the Department of Agriculture is served with process in such a suit, he shall immediately notify the General Counsel. Any subpoena, summons, or other compulsory process requiring an officer or employee to give testimony, or to produce or disclose any record or material of the U.S. Department of Agriculture, shall be served on the officer or employee of the U.S. Department of Agriculture named in the subpoena, summons, or other compulsory process. (19 F.R. 4052, July 3, 1954, as amended at 33 F.R. 10273, July 18, 1968]

Subpart D-Claims § 1.51 Claims based on negligence,

wrongful act, or omission. (a) Authority of Department~(1) Claims which accrue prior to January 18, 1967. Under the provisions of the Federal Tort Claims Act, 28 U.S.C. 26712680, in effect prior to January 18, 1967, the Department may consider, ascertain, adjust, determine and settle claims for money damages of $2,500 or less against the United States for personal injury, death, or property loss or damage caused by the negligent or wrongful act or omission of any employee of the Depart

ment while acting within the scope of E his office or employment, under circum

stances where the United States, if it were a private person, would be liable, in accordance with the law of the place where the act or omission occurred. This subparagraph applies only to those claims which accrue before January 18, 1967.

(2) Claims which accrue on or after January 18, 1967. Under the provisions

of the Federal Tort Claims Act, as § amended, in effect on and after Janu

ary 18, 1967, and the regulations issued by the Department of Justice contained

in 28 CFR Part 14, the Department may, }s subject to the provisions of such Act and

regulations, consider, ascertain, adjust, determine, compromise, and settle claims for money damages against the United

States for personal injury, death, or to

property loss or damage caused by the negligent or wrongful act or omission

of any employee of the Department while le acting within the scope of his office or the employment, under circumstances where

the United States, if it were a private

person, would be liable, in accordance with the law of the place where the act or omission occurred. This subparagraph applies only to those claims which accrue on or after January 18, 1967.

(b) Procedure for filing claims. Claims may be presented by the claimant, his duly authorized agent or legal representative as specified in 28 CFR 14.3. Standard Form 95, Claim for Damage or Injury, may be obtained from the local office of the Departmental agency which employs the employee who allegedly committed the negligent or wrongful act or omission. The completed claim form, together with appropriate evidence and information, as specified in 28 CFR 14.4, shall be filed with the office from which obtained.

(c) Determination of claims-(1) Delegation of authority to determine claims. The General Counsel, and such Washington and field employees of the Office of the General Counsel as may be designated by the General Counsel, are hereby authorized to consider, ascertain, adjust, determine, compromise, and settle claims pursuant to the Federal Tort Claims Act, as amended, and the regulations contained in 28 CFR Part 14 and in this section. This delegation supersedes that part of the delegation of authority to the General Counsel published in 27 F.R. 5917 which relates to allowance and disallowance of tort claims.

(2) Allowance of claim. If a claim is allowed in full or in part, the Office of the General Counsel will notify the fiscal officer of the departmental agency involved so that such agency may prepare and process an appropriate voucher for payment.

(3) Disallowance of claim. If a claim is denied, the General Counsel, or his designee, shall so notify the claimant, his attorney, or legal representative. (5 U.S.C. 301, 28 U.S.C. 2671–2680; 28 CFR Part 14) (32 F.R. 1021, Jan. 28, 1967) § 1.52 Claims collection standards.

(a) Authority of department. The regulations in this section are issued under section 3 of the Federal Claims Collection Act of 1966, 31 U.S.C. 952, and in conformity with the Joint Regulations issued under that Act by the Attorney General and the Comptroller General prescribing standards for administrative collection, compromise, termination of agency collection action, and referral to the General Accounting

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Office, and to the Department of Justice for litigation, of civil claims by the Government for money or property, 4 CFR Ch. II.

(b) General collection standards. The Joint Regulations of the Attorney General and the Comptroller General set forth in 4 CFR, Ch. II, are applicable to and controlling on the U.S. Department of Agriculture to the extent that statutes other than the Federal Claims Collection Act of 1966, or authorized regulations issued pursuant to such other statutes, do not establish standards governing the matters covered by such Joint Regulations.

(c) Designation. The head of each agency of the Department, and such persons as may be designated by him for such purpose, with respect to claims of his agency is authorized to perform all of the duties and exercise all of the authority of the Secretary under the Federal Claims Collection Act of 1966, the aforementioned Joint Regulations of the Attorney General and the Comptroller General, and the regulations in this section: Provided, That with respect to claims of $250 or more, exclusive of interest, the head of each such agency may, if he considers it necessary or advisable to do so, direct that no compromise shall be effected or collection action terminated or suspended under authority of such Act and regulations, except with the advice and counsel of the Office of the General Counsel of the U.S. Department of Agriculture. (Sec. 3, 80 Stat. 309; 31 U.S.C. 952) (32 F.R. 2805, Feb. 11, 1967, as amended at 32 F.R. 7835, May 30, 1967] Subpart E-Cooperative Production of

Television Films SOURCE: The provisions of this Subpart E appear at 22 F.R. 2904, Apr. 25, 1957, unless otherwise noted. § 1.71 Purpose.

This subpart establishes procedures for developing special working relationships with the Department of Agriculture requested by producers of films for television use. These procedures are designed to guide Department employees and producers of commercial television pictures in entering into such arrangements. $ 1.72 Policy.

(a) General. It is a basic policy of the Department of Agriculture to make information freely available to the public.

(b) Cooperation with television film producers. The Department recognizes that its people and programs constitute a rich source of materials on public seryices, often dramatic and interesting for their human values, which are suitable for production of films for television showings. The Department welcomes the interest of television film producers in its activities and maintains an “open door" policy with respect to the availability of factual information to such producers, as it does to representatives of other media. As its resources will permit, the Department will work with producers at their request, to assure technical accuracy of scripts and story treatments.

(c) Special working relationships. In those instances where a producer of films for television seeks special Department participation such as the use of official insignia of the Department, or who request special assistance such as the services of technical advisors, use of Government equipment and similar aids which require a material expenditure of public funds, and where the proposed film will further the public service of the Department, the Department will consider entering into a special working relationship with such producer.

(d) News film reporting exempted. Television and news film reporting of Department activities is not covered by this subpart. 8 1.73 Responsibility.

The Director of Information or his designee will be the authority for the approval of special working relationships on the part of the Department of Agriculture nd its agencies. The Director or his designee shall not commit the Department to such special arrangements without proper concurrence and COordination with interested agencies and approval by the appropriate Assistant Secretary or Group Director. § 1.74 Basis for special working rela

tionships. The Department and its agencies may 1 lend special assistance on television films when it is clearly evident that public interests are served. Where special assistance is sought, an individual cooperative agreement will be drawn up between the Department with the Director of Information as its agent, and the producer. Details on such assistance as reviewing stories and scripts, loan of

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material, arrangements for locations, use Equipment, locations, and personnel of official motion picture footage, assign- will be available to the extent that such ment of technical advisors and similar availability is concurrent with normal aids will be covered in the agreement, and usual conduct of the operations of which shall delineate the general stipu- the Department. The Department will lations listed in § 1.75.

check and work with the cooperators to

arrange shooting schedules in order to § 1.75 General stipulations.

avoid interferences with working schedIn requesting special working arrange- ules. ments the producer must agree to the following stipulations:

$ 1.77 Assignment of priorities. (a) The producer must show that he (a) Authority. (1) The Director of Inhas legal authority to the literary prop- formation or his designee will make aserty concerned.

signment of priorities for the U.S. De(b) The producer must show access to partment of Agriculture for a television a distribution channel recognized by the film company's and/or individual promotion picture or television industry. In ducer's story treatment of the subject lieu of complete distribution plans for a matter, but no such priority shall limit television series, a producer must pro- use of the subject matter itself. duce satisfactory evidence of financial (2) A priority will be given in writing responsibility (showing financial re- upon acceptance in writing by the prosources adequate for the defrayment of ducer of the stipulations in § 1.75 (b). costs for the proposed undertaking). The U. S. Department of Agriculture will

(c) The commercial advertising of hold the producer's treatment of the any show produced, using oral or writ- story material in confidence until the ten rights granted to the producer, shall producer has made a public release pernot indicate any endorsement, either di- taining to the subject. rect or implied, by the U. S. Department (b) Time and scope. A priority will of Agriculture or its agencies, of the be given on the producer's story treatsponsor's product.

ment for an agreed upon period of time. (d) Commercial sponsorship shall be Requests for cooperation with similar or only by a person, firm, or corporation ac- conflicting ideas and backgrounds will ceptable under the terms of the 1954 be considered only after holder of the Television Code of the National Associa- first priority has used the agreed upon tion of Radio and Television Broadcast- time to develop the materials. ers, and all subsequent amendments (1) Details on priorities will be written thereto. Political sponsorship shall not into the agreements. be permitted.

(2) The Director of Information will (e) That no production costs shall be retain the right to cancel priorities chargeable to the U. S. Department of when the producer at any stage violates Agriculture.

the provisions of the regulations or of (f) That such cooperation will not

a particular agreement, or when public interfere with the conduct of Depart- interest is no longer served. ment programs.

(3) No priority will be canceled until (g) All damages, losses and personal the producer has had an opportunity to liability incurred by producer will be his appear before the Secretary of Agriculresponsibility.

ture or his designee. (h) That mutual understanding and agreement will be reached upon story,

$ 1.78 Development of special working script and film treatment with the De

relationships. partment before film production is (a) Preliminary. Prior to the subbegun.

mittal of a script or the rendering of an $ 1.76 Department cooperation.

agreement, assistance may be given by

the Department or one of its agencies When the producer agrees to meet the in outlining story plans, visits to field above stipulations to the satisfaction of points, and other incidentals that will the Director of Information, the U. S. assist the producer in determining his Department of Agriculture and its course of action. agencies will be available for consulta- (b) Request for special working artion on story ideas and give guidance rangements. Once the decision is made through the services of a technical ad- to go ahead with an agreement, either visor to insure technical authenticity. the interested agency or the producer

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