« AnteriorContinuar »
other proceedings before the Department representing others under certain cirof Agriculture, except to the extent that cumstances. See $ 0.735–41 of this subany other regulation of the Department title for illustrations. may specifically make such provisions, (18 U.S.C. 203, 205, 207) (32 F.R. 5458, Apr. or any part thereof, inapplicable as to 1, 1967) particular hearings or other proceedings.
$ 1.27 Rule making procedures. (b) Administrative provisions. (1) In any hearing or other proceeding before
In all cases where notice of proposed the Department of Agriculture, the par
rule making is given: ties may appear in person or by counsel
(a) The notice shall indicate the proor other representative. Persons who
cedure to be followed in the rule making appear as counsel or in a representative
proceeding unless the procedure is precapacity in any hearing or proceeding
scribed by statute or by published rule of must conform to the standards of ethical
the Department. Each notice of proconduct required of practitioners before
posed rule making shall contain a statethe U.S. District Court for the District
ment which will advise the public of of Columbia, and to any applicable
the policy regarding availability of writstandards of ethical conduct established
ten submissions by indicating specifically statutes, executive orders and
whether paragraphs (b), (c), or (d) of regulations.
this section will be applicable to submis(2) Whenever the Secretary finds,
sions made pursuant to the notice. after notice and opportunity for hearing,
(b) All written submissions made purthat a person who is acting or has acted
suant to notice of proposed rule making as counsel or representative in any hear
shall be made available for public inspecing or other proceeding before the De
tion at such times and places and in a
manner partment has not conformed to any such
the publio standards of ethical conduct, he may
(c) Any submission, pursuant to such order that such person be precluded from
notice, will be held confidential when so acting as counsel or representative in
requested by the person making the subany hearing or other proceeding before mission upon a determination, by an the Department for such period of time official of the Department authorized to as he deems warranted. Whenever the issue the rule under consideration, that Secretary has probable cause to believe he has shown that the making public of that any person who is acting or has the submission may result in an adverse acted as counsel or representative in any
effect on him by reason of: such hearing or other proceeding has not
(1) disclosing trade secrets, processes, conformed to any such standards of
operations, style of work or apparatus, or ethical conduct, he may, by written no
the identity, confidential statistical data,
amount or source of any income, profits, tice to such person, suspend him from
losses, or expenditures; or acting as such a counsel or representative
(2) exposing such person to substanpending completion of the procedures tial disadvantage in his business or specified in the preceding sentence. employment. (3) No employee or former employee
Where request is made hereunder for of the Department shall be permitted to
confidential treatment of a submission, represent any person before the Depart
the person making the request shall be ment in connection with any particular informed promptly in the event the rematter as to which by reason of his em- quest is denied and afforded an opporployment he acquired personal knowl- tunity to withdraw the submission. Any edge of such a nature that it would be such request will be held confidential;
improper, unethical, or contrary to the however, where a determination is made ic: public interest for him so to act.
to grant a request for confidential treat(4) This section shall not be construed
ment under subparagraph (2) of this to prevent an employee or former em
paragraph, a statement of the specific
basis for such determination which will ployee of the Department from appear
not be susceptible of identifying the pering as a witness in any hearing or other
son making the request will be made I proceeding before the Department.
available for public inspection. (c) Statutory provisions. Chapter 11
(d) Where the nature of the subject c of Title 18, United States Code prohibits matter of the proposed rule is such that mi employees and former employees from meaningful submissions cannot be ex
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 app 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 scoper thereof.
1 (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
(iii) 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 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, į 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 But 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
Office, and to the Department of Justice (b) Cooperation with television film for litigation, of civil claims by the Gov- producers. The Department recognizes ernment for money or property, 4 CFR that its people and programs constitute Ch. II.
a rich source of materials on public serv(b) General collection standards. The ices, often dramatic and interesting for Joint Regulations of the Attorney Gen- their human values, which are suitable eral and the Comptroller General set for production of films for television forth in 4 CFR, Ch. II, are applicable to showings. The Department welcomes and controlling on the U.S. Department the interest of television film producers of Agriculture to the extent that statutes in its activities and maintains an "open other than the Federal Claims Collection door” policy with respect to the availAct of 1966, or authorized regulations ability of factual information to such issued pursuant to such other statutes, producers, as it does to representatives do not establish standards governing of other media. As its resources will the matters covered by such Joint permit, the Department will work with Regulations.
producers at their request, to assure (c) Designation. The head of each technical accuracy of scripts and story agency of the Department, and such treatments. persons as may be designated by him for (c) Special working relationships. In such purpose, with respect to claims of those instances where a producer of films his agency is authorized to perform all for television seeks special Department of the duties and exercise all of the au- participation such as the use of official thority of the Secretary under the Fed- insignia of the Department, or who reeral Claims Collection Act of 1966, the quest special assistance such as the seryaforementioned Joint Regulations of the
ices of technical advisors, use of GoyAttorney General and the Comptroller ernment equipment and similar aids General, and the regulations in this sec- which require a material expenditure of tion: Provided, That with respect to public funds, and where the proposed claims of $250 or more, exclusive of in
film will further the public service of terest, the head of each such agency
the Department, the Department will may, if he considers it necessary or ad
consider entering into a special working visable to do so, direct that no com
relationship with such producer. promise shall be effected or collection
(d) News film reporting exempted. action terminated or suspended under
Television and news film reporting of authority of such Act and regulations, Department activities is not covered by except with the advice and counsel of
this subpart. the Office of the General Counsel of the $ 1.73 Responsibility. U.S. Department of Agriculture.
The Director of Information or his (Sec. 3, 80 Stat. 309; 31 U.S.C. 952) (32
designee will be the authority for the apF.R. 2805, Feb. 11, 1967, as amended at 32 F.R. 7835, May 30, 1967]
proval of special working relationships
on the part of the Department of AgriSubpart Cooperative Production of
ure and its agencies. The Director Television Films
or his designee shall not commit the DeSOURCE: The provisions of this Subpart E
partment to such special arrangements
COappear at 22 F.R. 2904, Apr. 25, 1957, unless
without proper concurrence and otherwise noted.
ordination with interested agencies and
approval by the appropriate Assistant $ 1.71 Purpose.
Secretary or Group Director. This subpart establishes procedures for
Basis for special working reladeveloping special working relationships
tionships. with the Department of Agriculture re
The Department and its agencies may quested by producers of films for television use. These procedures are designed
lend special assistance on television
films when it is clearly evident that to guide Department employees and pro
public interests are ducers of commercial television pictures
served. Where in entering into such arrangements.
special assistance is sought, an individual
cooperative agreement will be drawn up $ 1.72 Policy.
between the Department with the Di(a) General. It is a basic policy of the rector of Information as its agent, and Department of Agriculture to make in- the producer. Details on such assistance formation freely available to the public. as reviewing stories and scripts, loan of 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 $ 1.75 General stipulations.
arrange shooting schedules in order to
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