7 C.F.R. § 1.137

Amendment of complaint, petition for review, or answer; joinder of related matters

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(a) Amendment. At any time prior to the filing of a motion for a hearing, the complaint, petition for review, answer, or response to petition for review may be amended. Thereafter, such an amendment may be made with consent of the parties, or as authorized by the Judge upon a showing of good cause.

(b) Joinder. The Judge shall consolidate for hearing with any proceeding alleging a violation of the Perishable Agricultural Commodities Act, 7 U.S.C. 499a et seq., any petitions for review of determination of status by the Chief, PACA Branch, that individuals are responsibly connected, within the meaning of 7 U.S.C. 499a(b)(9), to the licensee during the period of the alleged violations. In any case in which there is no pending proceeding alleging a violation of the Perishable Agricultural Commodities Act, 7 U.S.C. 499a et seq., but there have been filed more than one petition for review of determination of responsible connection to the same licensee, such petitions for review shall be consolidated for hearing.

[61 FR 11504, Mar. 21, 1996, as amended at 68 FR 6340, Feb. 7, 2003]

Notes of Decisions

Cited in 1 case, 2009–2009 · leading case: Lancelot Kollman Ramos v. US Dept. of Agric., 322 F. App'x 814 (11th Cir. 2009).

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Lancelot Kollman Ramos v. US Dept. of Agric., 322 F. App'x 814 (11th Cir. 2009). “137(a) of the Rules of Practice, 7 C.F.R. § 1.137 (a). We now address three issues raised by Kollman on appeal: (1) whether the USDA reversibly erred in finding that Kollman defaulted and thereby admitted the allegations against him when in July 2005 he timely responded to the…”

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