C.F.R. » Title 7 » CHAPTER I—AGRICULTURAL MARKETING SERVICE (STANDARDS, INSPECTIONS, MARKETING PRACTICES), DEPARTMENT OF AGRICULTURE › SUBCHAPTER B—MARKETING OF PERISHABLE AGRICULTURAL COMMODITIES › PART 47—ADMINISTRATIVE PROCEDURES UNDER THE PERISHABLE AGRICULTURAL COMMODITIES ACT

7 C.F.R. § 47.25

Filing; extensions of time; effective date of filing; computations of time; official notice

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(a) Filing, number of copies. Except as is provided otherwise herein, all documents or papers required or authorized by these rules to be filed with the Hearing Clerk shall be filed in triplicate: Provided, That, where there are more than two parties to the proceeding, a sufficient number of copies shall be filed so as to provide for service upon all the parties to the proceeding. Any document or paper required or authorized by the regulations in this part to be filed with the Hearing Clerk shall, during the course of an oral hearing, be filed with the examiner.

(b) Extensions of time. The time for the filing of any document or paper (except an informal complaint) required or authorized under the regulations in this part to be filed may be extended by the examiner (before the transmittal of the record to the Secretary) or by the Secretary (after such transmittal), if, in the judgment of the examiner or the Secretary, as the case may be, there is good reason for the extension.

(c) Effective date of filing. Any document or paper required or authorized under the regulations in this part to be filed shall be deemed to be filed when it reaches the Department in Washington, DC; or, if filed with any officer or employee of the Regulatory Branch of the Fruit and Vegetable Programs at any place outside the District of Columbia, it shall be deemed to be filed at the time when it is received by such officer or employee.

(d) Computations of time. Saturdays, Sundays and holidays shall be included in computing the time allowed for the filing of any document or paper: Provided, That, when such time expires on a Saturday, Sunday or Federal holiday, such period shall be extended to include the next following business day.

(e) Official notice. In any proceeding official notice may be taken of (1) such matters as are judicially noticed by the courts of the United States; (2) any other matter of technical, scientific, or commercial fact of established character; and (3) relevant publications and records of the Department.

[10 FR 2217, Feb. 27, 1945; 11 FR 224, Jan. 4, 1946, as amended at 24 FR 10055, Dec. 12, 1959; 56 FR 175, Jan. 3, 1991; 60 FR 8462, Feb. 14, 1995; 64 FR 38108, July 15, 1999]
Notes of Decisions
Cited in 1 case, 1995–1995 · leading case: John J. Conforti, Doing Bus. as C & C Produce v. United States, 69 F.3d 897 (8th Cir. 1995).
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John J. Conforti, Doing Bus. as C & C Produce v. United States, 69 F.3d 897 (8th Cir. 1995). “USDA regulations allow the JO to take official notice of “relevant publications and records of the department,” 7 C.F.R. § 47.25 (f)(3) (1993), and the USDA Rules of Practice permit the JO to consider “any matter of which official notice is taken.”
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