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. § 47.49

Determinations

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(a) The PACA Branch shall determine whether a person was at the time in issue responsibly connected with a licensee whose license is subject to suspension, revocation, or termination or which is subject to having the facts and circumstances of violations of the act published. Such determination shall be made on the basis of license records on file with the PACA Branch, and such other information as may be available.

(b) Upon determining that a person was responsibly connected at the time in issue with a licensee which is subject to the suspension or revocation of its license, or which is subject to having the facts and circumstances of violations of the Act published, and that the employment status and licensing of such person may be restricted, the PACA Branch shall notify the person in writing of his or her status and of any employment and licensing restrictions resulting therefrom.

(c) If a person believes he or she was not responsibly connected with a licensee at the time in issue, he or she may submit the reasons for such belief in written form, along with all pertinent documents, within 30 days of the receipt of such notification to the Chief, who will promptly review the matter and advise the person in writing of the Chief's determination and the reasons for reaching such determination.

(d) Within 30 days of receipt of notification of the Chief's determination, a person who disagrees with such determination may file with the Hearing Clerk, pursuant to § 1.130-1.151 of this title, a petition for review of the determination.

[43 FR 30788, July 18, 1978, as amended at 60 FR 8462, Feb. 14, 1995; 61 FR 11504, Mar. 21, 1996]
Notes of Decisions
Cited in 2 cases, 1983–1991 · leading case: Farley & Calfee, Inc. v. U.S. Dep't of Agric., 941 F.2d 964 (9th Cir. 1991).
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Farley & Calfee, Inc. v. U.S. Dep't of Agric., 941 F.2d 964 (9th Cir. 1991). · cites it 3× “7 C.F.R. § 47.49 (b). The individual may contest this determination and submit his or her reasons in writing, along with supporting documentation.”
Finer Foods Sales Co., Inc. v. John R. Block, Sec'y of Agric., United States Dep't of Agric., & United States of Am., 708 F.2d 774 (D.C. Cir. 1983). “The Secretary’s regulations provide that following an administrative determination that a person was “responsibly connected” with a licensee subject to a disciplinary order, the Department will so advise the person in writing.”
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