C.F.R.
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Title 7
» CHAPTER IX—AGRICULTURAL MARKETING SERVICE (MARKETING AGREEMENTS AND ORDERS; FRUITS, VEGETABLES, NUTS), DEPARTMENT OF AGRICULTURE › PART 900—GENERAL REGULATIONS › Subpart A—Procedural Requirements Governing Proceedings Pertaining to Marketing Agreements and Marketing Orders
(a) General. All motions and requests shall be filed with the hearing clerk, except that those made during the course of the hearing may be filed with the judge or may be stated orally and made a part of the transcript. Except as provided in § 900.15(b) such motions and requests shall be addressed to, and ruled on by, the presiding officer if made prior to his certification of the transcript pursuant to § 900.10 or by the Secretary if made thereafter.
(b) Certification to Secretary. The judge may in his discretion submit or certify to the Secretary for decision any motion, request, objection, or other question addressed to the judge.
Notes of Decisions
Nat'l Farmers Org., Inc. v. Lyng, 695 F. Supp. 1207 (D.D.C. 1988).
“7 C.F.R. §§ 900.7 , 900.8. In the same vein, the Department also argues that plaintiff cannot demonstrate irreparable harm because it is within the realm of possibility, however remote, that the Secretary could overrule an adverse decision by the Administrative Law Judge and…”
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