C.F.R.
»
Title 7
» CHAPTER IX—AGRICULTURAL MARKETING SERVICE (MARKETING AGREEMENTS AND ORDERS; FRUITS, VEGETABLES, NUTS), DEPARTMENT OF AGRICULTURE › PART 900—GENERAL REGULATIONS › Subpart D—Procedural Requirements Governing Proceedings on Petitions To Modify or To Be Exempted From Marketing Orders
The Secretary may act in the place and stead of a judge in any proceeding hereunder. When he so acts the hearing clerk shall transmit the record to the Secretary at the expiration of the period provided for the filing of proposed findings of fact, conclusions and orders, and the Secretary shall thereupon, after due consideration of the record, issue his final order in the proceeding: Provided, That he may issue a tentative order in which event the parties shall be afforded an opportunity to file exceptions before the issuance of the final order.
Notes of Decisions
Willow Farms Dairy, Inc. v. Freeman, 206 F. Supp. 239 (D. Md. 1962).
“71 of the Rules of Practice, 7 C.F.R. 900.71, emphasizes the extent to which such proceedings have become the province of well-meaning bureaucrats, with little or no personal attention from the Secretary, and with insufficient attention to the limitations placed on their action…”
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