As used in this subpart, the terms as defined in the statute under which the proceeding is conducted and in the regulations, standards, instructions, or orders issued thereunder, shall apply with equal force and effect. In addition and except as may be provided otherwise in this subpart:
Complainant means the party instituting the proceeding.
means the formal complaint
, order to show cause, or other document by virtue of which a proceeding is instituted.
means: (1) The Judge
's initial decision
made in accordance with the provisions of 5 U.S.C. 556
, and includes the Judge
's (i) findings and conclusions and the reasons or basis therefor on all material issues of fact, law or discretion, (ii) order, and (iii) rulings on proposed findings, conclusions and orders submitted by the parties; and
means that part of the proceeding which involves the submission of evidence before the Judge
for the record in the proceeding.
means the Hearing Clerk
, United States Department of Agriculture
, Washington, DC 20250.
means any Administrative Law Judge
appointed pursuant to 5 U.S.C. 3105
and assigned to the proceeding involved.
means an official of the United States Department of Agriculture
by the Secretary
of Agriculture, pursuant to the Act
of April 4, 1940 (7 U.S.C. 450c-450g
) and Reorganization Plan No. 2 of 1953 (5 U.S.C. App. (1988)), to perform the function involved (§ 2.35(a)
of this chapter), or the Secretary
of Agriculture if the authority
so delegated is exercised by the Secretary
means to deposit an item in the United States Mail
with postage affixed and addressed as necessary to cause it to be delivered to the address shown by ordinary mail
, or by certified or registered mail
means to mail
by ordinary mail
to an address an item that has been returned after being sent to the same address by certified or registered mail
Respondent means the party proceeded against.
[42 FR 743, Jan. 4, 1977, as amended at 55 FR 30673, July 27, 1990; 60 FR 8455, Feb. 14, 1995; 61 FR 11503
, Mar. 21, 1996; 68 FR 6340
, Feb. 7, 2003]