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(a) Upon motion of a party, the ALJ may impose sanctions under paragraph (b) of this section if any party:
(1) Fails to comply with an order approving discovery; or
(2) Fails to supplement or amend a response to discovery under § 1.642(a).
(b) The ALJ may impose one or more of the following sanctions:
(1) Infer that the information, testimony, document, or other evidence withheld would have been adverse to the party;
(2) Order that, for the purposes of the hearing, designated facts are established;
(3) Order that the party not introduce into evidence, or otherwise rely on to support its case, any information, testimony, document, or other evidence:
(i) That the party improperly withheld; or
(ii) That the party obtained from another party in discovery;
(4) Allow another party to use secondary evidence to show what the information, testimony, document, or other evidence withheld would have shown; or
(5) Take other appropriate action to remedy the party's failure to comply.
This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.
This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].
It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.
§ 552 - Public information; agency rules, opinions, orders, records, and proceedings
§ 552a - Records maintained on individuals
§ 556 - Hearings; presiding employees; powers and duties; burden of proof; evidence; record as basis of decision
§ 61 - General regulations, investigations, tests, etc., by Secretary
§ 87e - General authorities
§ 228 - Authority of Secretary
§ 291 - Authorization of associations; powers
§ 292 - Monopolizing or restraining trade and unduly enhancing prices prohibited; remedy and procedure
§ 499o - Rules, regulations, and orders; appointment, removal, and compensation of officers and employees; expenditures; authorization of appropriations; abrogation of inconsistent statutes
§ 608c - Orders
§ 1592 - Rules and regulations
§ 1624 - Cooperation with Government and State agencies, private research organizations, etc.; rules and regulations
§ 2151 - Rules and regulations
§ 2279e - Civil penalty
§ 2621 - Enforcement
§ 2714 - Civil enforcement proceedings
§ 2908 - Enforcement
§ 3125a - National Agricultural Library
§ 3812 - Authority in addition to other laws; effect on State laws
§ 4610 - Enforcement
§ 4815 - Enforcement
§ 4910 - Enforcement
§ 6009 - Enforcement
§ 6107 - Enforcement
§ 6207 - Enforcement
§ 6307 - Enforcement
§ 6411 - Enforcement
§ 6519 - Recordkeeping, investigations, and enforcement
§ 6520 - Administrative appeal
§ 6808 - Enforcement
§ 7107 - Enforcement
§ 7734 - Penalties for violation
§ 8313 - Penalties
§ 1828 - Rules and regulations
§ 620 - Findings and purposes
§ 620a - Restrictions on exports of unprocessed timber originating from Federal lands
§ 620b - Limitations on substitution of unprocessed Federal timber for unprocessed timber exported from private lands
§ 620c - Restriction on exports of unprocessed timber from State and other public lands
§ 620d - Monitoring and enforcement
§ 620e - Definitions
§ 620f - Regulations and review
§ 620g - Authorization of appropriations
§ 620h - Savings provision
§ 620i - Eastern hardwoods study
§ 620j - Authority of Export Administration Act of 1979
§ 797 - General powers of Commission
§ 811 - Operation of navigation facilities; rules and regulations; penalties
§ 823d - Alternative conditions and prescriptions
§ 1540 - Penalties and enforcement
§ 3373 - Penalties and sanctions
§ 111 - Repealed. Pub. L. 107–171, title X, § 10418(a)(7), (8), May 13, 2002, 116 Stat. 507, 508
§ 154 - Regulations for preparation and sale; licenses
§ 463 - Rules and regulations
§ 621 - Inspectors to make examinations provided for; appointment; duties; regulations
§ 1043 - Rules and regulations; administration and enforcement
§ 3801 - Definitions
§ 3802 - False claims and statements; liability
§ 3803 - Hearing and determinations
§ 3804 - Subpoena authority
§ 3805 - Judicial review
§ 3806 - Collection of civil penalties and assessments
§ 3807 - Right to administrative offset
§ 3808 - Limitations
§ 3809 - Regulations
§ 3810 - Repealed. Pub. L. 104–66, title III, § 3001(c)(1), Dec. 21, 1995, 109 Stat. 734]
§ 3811 - Effect on other law
§ 3812 - Prohibition against delegation
§ 9701 - Fees and charges for Government services and things of value
§ 1740 - Rules and regulations
Title 7 published on 06-Jun-2018 03:53
The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 7 CFR Part 1 after this date.
The United States Department of Agriculture (USDA) is proposing revisions to its current regulations implementing the Freedom of Information Act (FOIA). The revisions in this notice are modeled, in part, after the template published by the Department of Justice Office of Information Policy and will streamline USDA's FOIA processing procedures, include current cost figures to be used in calculating fees but, most importantly, incorporate changes brought about by the FOIA Improvement Act of 2016 and the OPEN Government Act of 2007.
In a final rule published on January 19, 2017, federal departments and agencies listed in this document made revisions to the Federal Policy for the Protection of Human Subjects. The Consumer Product Safety Commission (CPSC) adopted the same regulatory changes in a separate final rule published on September 18, 2017. The revised policy, reflected in both final rules, is described here as the “2018 Requirements.” The 2018 Requirements are scheduled to become effective on January 19, 2018, with a general compliance date of January 19, 2018 (with the exception of the revisions to the cooperative research provision). This interim final rule delays the effective date and general compliance date of the 2018 Requirements to July 19, 2018. The federal departments and agencies listed in this document are in the process of developing a proposed rule to further delay implementation of the 2018 Requirements. The limited implementation delay accomplished by this interim final rule both provides additional time to regulated entities for the preparations necessary to implement the 2018 Requirements, and additional time for the departments and agencies listed in this document to seek input from interested stakeholders through a notice and comment rulemaking process that allows for public engagement on the proposal for a further implementation delay.
The U.S. Department of Agriculture (USDA) is adopting a final rule to establish rules of practice and procedure governing formal rulemaking proceedings instituted by the Secretary. This final rule applies to rulemakings that are not subject to the rules of practice and procedure for the promulgation of, or an amendment to, marketing orders or research and promotion orders.
This final rule amends the scope and applicability of the U.S. Department of Agriculture's (USDA) uniform rules of practice governing adjudicatory proceedings to include actions initiated under subtitles B and D of the Agricultural Marketing Act of 1946, as amended (1946 Act).
The departments and agencies listed in this document announce revisions to modernize, strengthen, and make more effective the Federal Policy for the Protection of Human Subjects that was originally promulgated as a Common Rule in 1991. This final rule is intended to better protect human subjects involved in research, while facilitating valuable research and reducing burden, delay, and ambiguity for investigators. These revisions are an effort to modernize, simplify, and enhance the current system of oversight.
The Departments of Agriculture, the Interior, and Commerce are jointly issuing final rules for procedures for expedited trial-type hearings and the consideration of alternative conditions and fishway prescriptions required by the Energy Policy Act of 2005. The hearings are conducted to expeditiously resolve disputed issues of material fact with respect to conditions or prescriptions developed for inclusion in a hydropower license issued by the Federal Energy Regulatory Commission under the Federal Power Act. The final rules make no changes to existing regulations that have been in place since the revised interim rules were published on March 31, 2015, and took effect on April 30, 2015. At the time of publication of the revised interim rules, the Departments also requested public comments on additional ways the rules could be improved. The Departments now respond to the public comments received on the revised interim rules by providing analysis and clarifications in the preamble. The Departments have determined that no revisions to existing regulations are warranted at this time.
The Department of Health and Human Services and the other Federal Departments and Agencies listed in this document are extending the comment period on the Federal Policy for the Protection of Human Subjects notice of proposed rulemaking. The NPRM requests comment on proposed revisions to modernize, strengthen, and make more effective the Federal Policy for the Protection of Human Subjects that was promulgated as a Common Rule in 1991. The NPRM was published in the Federal Register on September 8, 2015.
The departments and agencies listed in this document propose revisions to modernize, strengthen, and make more effective the Federal Policy for the Protection of Human Subjects that was promulgated as a Common Rule in 1991. This NPRM seeks comment on proposals to better protect human subjects involved in research, while facilitating valuable research and reducing burden, delay, and ambiguity for investigators. This proposed rule is an effort to modernize, simplify, and enhance the current system of oversight. The participating departments and agencies propose these revisions to the human subjects regulations because they believe these changes would strengthen protections for research subjects while facilitating important research.
The Departments of Agriculture, the Interior, and Commerce are jointly revising the procedures they established in November 2005 for expedited trial-type hearings required by the Energy Policy Act of 2005. The hearings are conducted to expeditiously resolve disputed issues of material fact with respect to conditions or prescriptions developed for inclusion in a hydropower license issued by the Federal Energy Regulatory Commission under the Federal Power Act. The Departments are also revising the procedures for considering alternative conditions and prescriptions submitted by a party to a license proceeding.
This document revises the delegations of authority from the Secretary of Agriculture and general officers of the Department of Agriculture (USDA) to reflect changes and additions to the delegations required by the Agricultural Act of 2014, Public Law 113-79. Other additions, deletions, and changes are made as summarized below.