Imagini ale paginilor
PDF
ePub

him from acting as such a counsel or representative pending completion of the procedures specified in the preceding sentence.

(3) No employee or former employee of the Department shall be permitted to represent any person before the Department in connection with any particular matter as to which by reason of his employment he acquired personal knowledge of such a nature that it would be improper, unethical, or contrary to the public interest for him so to act.

(4) This section shall not be construed to prevent an employee or former employee of the Department from appearing as a witness in any hearing or other proceeding before the Department.

(c) Statutory provisions. Chapter 11 of Title 18, United States Code prohibits employees and former employees from representing others under certain circumstances. See $0.735-41 of this subtitle for illustrations.

(18 U.S.C. 203, 205, 207)

[32 FR 5458, Apr. 1, 1967]

§ 1.27 Rulemaking procedures.

In all cases where notice of proposed rule making is given:

(a) The notice shall indicate the procedure to be followed in the rule making proceeding unless the procedure is prescribed by statute or by published rule of the Department. Each notice of proposed rule making shall contain a statement which will advise the public of the policy regarding availability of written submissions by indicating specifically whether paragraphs (b), (c), or (d) of this section will be applicable to submissions made pursuant to the notice.

(b) All written submissions made pursuant to notice of proposed rule making shall be made available for public inspection at such times and places and in a manner convenient to the public business.

(c) Any submission, pursuant to such notice, will be held confidential when so requested by the person making the submission upon a determination, by an official of the Department authorized to issue the rule under consideration, that he has shown that the making public of the submission may

result in an adverse effect on him by reason of:

(1) Disclosing trade secrets, processes, operations, style of work or apparatus, or the identity, confidential statistical data, amount or source of any income, profits, losses, or expenditures; or

(2) Exposing such person to substantial disadvantage in his business or

employment.

Where request is made hereunder for confidential treatment of a submission, the person making the request shall be informed promptly in the event the request is denied and afforded an opportunity to withdraw the submission. Any such request will be held confidential; however, where a determination is made to grant a request for confidential treatment under paragraph (c)(2) of this section, a statement of the specific basis for such determination which will not be susceptible of identifying the person making the request will be made available for public inspection.

(d) Where the nature of the subject matter of the proposed rule is such that meaningful submissions cannot be expected unless they treat with matters of the kind referred to in paragraph (c) of this section, then in that event the notice of proposed rule making shall so indicate and also contain a statement that submissions pursuant thereto will be treated as confidential: Provided, That such action shall have the prior approval of the Secretary, the Under Secretary, or an Assistant Secretary.

(e) This section shall apply in any instance where the Department or an agency thereof by published notice solicits, or affords interested members of the public an opportunity to submit, written views with respect to any proposed action relating to any program administered in the Department regardless of the fact that the issuance of a rule may not be contemplated. [29 FR 7311, June 5, 1964, as amended at 29 FR 9319, July 8, 1964]

§ 1.28 Petitions.

Petitions by interested persons in accordance with the provisions of section 4(d) of the Administrative Procedure

Act (60 Stat. 239; 5 U.S.C. 1003(d)) for the issuance, amendment or repeal of a rule may be filed with the official that issued or is authorized to issue the rule. All such petitions will be given prompt consideration and petitioners will be notified promptly of the disposition made of their petitions. [11 FR 177A-233, Sept. 11, 1946. Redesignated at 13 FR 6703, Nov. 16, 1948]

§ 1.29 Subpoenas relating to investigations under statutes administered by the Secretary of Agriculture.

(a) Issuance of subpoena. When the Secretary is authorized by statute to issue a subpoena in connection with an investigation being conducted by the Department, the attendance of a witness and the production of evidence relating to the investigation may be required by subpoena at any designated place, including the witness' place of business. Upon request of any representative of the Secretary involved in connection with the investigation, such subpoena may be issued by the Secretary, the Inspector General, or any Department official authorized pursuant to Part 2 of this title to administer the program to which the statute relates, if the official who is to issue the subpoena is satisfied as to the reasonableness of the grounds, necessity and scope thereof: Provided, however, That the authority to issue subpoenas may not be delegated or redelegated by the head of an agency. Notwithstanding the foregoing proviso, the Administrator, Agricultural Marketing Service may delegate the authority to issue subpoenas in connection with investigations being conducted under the Packers and Stockyards Act, as amended and supplemented (7 U.S.C. 181-229), to the Deputy Administrator, Packers and Stockyards, Agricultural Marketing Service.

(b) Service of subpoena. (1) A subpoena issued pursuant to this section may be served by:

(i) A U.S. Marshal or Deputy Marshal,

(ii) Any other person who is not less than 18 years of age, or

(iii) Certified or registered mailing of a copy of the subpoena addressed to the person to be served at his or its

last known residence or principal place of business or residence.

(2) Proof of service may be made by the return of service on the subpoena by the U.S. Marshal, or Deputy Marshal; or, if served by an individual other than a U.S. Marshal or Deputy Marshal, by an affidavit or certification of such person stating that he personally served a copy of the subpoena upon the person named therein; or, if service was by certified or registered mail, by the signed Postal Service receipt.

(3) In making personal service, the person making service shall leave a copy of the subpoena with the person subpoenaed; and the original, bearing or accompanied by the required proof of service, shall be returned to the official who issued the subpoena. (5 U.S.C. 301).

[39 FR 15277, May 2, 1974, as amended at 40 FR 58281, Dec. 16, 1975; 42 FR 65131, Dec. 30, 1977; 43 FR 12673, Mar. 27, 1978]

Subpart C-Judicial Proceedings

§ 1.41 Service of process.

Process in any suit brought in Washington, District of Columbia, against the United States or any officer of the U.S. Department of Agriculture in any matter involving the activities of this Department, shall be served on the General Counsel of the Department. A U.S. Marshal or other process server attempting to serve process in such a suit on any officer of the Department shall be referred to the Office of the General Counsel, in order that service of process may be made. In the event an officer of the Department of Agriculture is served with process in such a suit, he shall immediately notify the General Counsel. Any subpoena, summons, or other compulsory process requiring an officer or employee to give testimony, or to produce or disclose any record or material of the U.S. Department of Agriculture, shall be served on the officer or employee of the U.S. Department of Agriculture named in the subpoena, summons, or other compulsory process. Service of process shall be made upon the General Counsel to enforce child support or alimony payments owned by employ

ees of the Department either personally or by certified registered mail, return receipt requested.

[19 FR 4052, July 3, 1954, as amended at 33 FR 10273, July 18, 1968; 43 FR 6202, Feb. 14, 1978]

Subpart D-Claims

§ 1.51 Claims based on negligence, wrongful act, or omission.

(a) Authority of Department—(1) Claims which accrue prior to January 18, 1967. Under the provisions of the Federal Tort Claims Act, 28 U.S.C. 2671-2680 in effect prior to January 18, 1967, the Department may consider, ascertain, adjust, determine and settle claims for money damages of $2,500 or less against the United States for personal injury, death, or property loss or damage caused by the negligent or wrongful act or omission of any employee of the Department while acting within the scope of his office or employment, under circumstances where the United States, if it were a private person, would be liable, in accordance with the law of the place where the act or omission occurred. This paragraph applies only to those claims which accrue before January 18, 1967.

for

(2) Claims which accrue on or after January 18, 1967. Under the provisions of the Federal Tort Claims Act, as amended, in effect on and after January 18, 1967, and the regulations issued by the Department of Justice contained in 28 CFR Part 14, the Department may, subject to the provisions of such Act and regulations, consider, ascertain, adjust, determine, compromise, and settle claims money damages against the United States for personal injury, death, or property loss or damage caused by the negligent or wrongful act or omission of any employee of the Department while acting within the scope of his office or employment, under circumstances where the United States, if it were a private person, would be liable, in accordance with the law of the place where the act or omission occurred. This paragraph applies only to those claims which accrue on or after January 18, 1967.

(b) Procedure for filing claims. Claims may be presented by the claimant, his duly authorized agent or legal representative as specified in 28 CFR 14.3. Standard Form 95, Claim for Damage or Injury, may be obtained from the local office of the Departmental agency which employs the employee who allegedly committed the negligent or wrongful act or omission. The completed claim form, together with appropriate evidence and information, as specified in 28 CFR 14.4, shall be filed with the office from which obtained.

(c) Determination of claims—(1) Delegation of authority to determine claims. The General Counsel, and such Washington and field employees of the Office of the General Counsel as may be designated by the General Counsel, are hereby authorized to consider, ascertain, adjust, determine, compromise, and settle claims pursuant to the Federal Tort Claims Act, as amended, and the regulations contained in 28 CFR Part 14 and in this section. This delegation supersedes that part of the delegation of authority to the General Counsel published in 27 FR 5917 which relates to allowance and disallowance of tort claims.

(2) Allowance of claim. If a claim is allowed in full or in part, the Office of the General Counsel will notify the fiscal officer of the departmental agency involved so that such agency may prepare and process an appropriate voucher for payment.

(3) Disallowance of claim. If a claim is denied, the General Counsel, or his designee, shall so notify the claimant, his attorney, or legal representative. (5 U.S.C. 301, 28 U.S.C. 2671-2680; 28 CFR Part 14)

[32 FR 1021, Jan. 28, 1967]

§ 1.52 Claims collection standards.

(a) Authority of department. The regulations in this section are issued under section 3 of the Federal Claims Collection Act of 1966, 31 U.S.C. 952, and in conformity with the Joint Regulations issued under that Act by the Attorney General and the Comptroller General prescribing standards for administrative collection, compromise, termination of agency collection

action, and referral to the General Accounting Office, and to the Department of Justice for litigation, of civil claims by the Government for money or property, 4 CFR Chapter II.

(b) General collection standards. The Joint Regulations of the Attorney General and the Comptroller General set forth in 4 CFR, Chapter II, are applicable to and controlling on the U.S. Department of Agriculture to the extent that statutes other than the Federal Claims Collection Act of 1966, or authorized regulations issued pursuant to such other statutes, do not establish standards governing the matters covered by such Joint Regulations.

(c) Designation. The head of each agency of the Department, and such persons as may be designated by him for such purpose, with respect to claims of his agency (or the Director, National Finance Center on behalf of each agency head), is authorized to perform all of the duties and exercise all of the authority of the Secretary under the Federal Claims Collection Act of 1966, the aforementioned Joint Regulations of the Attorney General and the Comptroller General, and the regulations in this section: Provided, That with respect to claims of $400 or more, exclusive of interest, the head of each such agency may, if he considers it necessary or advisable to do so, direct that no compromise shall be effected or collection action terminated or suspended under authority of such Act and regulations, except with the advice and counsel of the Office of the General Counsel of the U.S. Department of Agriculture.

(Sec. 3, 80 Stat. 309; 31 U.S.C. 952)

[32 FR 2805, Feb. 11, 1967, as amended at 42 FR 10299, Feb. 22, 1977]

Subpart E-Cooperative Production of Television Films

SOURCE: 22 FR 2904, Apr. 25, 1957, unless otherwise noted.

§ 1.71 Purpose.

This subpart establishes procedures for developing special working relationships with the Department of Agriculture requested by producers of

films for television use. These procedures are designed to guide Department employees and producers of commercial television pictures in entering into such arrangements.

§ 1.72 Policy.

(a) General. It is a basic policy of the Department of Agriculture to make information freely available to the public.

(b) Cooperation with television film producers. The Department recognizes that its people and programs constitute a rich source of materials on public services, often dramatic and interesting for their human values, which are suitable for production of films for television showings. The Department welcomes the interest of television film producers in its activities and maintains an "open door" policy with respect to the availability of factual information to such producers, as it does to representatives of other media. As its resources will permit, the Department will work with producers at their request, to assure technical accuracy of scripts and story treatments.

(c) Special working relationships. In those instances where a producer of films for television seeks special Department participation such as the use of official insignia of the Department, or who request special assistance such as the services of technical advisors, use of Government equipment and similar aids which require a material expenditure of public funds, and where the proposed film will further the public service of the Department, the Department will consider entering into a special working relationship with such producer.

(d) News film reporting exempted. Television and news film reporting of Department activities is not covered by this subpart.

§ 1.73 Responsibility.

The Director of Information or his designee will be the authority for the approval of special working relationships on the part of the Department of Agriculture and its agencies. The Director or his designee shall not commit the Department to such spe

[blocks in formation]

§ 1.74 Basis for special working relationships.

The Department and its agencies may lend special assistance on television films when it is clearly evident that public interests are served. Where special assistance is sought, an individual cooperative agreement will be drawn up between the Department with the Director of Information as its agent, and the producer. Details on such assistance as reviewing stories and scripts, loan of material, arrangements for locations, use of official motion picture footage, assignment of technical advisors and similar aids will be covered in the agreement, which shall delineate the general stipulations listed in § 1.75.

§ 1.75 General stipulations.

In requesting special working arrangements the producer must agree to the following stipulations:

(a) The producer must show that he has legal authority to the literary property concerned.

(b) The producer must show access to a distribution channel recognized by the motion picture or television industry. In lieu of complete distribution plans for a television series, a producer must produce satisfactory evidence of financial responsibility (showing financial resources adequate for the defrayment of costs for the proposed undertaking).

(c) The commercial advertising of any show produced, using oral or written rights granted to the producer, shall not indicate any endorsement, either direct or implied, by the U.S. Department of Agriculture or its agencies, of the sponsor's product.

(d) Commercial sponsorship shall be only by a person, firm, or corporation acceptable under the terms of the 1954 Television Code of the National Association of Radio and Television Broadcasters, and all subsequent amendments thereto. Political sponsorship shall not be permitted.

(e) That no production costs shall be chargeable to the U.S. Department of Agriculture.

(f) That such cooperation will not interfere with the conduct of Department programs.

(g) All damages, losses and personal liability incurred by producer will be his responsibility.

(h) That mutual understanding and agreement will be reached upon story, script and film treatment with the Department before film production is begun.

§ 1.76 Department cooperation.

When the producer agrees to meet the above stipulations to the satisfaction of the Director of Information, the U.S. Department of Agriculture and its agencies will be available for consultation on story ideas and give guidance through the services of a technical advisor to insure technical authenticity. Equipment, locations, and personnel will be available to the extent that such availability is concurrent with normal and usual conduct of the operations of the Department. The Department will check and work with the cooperators to arrange shooting schedules in order to avoid interferences with working schedules.

§ 1.77 Assignment of priorities.

(a) Authority. (1) The Director of Information or his designee will make assignment of priorities for the U.S. Department of Agriculture for a television film company's and/or individual producer's story treatment of the subject matter, but no such priority shall limit use of the subject matter itself.

(2) A priority will be given in writing upon acceptance in writing by the producer of the stipulations in § 1.75(b). The U.S. Department of Agriculture will hold the producer's treatment of the story material in confidence until the producer has made a public release pertaining to the subject.

(b) Time and scope. A priority will be given on the producer's story treatment for an agreed upon period of time. Requests for cooperation with similar or conflicting ideas and backgrounds will be considered only after holder of the first priority has used

« ÎnapoiContinuă »