PART 283—APPEALS OF QUALITY CONTROL (“QC”) CLAIMS Authority: 7 U.S.C. 2011-2036. Source: Amdt. 348, 59 FR 34561, July 6, 1994, unless otherwise noted. Subpart A—General § 283.1 Meaning of words. As used in this part, words in the singular form shall be deemed to import the plural, and vice versa, as the case may require. § 283.2 Scope and applicability. The rules of practice in this part, shall be applicable to appeals by State agencies of Food and Nutrition Service quality control (QC) claims for Fiscal Year (“FY”) 1986 and subsequent fiscal years pursuant to sections 14(a) and 16(c) of the Food and Nutrition Act of 2008, as amended, 7 U.S.C. 2023(a) and 2025(c). § 283.3 Definitions. As used in this part, the terms as defined in the Food and Nutrition Act of 2008, as amended, 7 U.S.C. 2011-2032 (“Act”), 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 section: Administrator ALJ Appeal Ex parte communication Filing. FNS Hearing Hearing Clerk Judicial Officer OC claim Secretary State agency (1) The agency of State government, including the local offices thereof, which is responsible for the administration of the federally aided public assistance programs within the State, and in those States where such assistance programs are operated on a decentralized basis, it includes the counterpart local agencies which administer such assistance programs for the State agency; and (2) The Indian tribal organization of any Indian tribe determined by the Secretary to be capable of effectively administering a SNAP in accordance with the Food and Nutrition Act of 2008, as amended, 7 U.S.C. 2011-2032. Subpart B—Appeals of QC Claims of $50,000 or More § 283.4 Filing appeals for QC claims of $50,000 or more. (a) Time. (b) Exhaustion of administrative remedies. (c) Filing. (d) Content of the notice. (i) A brief and clear statement that it is an appeal from a QC claim of $50,000 or more identifying the period the claim covers, the date and amount of the bill for collection, and the date of receipt of the bill for collection; (ii) Identification of the State agency as the appellant and FNS as the appellee; (iii) A statement that the notice of appeal is filed pursuant to section 14(a) of the Food and Nutrition Act of 2008; (iv) A copy of the bill for collection which constitutes the basis for the filing of the notice of appeal shall be attached to the notice. (2) Failure to file an acceptable notice of appeal may result in a challenge by FNS to the notice, dismissal of the notice by the ALJ and a waiver of the opportunity for further appeal or review by the Judicial Officer unless the State agency pursues the options as discussed in §§ 283.17(d) and 283.20. (e) Receipt of notice of appeal and assignment of docket number. (1) Send the State agency a letter which shall include the following information: (i) Advice that the notice of appeal has been received and the date of receipt; (ii) The docket number assigned to the appeal and instructions that all future communications related to the appeal shall reference the docket number, and; (iii) Advice that the State agency must file and serve its appeal petition, as set forth in § 283.22, not later than 60 days after receiving a notice of the claim. Failure to file a timely appeal petition may result in a waiver of further appeal rights. (2) Send FNS a copy of the notice of appeal and a copy of the letter to the State agency. (f) Stay of collection. (g) Content of the appeal petition. (1) A brief statement of the allegations of fact and provisions of law that constitute the basis for the appeal including a statement as to whether a factual basis for good cause relief exists; (2) The nature of the relief sought, and; (3) A request for an oral hearing, if desired by the State agency. Failure to request an oral hearing will result in a forfeiture of the opportunity for such a hearing, except as provided in § 283.15(a). (h) FNS answer. (1) File an answer, in accordance with § 283.6, not later than 60 days after the State agency submits its appeal petition and; (2) Advise the Hearing Clerk if FNS wishes to have an oral hearing. (i) Oral hearing not requested. § 283.5 Motion to dismiss. (a) Filing of motion to dismiss. (b) Service of motion to dismiss. (c) Ruling on a motion to dismiss. (d) Dismissal of appeal. (e) Waiver. § 283.6 Answer. (a) Filing and service. (b) Contents. (1) Clearly set forth any defense asserted by FNS; or (2) State that FNS admits all the facts alleged in the appeal petition; or (3) State that FNS admits the jurisdictional allegations of the appeal petition and neither admits nor denies the remaining allegations and consents to the issuance of an order without further procedure. (c) Default. § 283.7 Procedures upon failure to file an answer. The failure by FNS to file an answer shall constitute a waiver of hearing. Upon such failure to file, the State agency shall file a proposed decision, along with a motion for adoption thereof, both of which shall be served upon FNS by the State agency. Within 10 days after service of such motion and proposed decision, FNS may file objections thereto. If the ALJ finds that meritorious objections have been filed, the State agency's motion shall be denied with supporting reasons. If meritorious objections are not filed, the ALJ shall issue an initial decision without further procedures or hearing. Copies of the initial decision or denial of the State agency's motion shall be served on each of the parties and shall be included as part of the official record. Where the decision as proposed by the State agency is adopted as the ALJ's initial decision, such decision of the ALJ shall become final and effective 30 days after service in accordance with § 283.17(c)(2) unless reconsideration or review by the Judicial Officer is sought as discussed in §§ 283.17(d) and 283.20. § 283.8 Rebuttal or amendment of appeal or answer. (a) Not later than 30 days after FNS submits an answer in accordance with § 283.6, the State agency may submit rebuttal evidence. (b) At any time prior to the filing of a motion for a hearing pursuant to § 283.15(b), the appeal petition or the answer may be amended without prior authorization by the ALJ. Thereafter, such an amendment may only be made as authorized by the ALJ upon a showing of cause. § 283.9 Withdrawal of appeal. At any time before the ALJ files an initial decision, the State agency may withdraw its appeal and agree to pay the full amount of the claim. By withdrawing an appeal, the State agency waives all opportunity to appeal or seek further administrative or judicial review on the claim or related matters. § 283.10 Consent decision. At any time before the ALJ files an initial decision, FNS and the State agency may agree to entry of a consent decision. Such decision shall be filed in the form of a decision signed by the parties with appropriate space for signature by the ALJ and shall contain an admission of at least the jurisdictional facts, consent to the issuance of the agreed decision without further procedure and such other admissions or statements as may be agreed between the parties. The ALJ shall enter such decision without further procedures, unless an error is apparent on the face of the document. Such decision shall be final and shall take effect 30 days after the date of the delivery or service of such decision and is not subject to further administrative or judicial. § 283.11 Prehearing conference and procedure. (a) Time and place. (1) An outline of the appeal or defense; (2) The legal theories upon which the party will rely; (3) Copies of or a list of documents that the party anticipates relying upon at the hearing; and (4) A list of witnesses who will testify on behalf of the party. At the discretion of the party furnishing such list of witnesses, the names of the witnesses need not be furnished if they are otherwise identified in some meaningful way, such as a short statement of the type of evidence they will offer. (b) Procedures. (c) Matters to be considered. (1) The simplification of issues; (2) The necessity of amendments to pleadings; (3) The possibility of obtaining stipulations of facts and of the authenticity, accuracy, and admissibility of documents, which will avoid unnecessary proof; (4) The limitation of the number of expert or other witnesses; (5) Negotiation, compromise, or settlement of issues; (6) The exchange of copies of proposed exhibits; (7) The nature of and the date by which discovery, as provided in § 283.12, must be completed; (8) The identification of documents or matters of which official notice may be requested; (9) A schedule to be followed by the parties for the completion of the actions decided at the conference; and (10) Such other matters as may expedite and aid in the disposition of the appeal. (d) Reporting. (2) Any party to the appeal may, upon motion, request the ALJ to allow for a stenographic transcript of a prehearing conference. The party requesting the transcript shall bear the transcription cost of producing the transcript and the duplication cost for one transcript provided to the ALJ and to the other parties to the appeal. (e) Order. § 283.12 Discovery. (a) Dispositions Motion for taking deposition. (i) The name and address of the proposed deponent; (ii) The name and address of the person (referred to hereafter in this section as the “officer”) qualified under the regulations in this part to take depositions, before whom the proposed examination is to be made; (iii) The proposed time and place of the examination, which shall be at least 15 days after the date of service of the motion; and (iv) The reasons why such deposition should be taken, which shall be solely for the purpose of eliciting testimony which otherwise might not be available at the time of the hearing, for use as provided in accordance with paragraph (a)(7) of this section. (2) ALJ's order for taking depositions. (i) The time and place of the examination; (ii) The name of the officer before whom the examination is to be made; and (iii) The name of the deponent. The officer and the time and place need not be the same as those suggested in the motion. (3) Qualifications of officer. (4) Procedure on examination. (ii) The party taking the deposition shall arrange for the examination of the witness either by oral examination, or by written questions upon agreement of the parties or as directed by the ALJ. If the examination is conducted by means of written questions, copies of the questions shall be served upon the other party to the appeal and filed with the officer at least 10 days prior to the date set for the examination unless otherwise agreed, and the other party may serve cross questions and file them with the officer at any time prior to the time of the examination. (iii) The parties may stipulate in writing or the ALJ may upon motion order that a deposition be taken by telephone. A deposition taken by telephone is to be taken at the place where the deponent is to answer questions propounded to the deponent. (iv) The parties may stipulate in writing or the ALJ may upon motion order that a deposition be recorded by other than stenographic means. The stipulation or the order shall designate the manner of recording, preserving and filing of the deposition, and may include other provisions to assure that the recorded testimony is accurate and trustworthy. (5) Certification by the officer. (6) Corrections to the transcript. (ii) Unless a party files such a motion in the manner prescribed, the transcript shall be presumed to be a true, correct, and complete transcript of the testimony given in the deposition proceeding and to contain an accurate description or reference to all exhibits in connection therewith, and shall be deemed to be certified correct without further procedure. (iii) At any time prior to the use of the deposition in accordance with paragraph (a)(7) of this section and after consideration of any objections filed thereto, the ALJ may issue an order making any corrections in the transcript which the ALJ finds are warranted, and these corrections shall be entered onto the original transcript by the Hearing Clerk (without obscuring the original text). (7) Use of depositions. (i) That the witness is deceased; (ii) That the witness is unable to attend or testify because of age, sickness, infirmity, or imprisonment; (iii) That the party offering the deposition has endeavored to procure the attendance of the witness by subpoena, but has been unable to do so; or (iv) That such exceptional circumstances exist as to make it desirable, in the interests of justice, to allow the deposition to be used. If the party upon whose motion the deposition was taken refuses to offer it in evidence, any other party may offer the deposition or any part thereof in evidence. If only part of a deposition is offered in evidence by a party, any other party may require the introduction of any other part which is relevant be considered with the part introduced, and any party may introduce any other parts. (b) Interrogatories, requests for admissions and requests for production of documents Interrogatories. (2) Request for admissions. (3) Request for production of documents. (ii) Parties may request production of any documents regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action. Grounds for objection will not exist if the information sought appears reasonably calculated to lead to the discovery of admissible evidence. (iii) If such documents include privileged information or information the disclosure of which is proscribed by the Food and Nutrition Act of 2008, as amended, such documents need not be produced. (c) Supplementation of response. (1) The identity and location of persons having knowledge of discoverable matters, and (2) The identity of each person expected to be called as an expert witness at the hearing, the subject matter on which such expert(s) is expected to testify, and the substance of the testimony. (d) Frequency and use of discovery. (1) The discovery sought is unreasonably cumulative or duplicative, or is obtainable from some other source that is more convenient, less burdensome, or less expensive; (2) The party seeking discovery has had ample opportunity by discovery in the action to obtain the information sought; or (3) The discovery is unduly burdensome or expensive, taking into account the needs of the case, the amount in controversy, limitations on the parties' resources, and the importance of the issues at stake in the litigation. (e) Protective orders Request for protective order. (2) Issuance of protective order. (i) That discovery not be had; (ii) That the discovery may be had only through a method of discovery other than that requested; (iii) That certain matters not be inquired into, or that the scope of discovery be limited to certain matters; (iv) That discovery be conducted with no one present except persons designated by the ALJ; and (v) That the contents of discovery or evidence be sealed. (f) Failure to respond to discovery Motions to compel. (2) Filing motion to compel. (ii) On matters related to an oral examination, the proponent of the question may complete or adjourn the examination before he applies for an order. (3) Responding to motion to compel. (g) Decision of the ALJ. (2) The initial decision of the ALJ regarding the motion to compel the production of privileged documents or the motion for a protective order shall become final and effective 10 days after service unless either party pursues the options as discussed in §§ 283.17(d) and 283.20. (h) Failure to comply with an order. (2) If any party or other person refuses to obey an order made under this section requiring an answer to designated questions or production of documents, the ALJ may order that the matters regarding which questions were asked or the contents of the document or documents or any other designated facts should be taken to be established for the purposes of the proceeding in accordance with the claim of the party obtaining the order. (i) Postponements or delays. § 283.13 Subpoenas. (a) Issuance of subpoenas. (b) Service of subpoenas. (2) Subpoenas may be served: (i) By a U.S. Marshal or deputy marshal, (ii) By any other person who is not less than 18 years of age, or (iii) By registering and mailing a copy of the subpoena addressed to the person to be served at the last known principal place of business or residence. (3) Proof of service may be made: (i) By the return of service on the subpoena by the U.S. Marshal or deputy marshal, (ii) If served by an employee of the Department, by a certificate stating that he personally served the subpoena upon the person named therein, (iii) If served by another person, by an affidavit of such person stating that he personally served the subpoena upon the person named therein, or (iv) If service was by registered mail, by an affidavit made by the person mailing the subpoena that it was mailed as provided herein and by the signed return post-office receipt. Where the subpoena is issued on behalf of the Secretary and service is by mail, the return receipt without an affidavit or certificate of mailing shall be sufficient proof of service. (4) In making personal service, the person making service shall leave a copy of the subpoena with the person subpoenaed, or, if such person is not immediately available, with any other responsible person authorized to accept service residing or employed at the place of residence or business of the person subpoenaed. (5) The original of the subpoena, bearing or accompanied by the required proof of service, shall be returned to the official who issued the same. The party at whose request the subpoena is issued shall be responsible for the service thereof. § 283.14 Fees of witnesses. Witnesses summoned under these rules shall be paid the same fees and expenses that are paid witnesses in the courts of the United States. Fees shall be paid by the party at whose request the witness appears. Current Federal, State, or local government employees shall not be eligible to receive witness fees. § 283.15 Procedure for hearing. (a) Request for hearing. (b) Time and place. (c) Appearances. (d) Exchange of witness and rebuttal witness lists, statements and exhibits. (2) A witness whose name does not appear on the witness list shall not be permitted to testify and exhibits which were not provided to the opposing party as provided above shall not be admitted into evidence at the hearing absent a showing of cause and as authorized by the ALJ. (e) Deparment of attorney or representative. (2) Whenever it is found, after notice and opportunity for hearing, that a person who is acting or who has acted as attorney or representative for another person in any proceeding before the U.S. Department of Agriculture, is unfit to act as such counsel because of such unethical or contumacious conduct, such person will be precluded from acting as the attorney or representative in any or all proceedings before the Department as found to be appropriate. (f) Failure to appear. (2) Failure to appear at a hearing shall not be deemed to be a waiver of the right to be served with a copy of the ALJ's initial decision, to file a motion for reconsideration pursuant to § 283.17(d) or to seek review by the Judicial Officer in accordance with § 283.20. (g) Order of proceeding. (h) Evidence. (2) Upon a finding of cause, the ALJ may order that any witness be examined separately and apart from all other witnesses except those who may be parties to the appeal or whose presence is shown by a party to be essential to the presentation of the party's cause. (3) After a witness called by either party has testified on direct examination, any other party may request and obtain the production of any statement, or part thereof, of such witness in the possession of the opposing party which relates to the subject matter as to which the witness has testified. Such production shall be made according to the procedures and subject to the definitions and limitations prescribed in the Jencks Act (18 U.S.C. 3500). (4) Evidence which is immaterial, irrelevant, or unduly repetitious, or which is not of the sort upon which responsible persons are accustomed to rely, shall be excluded by order of the ALJ insofar as practicable. (i) Inclusion in the record. (j) Objections. (2) Only objections made before the ALJ may be subsequently relied upon on review by the Judicial Officer. (k) Exhibits. (l) Official records or documents. (m) Official notice. (n) Offer of proof. (o) Transcript. § 283.16 Consolidation of issues. Similar issues involved in appeals by two or more State agencies may be consolidated upon motion by the State agencies, FNS, or at the discretion of the ALJ if it is decided that consolidation would help to promote administrative efficiency. (a) Disposition of consolidated issues. (b) Initial decision. (2) FNS may file a motion for reconsideration pursuant to § 283.17(d) or seek review by the Judicial Officer in accordance with § 283.20. § 283.17 Post-hearing procedure. (a) Corrections to transcript. (2) Unless a party files such a motion in the matter prescribed, the transcript shall be presumed to be a true, correct, and complete transcript of the testimony given at the hearing and to contain an accurate description or reference to all exhibits received in evidence and made part of the hearing record. The transcript shall be deemed to be certified without further action by the ALJ. (3) At any time prior to the filing of the ALJ's initial decision and after consideration of any objections filed as to the transcript, the ALJ may issue an order making any corrections in the transcript that the ALJ finds are warranted. Such corrections shall be entered into the original transcript by the Hearing Clerk (without obscuring the original text). (b) Proposed findings of fact, conclusions of law, order, and briefs. (c) ALJ's initial decision. sua sponte, (2) The ALJ shall prepare, upon the basis of the record and officially noticed matters, and shall file, an initial decision which shall include a decision on a request for good cause relief, a copy of which shall be served upon each of the parties. (3) Such initial decision shall be considered final for purposes of judicial review without further proceedings, unless there is a motion for reconsideration filed pursuant to § 283.17(d) or review by the Judicial Officer is sought pursuant to § 283.20. (4) If no motion for reconsideration or review by the Judicial Officer is filed, the initial decision shall constitute the final notice of determination for purposes of judicial review and shall become effective 30 day after service. (d) Motion for reconsideration. (2) Every such motion must set forth the mattes claimed to have been erroneously decided and the basis of the alleged errors. Such motion shall be accompanied by a supporting brief. (3) Responses to such motions shall be filed in accordance with § 283.18(d). (4) No party may file a motion for reconsideration of an initial decision that has been revised in response to a previous motion for reconsideration. (5) The ALJ may dispose of a motion for reconsideration by denying it or by issuing a revised initial decision. (6) If the ALJ denies a motion for reconsideration, the initial decision shall constitute the final notice of determination for purposes of judicial review and shall become effective 30 days after service unless review by the Judicial Officer is sought in accordance with § 283.20. (7) If the ALJ issues a revised initial decision, that decision shall constitute the final notice of determination for purposes of judicial review and shall become effective 30 days after service unless review by the Judicial Officer is sought in accordance with § 283.20. § 283.18 Motions and requests. (a) Filing. (b) Time for filing. (1) Motions to dismiss pursuant to § 283.5 must be filed within the time allowed for filing an answer; and (2) Motions for reconsideration must be filed within 30 days of service of the ALJ's initial decision pursuant to § 283.17(d). (c) Contents. (d) Response to motions and requests. (e) Certification to the Judicial Officer. § 283.19 ALJs. (a) Assignment. (1) Has any pecuniary interest in any matter or business involved in the appeal, (2) Is related by blood or marriage to any party in the appeal, or (3) Has any conflict of interest which might impair the ALJ's objectivity in the appeal. (b) Disqualification of ALJ. (2) The ALJ may withdraw from any appeal for any reason deemed by the ALJ to be disqualifying. (c) Powers. (i) Rule upon motions and requests; (ii) Set the time and place of a pre-hearing conference and the time of the hearing, adjourn the hearing from time to time, and change the time of the hearing; (iii) Administer oaths and affirmations; (iv) Regulate the scope and timing of discovery; (v) Issue and enforce subpoenas as authorized under 7 U.S.C. 2023(a) and these rules; (vi) Summon and examine witnesses and receive evidence at the hearing; (vii) Appoint expert witnesses in accordance with the provisions of Rule 706 of the Federal Rules of Evidence; (viii) Admit or exclude evidence; (ix) Hear oral argument on facts or law; (x) Upon motion of a party, decide cases, in whole or in part, by non-oral hearing procedures under subpart C of this part where there is no disputed material issue of fact; (xi) Perform all acts and take all measures necessary for the maintenance of order, including the exclusion of contumacious counsel or other persons; (xii) Take all other actions authorized under the Act and these rules, including the extension of time upon motion of a party or sua sponte (2) The ALJ may not rule upon the validity of Federal statutes or regulations. (d) Who may act in the absence of the ALJ. § 283.20 Review by the Judicial Officer. (a) Filing of review petition. (2) As provided in § 283.15(h), objections made before the ALJ regarding evidence or regarding a limitation on examination or cross-examination or other ruling may be relied upon in a Judicial Officer review. (3) Each issue set forth in the review petition, and the arguments thereon, shall be plainly and concisely stated; and shall contain detailed citations to the record, statutes, regulations or authorities being relied upon in support thereof. A brief in support may be filed simultaneously with the review petition. (b) Response to review petition. (c) Transmittal of the record. (2) Such record shall include: The pleadings; motions and requests filed and rulings thereon; the transcript of the testimony taken at the hearing, together with the exhibits filed in connection therewith; any documents or papers filed in connection with a prehearing conference; such proposed findings of fact, conclusions of law, orders, and briefs in support thereof, as may have been filed in connection with the appeal; the ALJ's initial decision; the motion for reconsideration of the ALJ's initial decision; the ALJ's initial decision on the motion for reconsideration and the review petition, and such briefs in support thereof and responses thereto as may have been filed. (d) Oral argument. (e) Scope of argument. (f) Notice of argument; postponement. (g) Order of argument. (h) Submission of briefs. (i) Additional evidence. (j) Decision of the Judicial Officer on review. (2) The Judicial Officer may adopt, reduce, reverse, compromise, remand or approve settlement of any claim initially decided by the ALJ under this part. (3) The Judicial Officer shall promptly serve each party to the appeal with a copy of the ruling of the Judicial Officer which shall be considered the final determination and contain a statement describing the right to seek judicial review. (4) Judicial review must be sought within 30 days of service of the final notice of determination by the Judicial Officer pursuant to 7 U.S.C. 2023(a). § 283.21 Ex parte communications. (a) ALJ; Judicial Officer. (b) Parties; interested persons. (c) Procedure. (1) All such written communications; (2) Memoranda stating the substance of all such oral communications; and (3) Copies of all written responses, and memoranda stating the substance of all oral responses thereto. (4) Upon receipt of a communication knowingly made or knowingly caused to be made by a party in violation of this section, the ALJ or Judicial Officer may, to the extent consistent with the interests of justice and the policy of the underlying statute, require the party to show cause why its claim or interest in the appeal or review should not be dismissed, denied, disregarded or otherwise adversely affected on account of such violation. (d) Decision. § 283.22 Form; filing; service; proof of service; computation of time; and extensions of time. (a) Form. (2) Every pleading and paper filed in the proceeding shall contain a caption setting forth the title of the action, the docket number assigned by the Hearing Clerk, and a descriptive title (e.g., Motion for Extension of Time). (3) Every pleading and paper shall be signed by and contain the address and telephone number of the representative for the party on whose behalf the paper was filed. (b) Filing. (c) Service. (d) Proof of service. (e) Computation of time. (2) When a document has been served by mail, an additional five days will be added to the time permitted for any response. (f) Extensions of time. § 283.23 Procedural matters. (a) Communications from Hearing Clerk. (b) Representation. Subpart C—Summary Procedure for Appeals of QC Claims of Less Than $50,000 § 283.24 Incorporation of procedures by reference. Except as otherwise provided, the following procedures detailed in subpart B of this part shall apply to appeals of QC claims of less than $50,000: §§ 283.5 Motion to Dismiss Answer Rebuttal or Amendment of Appeal or Answer Withdrawal of Appeal Consent Decision Motions and Requests ALJ's Review by the Judicial Officer Ex Parte Communications Filings; Service; Extensions of Time; and Computations of Time Procedural Matters. § 283.25 Filing appeals for QC claims of less than $50,000. (a) Time. (b) Exhaustion of administrative remedies. (c) Filing. (d) Content of the notice of appeal. (i) A brief and clear statement that it is an appeal from a QC claim of less than $50,000 identifying the period the claim covers, the date and amount of the bill for collection, and the date of receipt of the bill for collection; (ii) Identification of the State agency as the appellant and FNS as the appellee; (iii) A statement that the notice of appeal is filed pursuant to section 14(a) of the Food and Nutrition Act of 2008; (iv) A true copy of the bill for collection which constitutes the basis for the filing of the notice of appeal shall be attached to the notice. (2) Failure to file an acceptable notice of appeal may result in a challenge by FNS to the notice and dismissal of the notice by the ALJ and a waiver of the opportunity for further appeal or review by the Judicial Officer unless the State agency pursues the options as discussed in §§ 283.17(d) and 283.20. (e) Receipt of notice of appeal and assignment of docket number. (1) Send the State agency a letter which shall include the following information: (i) Advise that the notice of appeal has been received and the date of receipt; (ii) The docket number assigned to the appeal and instructions that all future communications related to the appeal shall reference the docket number, and; (iii) That the State agency must file and serve its appeal petition, as set forth in § 283.22 not later than 60 days after receiving a notice of the claim. Failure to file a timely appeal petition may result in a waiver of further appeal rights. (2) Send FNS a copy of the notice of appeal and a copy of the letter to the State agency. (f) Stay of collection. (g) Content of appeal petition. (1) A brief statement of the allegations of fact and provisions of law that constitute the basis for the appeal including a statement as to whether a factual basis for good cause relief exists, and (2) The nature of the relief sought. (h) FNS answer. § 283.26 Request that appeals be handled under procedures in subpart B for appeals of QC claims of $50,000 or more. (a) If, after the filing of its appeal petition, the State agency does not believe that the summary procedure provided in this subpart is adequate for handling the appeal and that an oral hearing is necessary, the State agency may file, no later than the date established for the conclusion of any discovery pursuant to § 283.29, a motion that its appeal be handled under the procedures in subpart B of this part. (b) The motion shall specify why the State agency believes that the summary procedure is inadequate and what harm will result if an oral hearing is not held. (c) FNS will have 10 days from service of the State agency's motion that the appeal be handled under subpart B of this part to submit arguments either in support of or against the State agency's position. (d) The ALJ will review the State agency's motion and the information submitted by FNS and decide which procedures shall be used in the appeal. § 283.27 Procedures upon failure to file an answer. The failure by FNS to file an answer shall constitute a waiver of the opportunity to file a cross motion for summary judgment pursuant to § 283.30. Upon such failure to file, the State agency shall file a proposed decision, along with a motion for adoption thereof, both of which shall be served upon FNS by the State agency. Within 10 days after service of such motion and proposed decision, FNS may file with the Hearing Clerk objections thereto. If the ALJ finds that meritorious objections have been filed, the State agency's motion shall be denied with supporting reasons. If meritorious objections are not filed, the ALJ shall issue an initial decision without further procedures. Copies of the decision or denial of State agency's motion shall be served on each of the parties and shall be included as part of the official record. Where the decision as proposed by the State agency is adopted as the ALJ's initial decision, such decision of the ALJ shall become final and effective 30 days after service unless reconsideration or review by the Judicial Officer is sought as discussed in §§ 283.17(d) and 283.20. § 283.28 Discovery. Upon motion and as ordered by the ALJ, written interrogatories, written requests for admissions and written requests for the production of documents, may be served by any party to the appeal upon any other party and used in accordance with § 283.12(b). § 283.29 Scheduling conference. (a) Time and place. (1) An outline of the appeal or defense; (2) The legal theories upon which the party will rely; (3) Copies of or a list of documents that the party anticipates relying upon; (b) Procedures. (c) Scheduling conference. (1) The simplification of issues; (2) The necessity of amendments to pleadings; (3) Stipulations of facts and of the authenticity, accuracy, and admissibility of documents; (4) Negotiation, compromise, or settlement of issues; (5) The exchange of copies of proposed exhibits; (6) The nature of and the date by which discovery, as provided in § 283.28, must be completed; (7) The identification of documents or matters of which official notice may be requested; (8) A schedule to be followed by the parties for the filing of cross-motions for summary judgment and completion of other actions decided at the conference; and (9) Such other matters as may expedite and aid in the disposition of the appeal. (d) Reporting. (e) Attendance at scheduling conference. (f) Order. § 283.30 Cross motions for summary judgment. Appeals filed pursuant to this subpart shall be determined upon cross motions for summary judgment unless the matter is heard under subpart B of this part in accordance with § 283.26. Cross motions for summary judgment shall be filed by the parties along with the appeal petition and answer or in accordance with the schedule established by the ALJ pursuant to § 283.29. Motions for summary judgment shall address the issues raised by the pleadings and may be supported by declarations. Motions and accompanying briefs in support of summary judgment shall not exceed 35 pages excluding exhibits unless otherwise authorized by the ALJ. Reply briefs may be filed by the parties in accordance with the schedule established by the ALJ. Reply briefs may not exceed 15 pages in length, excluding exhibits. § 283.31 Review of the record. (a) The ALJ shall review the cross motions for summary judgment, briefs, reply briefs and supporting materials submitted by both FNS and the State agency. (b) If the ALJ decides that additional information or briefing is required from a party, a request for such information or briefing shall be submitted to such party with a copy to the other party. The request shall identify the additional information or specific issues to be addressed and shall specify the date(s) by which such information or briefing must be provided. Upon receipt of such additional information or briefing, the ALJ shall provide the other party an opportunity to submit responsive information or briefing. (c) If the party to whom a request for additional information or briefing is made fails to submit the information or brief the issue(s) as requested, the ALJ may decide the appeal based on the existing record. (d) If the ALJ decides that oral argument is necessary on legal issues, the ALJ shall set a time for the oral arguments as soon as feasible thereafter, with due regard for the public interest and the convenience and necessity of the State agency and FNS. The oral arguments shall be held at the U.S. Department of Agriculture, Washington, DC. Upon a showing of unusual or extraordinary circumstances, the ALJ may order that the argument be held at another location. The ALJ shall file a notice stating the time and place of the oral arguments. If any change in the time of the oral arguments is made, the ALJ shall file a notice of such change, which notice shall be served upon the parties, unless it is made during the course of the oral arguments and made a part of the transcript or actual notice given to the parties. (e) Oral argument shall not be transcribed unless so ordered in advance by the ALJ for cause shown upon request of a party or upon the ALJ's own motion. § 283.32 ALJ's initial decision. (a) The ALJ shall decide the appeal not later than 60 days after receipt of rebuttal evidence submitted by the State agency pursuant to § 283.8 or, if the State agency does not submit rebuttal evidence, not later than 90 days after the State agency submits the notice of appeal and evidence in support of the appeal. The ALJ may extend this deadline for cause shown. (b) The ALJ shall prepare, upon the basis of the record, and shall file an initial decision which shall include a decision on a request for good cause relief, a copy of which shall be served upon each of the parties. (c) Such initial decision shall constitute the final notice of determination for purposes of judicial review without further proceedings, unless there is a motion for reconsideration filed pursuant to § 283.17(d) or review by the Judicial Officer is sought pursuant to § 283.20.