Sunday, September 09, 2012

The Code Of Federal Regulations, Nibble 1

Welcome to the inaugural post in my series of snippets from the Code of Federal Regulations (CFR). Earlier, our Maximum Leader promised I would give randomly selected tidbits from the document, but in the first one, we're going to go with a topic near and dear to my heart.

Enjoy.

CFR -> Title 9, Animals and Animal Products -> Chapter II, Grain Inspection, Packers and Stockyards Administration (Packers and Stockyards Programs), Department of Agriculture) -> Part 202 - Rules of Practice Governing Proceedings Under the Packers and Stockyards Act -> § 202.110 — Rule 10: Prehearing conference.

Rule 10: Prehearing conference.
(a) The presiding officer, at any time prior to the commencement of the hearing, may request the parties or their counsel to appear at a conference before the presiding officer to consider:
(1) The simplification of issues;
(2) The necessity of amendments to pleadings;
(3) The possibility of obtaining stipulations of fact 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) The negotiation, compromise, or settlement of issues;
(6) The exchange of copies of proposed exhibits;
(7) The identification of documents or matters of which official notice may be requested;
(8) A schedule to be followed by the parties for completion of the actions decided at the conference; or
(9) Such other matters as may expedite and aid in the disposition of the proceeding.
No transcript or recording of such a conference shall be made, but the presiding officer shall prepare and file for the record a written summary if any action is taken at the conference, which shall incorporate any written stipulations or agreements made by the parties at the conference or as a result of the conference.
(b) Manner of the prehearing conference.
(1) The prehearing conference shall be conducted by telephone or correspondence unless the presiding officer determines that conducting the prehearing conference by audio-visual telecommunication:
(i) Is necessary to prevent prejudice to a party;
(ii) Is necessary because of a disability of any individual expected to participate in the prehearing conference; or
(iii) Would cost less than conducting the prehearing conference by telephone or correspondence. If the presiding officer determines that a prehearing conference conducted by audio-visual telecommunication would measurably increase the United States Department of Agriculture's cost of conducting the prehearing conference, the prehearing conference shall be conducted by personal attendance of any individual who is expected to participate in the prehearing conference, by telephone, or by correspondence.
(2) If the prehearing conference is not conducted by telephone or correspondence, the prehearing conference shall be conducted by audio-visual telecommunication unless the presiding officer determines that conducting the prehearing conference by personal attendance of any individual who is expected to participate in the prehearing conference:
(i) Is necessary to prevent prejudice to a party;
(ii) Is necessary because of a disability of any individual expected to participate in the prehearing conference; or
(iii) Would cost less than conducting the prehearing conference by audio-visual telecommunication.
And there you have it! Simplicity itself.

2 comments:

tim eisele said...

It's hard to be certain, but this actually sounds like a lot of tail-chasing, where the regulators all spiral around and around putting rules and regulations on each other, until they go down a bureaucratic black hole, from which not even confusingly-worded memos can escape.

Jacob the Syrian Hamster said...

That might be true, Tim, but we can't deregulate. If we did that, it would bring on the Zombie Apocalypse!