Rules of Practice

The Agricultural Marketing Service (AMS) of the United States Department of Agriculture (USDA) is amending the Rules of Practice Governing Proceedings on Petitions To Modify or To Be Exempted From Marketing Orders and the Rules of Practice Governing Proceedings on Petitions To Modify or To Be Exempted From Research, Promotion and Education Programs. AMS also is amending the Rules of Practice and Procedure Governing Proceedings To Formulate Marketing Agreements and Marketing Orders and the Rules of Practice and Procedure Governing Proceedings To Formulate and Amend an Order. This final rule amends the Rules of Practice Governing Proceedings on Petitions To Modify or To Be Exempted From Marketing Orders and the Rules of Practice Governing Proceedings on Petitions To Modify or To Be Exempted From Research, Promotion and Education Programs: To provide that transcripts and exhibits do not have to be kept on file in the Office of the Hearing Clerk during the active status of a proceeding; to provide that transcripts may be obtained at the cost of duplication; to provide that the date of filing an appeal petition is the date the appeal petition is filed with the Hearing Clerk; to eliminate the postmark as an effective date of filing documents or papers; to provide that when the time for filing a document or paper expires on a Saturday, the time allowed for filing the document or paper shall be extended to include the following business day; and to provide that the time for filing a motion to dismiss or an answer is within 30 days after the service of the petition. This rule also amends the Rules of Practice and Procedure Governing Proceedings To Formulate Marketing Agreements and Marketing Orders and the Rules of Practice and Procedure Governing Proceedings To Formulate and Amend an Order to provide that: Transcripts may be obtained at the cost of duplication; to eliminate the postmark as an effective date of filing documents or papers; to provide that when the time for fi