with respect to the tobacco eligible for handling thereunder. Each such application and certificate shall relate to the tobacco of a single field and shall identify such field, the grower, and the handler. (b) Before issuing any Handling Certificate, the Control Committee shall have its representative inspect the tobacco and the field in which grown and shall have on record a report of that inspection. (c) Each Handling Certificate issued by the Control Committee shall be made on T-62, Form 1, Handling Certificate. ISSUANCE OF EXEMPTION CERTIFICATES § 1201.120 Exemption Certificates. (a) Upon written application by a grower to the Control Committee for an Exemption Certificate, the Committee may issue such certificate to the grower with respect to the tobacco eligible for handling thereunder. Each such application and certificate shall relate to the tobacco of a single field and shall identify such field, the grower, and the handler. The application shall also set forth the reasons for the request for the exemption. (b) As early as practicable, the Committee shall estimate the average proportion of the total production of tobacco permitted to be handled by all handlers. Before issuing any Exemption Certificate, the Control Committee shall cause an inspection to be made of the applicable tobacco and the fields in which grown and shall have on record a report of that inspection. The Control Committee shall promptly verify all statements contained in the application and determine whether it shall be approved or disapproved. Such decision shall, in the case of approval, be evidenced by the issuance of an Exemption Certificate, and, in the case of disapproval, by a written notice to the applicant of such disapproval. (c) Each Exemption Certificate issued by the Control Committee shall be on Form T-62, Form 2, Exemption Certificate. (d) Each such Exemption Certificate shall permit the grower to handle, or have handled, a proportion of his production of tobacco during the then current fiscal period equal to, but not to exceed, the estimated average proportion of tobacco permitted to be handled during such fiscal period. BOOKS, RECORDS, REPORTS AND IDENTIFICATION OF TOBACCO § 1201.130 Books, records and reports. (3) Exemption Certificate, if any; (b) Reports. Each handler, and each subsidiary and affiliate thereof, shall furnish the Committee upon request, in such manner and at such time as may be prescribed, such of the information required pursuant to this section as will enable the Committee to exercise its powers and perform its duties. § 1201.140 handled. Identification of tobacco Except as otherwise provided in this subpart, each handler, and each subsidiary and affiliate thereof, shall maintain the identity of each quantity of tobacco handled by the respective person throughout the entire time such person handles the tobacco. However, after the tobacco is sorted, the continued identification of those leaves or portion of leaves-commonly known as "pullouts"— that are removed from the main part of the tobacco is not required. Such identification shall include, but not be limited to, the information listed in § 1201.130 (a). Subpart-Expenses and Rate of Assessment § 1201.300 Expenses and rate of assessment for the fiscal period ending January 31, 1971. (a) Expenses. Expenses in the amount of $7,600 are reasonable and likely to be incurred by the Control Committee for its maintenance and functioning during the fiscal period ending January 31, 1971. (b) Rate of assessment. The rate of assessment which each handler shall pay, in accordance with the applicable provisions of said amended marketing agreement and amended order, as his pro rata share of the aforesaid expenses is hereby AUTHORITY: The provisions of this Part 1205 issued under sec. 15, 80 Stat. 285; 7 U.S.C. 2114, unless otherwise noted. Subpart-Rules of Practice and Proce dure Governing Proceedings To Formulate Orders Under the Cotton Research and Promotion Act SOURCE: The provisions of this subpart appear at 31 F.R. 10510, August 5, 1966, unless otherwise noted. § 1205.1 Words in the singular form. Words in this subpart in the singular form shall be deemed to import the plural, and vice versa, as the case may demand. (a) The term "act" means the Cotton Research and Promotion Act (Public Law 89-502, 89th Congress, approved July 13, 1966). (b) The term "Department" means the U.S. Department of Agriculture. (c) The term "Secretary" means the Secretary of Agriculture of the United States, or any officer or employee of the Department to whom authority has heretofore been delegated, or to whom authority may hereafter be delegated, to act in his stead. (d) The term "examiner" means any hearing examiner in the Office of Hearing Examiners, U.S. Department of Agriculture. (e) The term "Administrator" means the Administrator of the Consumer and Marketing Service, with power to redelegate, or any officer or employee of the Department to whom authority has been delegated or may hereafter be delegated to act in his stead. REGISTER” (f) The term "FEDERAL means the publication provided for by the act of July 26, 1935 (49 Stat. 500), and acts supplementary thereto and amendatory thereof. (g) The term "hearing" means that part of the proceeding which involves the submission of evidence. (h) The term "order" means any order or any amendment thereto which may be issued pursuant to the act. (i) The term "proceeding" means a proceeding upon the basis of which an order may be issued. (j) The term "hearing clerk" means the hearing clerk, U.S. Department of Agriculture, Washington, D.C. (k) The term "presiding officer" means the examiner conducting a proceeding under the act. (a) An order may be proposed by any cotton producer organization certified pursuant to section 14 of the act or by any other interested person or persons, including the Secretary. If any person other than the Secretary proposes an order, he shall file with the Administrator a written application, together with at least four copies of the proposal, requesting the Secretary to hold a hearing upon the proposal. Upon receipt of such proposal, the Administrator shall cause such investigation to be made and such consideration thereof to be given as, in his opinion, are warranted. If the investigation and consideration lead the Administrator to conclude that the proposed order will not tend to effectuate the declared policy of the act, or that for other proper reasons a hearing should not be held on the proposal, he shall deny the application, and promptly notify the applicant of such denial, which notice shall be accompanied by a brief statement of the grounds for the denial. (b) If the investigation and consideration lead the Administrator to conclude that the proposed order will tend to effectuate the declared policy of the act, or if the Secretary desires to propose an order, he shall sign and cause to be served a notice of hearing, as provided herein. § 1205.4 Institution of proceeding. (a) Filing and contents of the notice of hearing. The proceeding shall be instituted by filing the notice of hearing with the hearing clerk. The notice of hearing shall contain a reference to the authority under which the order is proposed; shall define the scope of the hearing as specifically as may be practicable; shall contain either the terms or substance of the proposed order or a description of the subjects and issues involved; and shall state the time and place of such hearing, and the place where copies of such proposed order may be obtained or examined. The time of the hearing shall not be less than 15 days after the date of publication of the notice in the FEDERAL REGISTER, as provided herein, unless the Administrator shall determine that an emergency exists which requires a shorter period of notice, in which case the period of notice shall be that which the Administrator may determine to be reasonable in the circumstances: Provided, That, in the case of hearings on amendments to orders, the time of the hearing may be less than 15 days but shall not be less than 3 days after the date of publication of the notice in the FEDERAL REGISTER. (b) Giving notice of hearing and supplemental publicity. (1) The Administrator shall give or cause to be given notice of hearing in the following man ner: (1) By publication of the notice of hearing in the FEDERAL REGISTER; (ii) By mailing a copy of the notice of hearing to each cotton association known to the Administrator to be interested therein; (iii) By issuing a press release containing the complete text or a summary of the contents of the notice of hearing and making the same available to such newspapers as, in his discretion, are best calculated to bring the notice to the attention of the persons interested therein; (iv) By forwarding copies of the notice of hearing addressed to the governors of such of the several States of the United States and to executive heads of such of the Territories and Possessions of the United States as the Administrator, having due regard for the subject matter of the proposal and the public interest, shall determine should be notified. (2) Legal notice of the hearing shall be deemed to be given if notice is given in the manner provided by subparagraph (1) (i) of this paragraph; and failure to give notice in the manner provided in subparagraph (1) (ii), (iii), and (iv) of this paragraph shall not affect the legality of the notice. (c) Record of notice and supplemental publicity. There shall be filed with the hearing clerk or submitted to the presiding officer at the hearing an affidavit or certificate of the person giving the notice provided in paragraph (b)(1) (iii) and (iv) of this section. In regard to the provisions relating to mailing in paragraph (b) (1) (ii) of this section, a determination by the Administrator that such provisions have been complied with shall be filed with the hearing clerk or submitted to the presiding officer at the hearing. In the alternative, if notice is not given in the manner provided in paragraph (b) (1) (ii), (iii), and (iv) of this section there shall be filed with the hearing clerk or submitted to the presiding officer at the hearing a determination by the Administrator that such notice is impracticable, unnecessary, or contrary to the public interest with a brief statement of the reasons for such determination. Determinations by the Administrator as herein provided shall be final. § 1205.5 Docket number. Each proceeding, immediately following its institution, shall be assigned a docket number by the hearing clerk and thereafter the proceeding may be referred to by such number. § 1205.6 Presiding officers. (a) Assignment. No presiding officer who has any pecuniary interest in the outcome of a proceeding shall serve as presiding officer in such proceeding. (b) Powers of presiding officers. Subject to review by the Secretary, as provided elsewhere in this subpart, the presiding officer, in any proceeding, shall have power to: (1) Rule upon motions and requests; (2) Change the time and place of hearing, and adjourn the hearing from time to time or from place to place; (3) Administer oaths and affirmations and take affidavits; (4) Examine and cross-examine witnesses and receive evidence; (5) Admit or exclude evidence; (6) Hear oral argument on facts or law; (7) Do all acts and take all measures necessary for the maintenance of order at the hearing and the efficient conduct of the proceeding. (c) Who may act in absence of presiding officer. In case of the absence of the presiding officer or his inability to act, the powers and duties to be performed by him under this part in connection with a proceeding may, without abatement of the proceeding unless otherwise ordered by the Secretary, be assigned to any other presiding officer. (d) Disqualification of presiding officer. The presiding officer may at any time withdraw as presiding officer in a proceeding if he deems himself to be disqualified. Upon the filing by an interested person in good faith of a timely and sufficient affidavit of personal bias or disqualification of a presiding officer, the Secretary shall determine the matter as a part of the record and decision in the proceeding, after making such investigation or holding such hearings, or both, as he may deem appropriate in the circumstances. § 1205.7 Motions and requests. (a) General. (1) All motions and requests shall be filed with the hearing clerk, except that those made during the course of the hearing may be filed with the presiding officer or may be stated orally and made a part of the transcript. (2) Except as provided in § 1205.16(b) such motions and requests shall be addressed to, and ruled on by, the presiding officer if made prior to his certification of the transcript pursuant to § 1205.10 or by the Secretary if made thereafter. (b) Certification to Secretary. The presiding officer may in his discretion submit or certify to the Secretary for decision any motion, request, objection, or other question addressed to the presiding officer. § 1205.8 Conduct of the hearing. (a) Time and place. The hearing shall be held at the time and place fixed in the notice of hearing, unless the presiding officer shall have changed the time or place, in which event the presiding officer shall file with the hearing clerk a notice of such change, which notice shall be given in the same manner as provided in § 1205.4 (relating to the giving of notice of the hearing): Provided, That, if the change in time or place of hearing is made less than 5 days prior to the date previously fixed for the hearing, the presiding officer, either in addition to or in lieu of causing the notice of the change to be given, shall announce, or cause to be announced, the change at the time and place previously fixed for the hearing. (b) Appearances-(1) Right to appear. At the hearing, any interested person shall be given an opportunity to appear, either in person or through his authorized counsel or representative, and to be heard with respect to matters relevant and material to the proceeding. Any interested person who desires to be heard in person at any hearing under these rules shall, before proceeding to testify, state his name, address, and occupation. If any such person is appearing through a counsel or representative, such person or such counsel or representative shall, before proceeding to testify or otherwise to participate in the hearing, state for the record the authority to act as such counsel or representative, and the names and addresses and occupations of such person and such counsel or representative. Any such person or such counsel or representative shall give such other information respecting his appearance as the presiding officer may request. (2) Debarment of counsel or representative. (i) Whenever, while a proceeding is pending before him, the presiding officer finds that a person, acting as counsel or representative for any person participating in the proceeding, is guilty of unethical or unprofessional conduct, the presiding officer may order that such person be precluded from further acting as counsel or representative in such proceeding. An appeal to the Secretary may be taken from any such order, but the proceeding shall not be |