1300.3 Persons required to submit reports; forms to be used; where available.

1300.4 Time when reports are due.

AUTHORITY: The provisions of this Part 1300 issued under sec. 6, 49 Stat. 1899; 7 U.S.C. 956.

SOURCE: The provisions of this Part 1300 appear at 23 F.R. 2375, Apr. 11, 1958. Redesignated at 28 F.R. 4788, May 14, 1963. § 1300.1 Scope of regulations.

Under the act of June 24, 1936, as amended (49 Stat. 1898; 7 U.S.C. 951957), the Secretary of Agriculture is authorized and directed to collect and publish statistics of raw peanuts, shelled, unshelled, and crushed, and peanut oil, in the United States, received, processed, shipped, and owned by or in the possession of warehousemen, brokers, cleaners, shellers, dealers, growers' cooperative associations, crushers, salters, manufacturers of peanut products, and owners other than the original producers of peanuts. The purposes of the regulations in this part are to implement this statute and, where discretion is vested in the Secretary of Agriculture to prescribe rules, to set forth the applicable rules. § 1300.2

Definitions.

As used in the regulations in this part: (a) "Act" means the act of June 24, 1936, as amended (49 Stat. 1898; 7 U.S.C. 951-957);

(b) "Person" includes individuals, partnerships, corporations, and associations;

(c) "Secretary" means the Secretary of Agriculture or any officer or employee

of the United States who is authorized to exercise the powers and to perform the duties of the Secretary of Agriculture under the act.

§ 1300.3

Persons required to submit reports; forms to be used; where available.

(a) The following persons are required to submit monthly reports, as follows:

(1) Peanut cleaners, shellers, crushers and manufacturers of crude peanut oil, peanut cake and meal are required to report on Form C. E. 6–18 "A", Peanut Stocks and Processing Report, inventories, receipts and disposition of farmers' stock peanuts and inventories, production, receipts and disposition of milled peanut products;

(2) Peanut salters and manufacturers of peanut products (including but not limited to manufacturers of peanut candy, peanut butter, peanut butter sandwiches, granulated peanuts, peanut flour, peanuts roasted in shell, peanuts salted in the shell and other miscellaneous peanut products) processing in excess of 10,000 pounds of raw peanuts (shelled, unshelled, or both) during the calendar year immediately preceding the year in which the report is due, are required to report on Form C. E. 6-18 "CP", Peanut Stocks and Processing Report, receipts, disposition, and stocks of raw peanuts;

(3) Warehousemen, brokers, dealers, growers' cooperative associations and all other owners other than original producers of peanuts are required to report on Form C. E. 6-18 “B”, Peanut Stocks Reports, all shelled peanuts, roasting

stock peanuts, and farmers' stock peanuts on hand at the end of the month: Provided, however, That published or typed reports of growers' cooperative associations showing stocks on hand by warehouse locations and types of peanuts may be submitted in lieu of Form C. E. 618 "B" since such reports contain the required information in an acceptable form.

(b) The forms identified in paragraph (a) of this section will be furnished by the Agricultural Estimates Division, Agricultural Marketing Service, United

States Department of Agriculture, Washington 25, D.C.

§ 1300.4

Time when reports are due. Each report required by § 1300.3 shall be addressed to the Agricultural Estimates Division at the address given in § 1300.3 (b) and placed in the mail within six days after the end of the month to which such report relates.

NOTE: The reporting requirements contained herein have been approved by the Bureau of the Budget in accordance with the Federal Reports Act of 1942.

Part

1488 Sales of agricultural commodities.

§ 1400.1 Scope and purpose.

This part sets forth the organization, functions, and rules of procedure of the Contract Disputes Board for Commodity Credit Corporation (hereinafter referred to as the Board). The provisions of the Administrative Procedure Act (60 Stat. 237, as amended, sec. 1001-1011) are not applicable to proceedings before the Board except those requirements of section 1002 thereof with respect to publication of descriptions of organization, statements as to channeling and determination of functions, substantive rules, statements of general policy, or interpretations, and publication or availability for public inspection of final opinions or orders in the adjudication of cases.

§ 1400.2 Membership and participation.

(a) The Board was established on April 17, 1946, by the Board of Directors of the Commodity Credit Corporation (hereinafter referred to as the Corporation). The Board is composed of six members appointed by the Board of Directors of the Corporation, one of whom is designated to act as Chairman.

(b) Appeals to the Board shall be considered and decided by a panel of not less than three members designated by the the Chairman. If the Chairman is not a member of a panel, or is unable to act as "Presiding Officer," he shall name one of the members of the panel to serve as "Presiding Officer" who shall be responsible for the proper disposition of the appeal. The decision of a majority of the panel shall constitute the decision of the panel and of the Board.

(c) Hearings may be conducted by the Chairman, Presiding Officer, or any member of a panel acting alone or with one or more members. If a hearing is conducted by less than three members, the entire record shall be furnished to the remaining member or members of the panel designated by the Chairman for review and the panel shall consider and determine the appeal upon such record.

(d) A vacancy on the Board or panel shall not impair the powers or affect the duties of the Board. If a member of the panel is unable to serve, he shall be replaced by another member of the Board designated by the Chairman to serve on that panel. All communications shall be directed to the "Executive Secretary, Contract Disputes Board for Commodity Credit Corporation, U.S. Department of Agriculture, Washington, D.C., 20250." § 1400.3 Authority and jurisdiction.

(a) The Board has jurisdiction and the authority to act for and on behalf

(2) To consider and determine an appeal by any person on a contract claim against the Corporation involving doubtful or disputed questions of fact or law where settlement and adjustment cannot otherwise be effected under established policies and procedures.

(3) To consider and determine an appeal by any person against whom the Corporation has filed a contract claim where doubtful or disputed questions of fact or law are involved and the person has paid to the Corporation the amount of the claim under protest.

(4) To exercise the authority of the Executive Vice President or other officer of the Corporation, upon the request of the Executive Vice President or other officer, in connection with a contract claim by or against the Corporation, including the authority to settle or adjust any such claim.

(5) To hear and determine the issue of debarment and the period thereof, if any, on an appeal by a person debarred under the regulations of Commodity Credit Corporation relating to Suspension and Debarment. (Part 1407 of this chapter.)

(b) Where an appeal is within the jurisdiction of the Board, it will, in its discretion, hear, consider, and make decisions on all questions necessary for the complete adjudication of the issues.

(c) The decisions of the Board on all matters falling within its jurisdiction shall be final for administrative purposes within the U.S. Department of Agriculture (hereinafter referred to as the Department). Determinations of fact by the Board on appeals from findings of fact of an officer of the Corporation pursuant to a contract provision providing for appeal shall be final for all purposes, except as they may be subject to review in the courts as provided by the contract or by law.

(a) Any person, upon written notice of debarment by the corporation, may appeal such debarment to the Board and obtain a hearing on the issue of debarment and the period thereof. The appeal shall be filed with the Executive Secretary of the Board.

(b) On receipt of an appeal from such a debarred person, the Secretary of the Board shall acknowledge receipt of the appeal and inform the appellant that an answer in writing shall be filed with the Board within such period of time as may be specified by the Board. Such answer shall: (1) Admit or deny the factual allegations contained in the notice of debarment; (2) summarize any affirmative defenses on which the appellant intends to rely in the proceedings before the Board. On receipt of such answer, the Board shall schedule the matter for a hearing before it and shall notify appellant, and the appropriate representatives of the Corporation, of the time, place and date set for such hearing.

(c) The proceedings before the Board on such appeal shall be conducted to the maximum extent practicable in the same manner as appeals to the Board on contract disputes: Provided, however, That all testimony received in proceedings under this section, shall be given under oath and witnesses shall be subject to cross-examination.

(d) On completion of the hearing and following determination of the issue of debarment by the Board, the appellant shall be given written notice of the Board's findings and decision. The decision of the Board in the proceedings under this section, shall be final and conclusive unless determined by a court of competent jurisdiction to have been fraudulent, arbitrary, capricious, or so grossly erroneous as necessarily to imply bad faith, or not supported by substantíal evidence.

§ 1400.5 Manner of filing appeals.

(a) An appeal by any person from the decision of a contracting officer, claims officer, or other officer of the Corporation, or from debarment action by