Agency:
Scheme Nickname:
Informal adjudication - Animal Welfare/Control (Veterinarian Services)
Informal adjudication process providing forum for parties to challenge USDA actions relating to licenses, permits, certification, and accreditation in agency programs addressing animal welfare, control of animal diseases, import, export, and interstate transit of animals and animal products, and veterinarians. Spartan procedures set forth in scattered sections of Title 9 of the CFR, including Parts 2, 71, 75, 82, 93, 94, 96, 145, 146, and 166.
Types of Adjudication:
Type B
Other Comments:
Regulations provide little contour for procedures governing this informal adjudication process for adverse agency actions relating to animal welfare and control. Regulations typically, at most, provide the following: (a) notice of adverse action by agency official for non-compliance or ineligibility; (b) 10 days for party to lodge written appeal stating all facts and reasons why action wrong; (c) opportunity for a hearing; and (d) a written decision by the APHIS Administrator, VS Deputy Administrator (or his or her delegee). Hearing (type not specified) may be at a party's request, or may be specifically noted as oral "[i]f there is a conflict as to any material fact." (See, e.g., 9 CFR ยง 54.24(c)(1)).
However, USDA/APHIS provided written, sub-regulatory rules of procedure to ACUS. These procedures are reflected on the hearing-level procedure form.
Verified by Agency:
Not verified
Is this a Major Adjudication:
No