§ 161.2 Standards for accredited veteri

narians.

An accredited veterinarian shall perform official duties in accordance with the following standards:

(a) Prior to completing and signing a certificate with respect to animals or poultry, the accredited veterinarian shall individually inspect such animals or poultry in accordance with professionally accepted procedures.

(b) Certificates, forms, and reports shall be accurately and fully completed, including identification of animals, and shall be distributed according to instructions issued to him by the State Animal Health Official or the Veterinarian-inCharge, or both.

(c) Official tests and vaccinations shall be applied according to procedures and standard techniques prescribed by the State Animal Health Official or the Veterinarian-in-Charge, or both.

(d) Certificates issued by an accredited veterinarian that reflect results of tests performed by another accredited veterinarian shall clearly indicate the name of the veterinarian conducting the tests, the place where the tests were conducted, and the date and results of the tests.

(e) Reactor animals disclosed by tests shall be identified within prescribed time limitations and according to State-Federal instructions issued to him by the State Animal Health Official or the Veterinarian-in-Charge, or both.

(f) All diagnosed or suspected cases of diseases of livestock or poultry named in § 71.3 (a) and (b) of Part 71, Subchapter C, of this chapter, including any vesicular conditions, shall be reported immediately to the appropriate State Animal Health Official or the Veterinarian-in-Charge.

(g) Professionally accepted sanitary procedures shall be followed to minimize the danger of spread of disease between animals and between premises.

(h) The accredited veterinarian shall keep himself currently informed on State and Federal policies, regulations, and procedures concerning livestock disease control and eradication and shall advise livestock owners, shippers, and other interested parties accordingly.

(1) Official duties and activities of an accredited veterinarian in a State shall

be performed subject to supervision and direction of the appropriate State Animal Health Official and the Veterinarianin-Charge.

§ 161.3 Suspension or revocation of veterinary accreditation.

(a) The Deputy Administrator is authorized to suspend for a given period of time, or to revoke, the accreditation of a veterinarian when he determines that the accredited veterinarian has not complied with the "Standards for Accredited Veterinarians" as set forth in § 161.2, or in lieu thereof to issue a written notice of warning to the accredited veterinarian when the Deputy Administrator determines that the failure to comply with said standards constitutes a minor violation and that it appears that a notice of warning will be adequate to attain compliance with the Standards.

(b) Any suspension or revocation of accreditation for failure to comply with the Standards shall be applicable in all States in which the veterinarian is accredited.

(c) Accreditation in a given State shall be automatically terminated when an accredited veterinarian's license to practice veterinary medicine in that State is terminated.

[35 F.R. 3023, Feb. 14, 1970]

PART 162-RULES OF PRACTICE

Sec. 162.1 162.2

162.3

Institution of proceedings.

Hearing; request for formal hearing; hearing procedure; procedure upon admission of facts and waiver of hearing; hearing officer's report; exceptions to hearing officer's report; preparation and issuance of final order.

Service and proof of service.

AUTHORITY: The provisions of this Part 162 issued under 23 Stat. 32, as amended; 58 Stat. 734, as amended; 65 Stat. 693; 26 Stat. 417; 32 Stat. 791, 792, as amended; 33 Stat. 1265, as amended; 34 Stat. 1263, 1264; 41 Stat. 241, 699; 76 Stat. 130, 132; 21 U.S.C. 80-86, 89, 96, 105, 111-114a-1, 115, 116, 120, 121, 125, 134b, 134f.

SOURCE: The provisions of this Part 162 appear at 32 F.R. 20839, Dec. 28, 1967; 36 F.R. 24928, Dec. 24, 1971, unless otherwise noted. § 162.1 Institution of proceedings.

(a) Complaint. A complaint in writing shall be issued by the Veterinarian-in

Charge and served on the accredited veterinarian, whenever there is reason to believe that he has not complied with the "Standards for Accredited Veterinarians" as contained in § 161.2 of this subchapter. The complaint shall state briefly and clearly the allegations of fact which constitute the basis for the proceeding and shall specify the "Standards" alleged to have been violated. At any time prior to the close of the hearing the complaint may be amended; but, at the request of the accredited veterinarian, the hearing shall be adjourned for a period not exceeding 15 days.

(b) Answer. The accredited veterinarian shall file with the Veterinarianin-Charge an answer to the complaint within 20 days after service of the complaint. Such answer shall be signed by the accredited veterinarian or his attorney. Upon request by the accredited veterinarian and where the circumstances warrant, the Deputy Administrator may extend the period of time for filing of the answer. The answer shall contain a statement of the facts which constitute the grounds of defense and shall specifically admit, deny, or explain each of the allegations of the complaint. The answer may be supported by such affidavits, depositions or other documents which the accredited veterinarian desires to submit. Failure to file an answer to or plead specifically to any allegation of fact in the complaint shall constitute an admission of such allegation.

(c) Suspension of accreditation pending final determination. When the Deputy Administrator deems such action necessary in order to adequately protect the public health, interest, or safety, he may suspend the accreditation of an accredited veterinarian pending final determination in the matter.

(d) Informal conference and consent orders. At the request of the accredited veterinarian, the Veterinarian-inCharge, with the concurrence of the State Animal Health Official, will arrange an informal conference to discuss the matter, at the time and place designated by the Veterinarian-in-Charge. The accredited veterinarian may bring with him to the conference any representative or other person whom he desires. If the accredited veterinarian, in writing, ad

mits the facts alleged in the complaint, or states that he neither admits nor denies the facts alleged in the complaint, and consents to the issuance of an order revoking his accreditation, such an order will be issued without further procedure. § 162.2

Hearing; request for formal hearing; hearing procedure; procedure upon admission of facts and waiver of hearing; hearing officer's report; exceptions to hearing officer's report; preparation and issuance of final order.

(a) Request for formal hearing. An accredited veterinarian may request a formal hearing on the allegations set forth in the complaint by including such request in the answer or by a separate request in writing filed with the Deputy Administrator. Failure to request a formal hearing at the conclusion of an informal appearance referred to in § 162.1(d) or within the time allowed for the filing of the answer, shall constitute a waiver of such hearing. If the accredited veterinarian does not request a formal hearing, the Deputy Administrator may order that such a hearing be held if he determines that a hearing is necessary to fully develop the facts.

(b) Hearing Procedure. Upon request by the accredited veterinarian for a formal hearing or upon the order of the Deputy Administrator, a hearing within 30 days shall be arranged. The following shall apply to such hearing:

(1) Notice of the time and place of such hearing shall be given to the accredited veterinarian in writing at least 10 days prior to the hearing.

(2) Such hearing shall be held before a hearing officer appointed by the Deputy Administrator.

(3) The parties may appear in person or by counsel or other representative.

(4) A representative of Veterinary Services shall proceed first at the hearing to present the facts upon which the complaint was based.

(5) The hearing officer shall be authorized to administer oaths and affirmations, examine witnesses at such hearing, and rule upon motions and requests.

(6) All testimony of witnesses at the hearing shall be upon oath or affirmation and subject to cross-examination. Any

witness may, in the discretion of the hearing officer, be examined separate and apart from all other witnesses except the interested parties.

(7) The hearing officer may exclude obviously immaterial or irrelevant evidence, but the party offering such evidence may state what he expects to prove thereby.

(8) The hearing officer may postpone or adjourn a hearing for good cause shown.

(9) Oral argument will be permitted before the hearing officer at the close of the hearing and any argument advanced will be embodied in the record.

(10) A transcript shall be made of the hearing to which the hearing officer shall attach his certificate stating that the transcript is a true transcript of the hearing, except in such particulars as he shall specify, and that the exhibits accompanying the transcript are all the exhibits introduced at the hearing, with such exceptions as he shall specify.

(11) Written briefs or arguments may be submitted and made a part of the record if received by the hearing officer within 15 days after the close of the hearing. This period may be extended by the hearing officer for good cause shown.

(12) If the accredited veterinarian, after being duly notified, fails to appear at the hearing, he will have waived the right to a hearing.

(c) Procedure upon admission of facts; waiver of hearing. The admission, in the answer or by failure to file an answer, of all the material allegations of fact contained in the complaint shall constitute a waiver of hearing. Upon such admission of facts, unless the Deputy Administrator has ordered that a hearing be held, the hearing officer, without further procedure, shall prepare his report, in which he shall adopt as his pro

posed findings of fact the material facts alleged in the complaint.

(d) The hearing officer's report. The hearing officer, within a reasonable time after the termination of the period allowed for the filing of written briefs or arguments following the hearing, shall prepare upon the basis of the record and submit to the Deputy Administrator his report together with the record of the proceeding. Such report shall include recommended findings of fact and conclusions. A copy of the report shall be served upon the parties.

(e) Exceptions to the hearing officer's report. Within 15 days after the receipt of the hearing officer's report, exceptions thereto, and written arguments or a brief in support of such exceptions, may be filed with the Deputy Administrator. The Deputy Administrator may extend such period for good cause shown.

(f) Preparation and issuance of order. As soon as practicable after the termination of the period allowed for the filing of exceptions to the hearing officer's report, the Director, upon the basis of and after due consideration of the record, shall prepare his decision and order in the proceeding. Such decision and order shall be issued and served upon the parties and shall be the final and conclusive order in the proceeding.

PART 165-AVAILABILITY OF INFORMATION

§ 165.1

Availability of information.

The Animal and Plant Health Inspection Service regulations relating to availability of information to the public and

disclosure of records under 5 U.S.C. 552, which are set forth in 7 CFR Part 370, are incorporated into this subchapter. (5 U.S.C. 552, 559) [32 F.R. 10915, July 26, 1967, as amended at 36 F.R. 24928, Dec. 24, 1971]