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FEDERAL REGISTER, S e p te m b e r 16, 1936
W. R.B -2, Montana1, Revised Supplement a
Issued Sept. 14, 1936

1936 A gricultural C onservation P rogram W estern R egion BULLETIN NO. 2, MONTANA--- 1, REVISED--- SUPPLEMENT A

Soil-Building PracticesMontana P ursuant to the authority vested in the Secretary of Agri culture under Section 8 of the Soil Conservation and Do m estic Allotment Act, Western Region Bulletin No. 2 Mon tana 1, Revised, is hereby amended by this Supplement a as follow s:
Section 3. Summer Fallow: Additional Soil-Depleting Crops is amended to read as follows:
In the counties of Toole, Liberty, H ill, Phillips, Teton, and Cas cade, crop land devoted to summer fallow excluding clean cu lti vated orchards and vineyards, except when otherwise classified in 1936 in accordance w ith th e provisions of Section 4, B below, shall, for a particular farm, be regarded as used for the production of a soil-depleting crop w ithin the meaning of Section 1, Part IV, of Western Region B ulletin No. 1, Revised, when a w ritten request to this effect, signed by all persons en titled to share in payments made with respect to such farm under the 1936 Agricultural Con servation Program, has been filed w ith th e County Committee.

Section 4. Soil-Building Practices which m ay he Substi tuted for Soil-Conserving Crops. Subsection B , of Bulletin No. 2, M ontana-1, Revised, is hereby amended to read as follows:
Acreage in fallow qualifying for payment under th e provisions of Section 1 G 2 above shall be regarded as used for the produc tion of a soil-conserving crop w ithin the m eaning of and subject to the provisions of Section 2, Part IV, o f Western Region B ulletin No. 1, Revised, for the purpose of fulfilling all requirem ents of said bulletin w ith respect to soil-conserving crops.

In testimony whereof, H. A. W allace, Secretary of Agricul ture, has hereunto set his hand and caused the official seal of the Department of Agriculture to be affixed in the City of Washington, D istrict of Columbia, this 14th day of September, 1936.
tSEALj H. A. W allace, Secretary of Agriculture.
P. R. Doc. 2232Piled, September 15, 1936; 12:37 p. m_

Bureau of Animal Industry.
Order P romulgating R ules of P ractice to G overn P ro ceedings U nder the P ackers and S tockyards A ct, 1921,. as Amended
Pursuant to authority conferred upon me by law 5
U. S. C., Sec. 22 and 7 U. S. C., Sec. 228 I, H. A. W allace, Secretary of Agriculture, do hereby promulgate the follow;ing rules of practice to govern proceedings arising under the Packers and Stockyards Act, 1921, as amended:
1. Any complaint issued under section 203 a , and any notice of inqury issued under section 306 e , 309 b , 309 c, 311, or 401, and any petition filed pursuant to sec tion 309 a , and any order to show cause why an appli cation for license should not be denied or why a license should not be suspended or revoked, issued under section 502 b or section 503, shall state, briefly and clearly, the facts complained of, in the case of a com plaint or peti tion, or the m atters concerning which the notice of inquiry or order to show cause is issued. A person against whom a complaint, or to whom a notice of inquiry or order to show cause, is issued shall be designated as the respondent, and a person against whom a petition is filed shall be designated as the defendant, 2. The complaint, petition, notice of inquiry, or order to show cause shall be assigned a docket or file number and the proceedings had thereunder shall thereafter be referred to by such number.
3. The complaint, petition, notice of inquiry or order to show cause shall be served upon the respondent or defendant.
by an employee of the Department of Agriculture or by regis tered mail, return receipt Requested. If the responden t or defendant is a corporation, service shall be had upon the
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president, secretary, treasurer, or statutory agent of the corporation.
4. When a petition is filed against a stockyard owner, mar ket agency, or dealer, the defendant, he wishes to deny or explain any of the allegations contained therein, shall file with the Secretary, within 20 days after the receipt of the petition, an answer in duplicate signed by the defendant or his attorney.
If the defendant is a corporation, the answer shall be signed by the president, secretary, treasurer, or attorney of the cor poration. The answer shall be so drawn as fully and com pletely to state the nature of the defense and shall admit or deny specifically and in detail each m aterial and relevant allegation of the petition. One copy of the answer shall be forwarded by the Secretary to the petitioner.
5. After the expiration of the period for the filing of an answer by a defendant against whom a petition has been filed, the Secretary shall set a tim e and place for a hearing and shall give due notice thereof to the defendant and to the petitioner.
6. The Secretary shall set a tim e and place for a hearing upon any complaint, notice of inquiry, or order to show cause issued under the act.
7. The Secretary shall designate an employee of the De partment of Agriculture as examiner to conduct the hear ing, and such examiner may, in accordance w ith the rules of evidence applicable to adm inistrative proceedings, admit or exclude any evidence, presented and may lim it the scope of any evidence admitted.
Parties may appear in person or by counsel. All persons who appear at the hearing m ust conform to the standards of ethical conduct required of practitioners before the courts of the United States.
Except in the case of an order to show cause why an appli cation for license under title V of the act should not be denied, in which case the applicant for license shall proceed first, the party instituting a proceeding shall proceed first at the hearing.
The testim ony of the witnesses at the hearing shall be upon oath or affirmation administered by the examiner.
Copies of the records of the Department of Agriculture, cer tified under the seal of the Department, shall be admissible to the same extent that the original records would be admissible.
The deposition of any witness, taken after reasonable notice to the opposite party and at a tim e and place and before a person designated for the purpose by the Secretary, shall be admitted if the evidence is otherwise admissible.
Affidavits, if relevant and m aterial, may, in the discretion of the examiner, be admitted, but the Secretary will consider the lack of opportunity for cross-exam ination in determining the weight that shall be given to such affidavits.
Hearsay evidence may, in the discretion of the examiner, be adm itted even though it does not come within any wellrecognized exception to the hearsay rule, but the Secretary w ill determine what weight shall be given to such evidence.
The form of the introduction of evidence shall not be a ground for objecting to such evidence.
When practicable to do so, a copy of each exhibit shall be furnished to the opposing party either before or at the time of its introduction.
Judicial notice, on request, w ill be taken of such m atters as are noticed by the courts of the United States.
If a party objects to the admission of any evidence offered against him or the rejection of any evidence offered by him, or to the lim itation of the scope of any evidence introduced by him, he shall state the grounds of such objection. If the objection is overruled, he may take an exception.
8. At the hearing, the Department shall be represented by an attorney designated by the Solicitor of the Department.
9. At the conclusion of the hearing, the examiner shall announce the period of tim e within which briefs may be filed following the receipt by the respondent or defendant and the petitioner, if any, of the tentative findings of fact and the tentative order, as set out in paragraph 10.
10. The examiner, within a reasonable tim e after the con clusion of the hearing, shall prepare tentative findings of fact and a tentative order, which shall be served upon, or