1. U.S. Code
  2. title 7
  3. chapter 98
  4. subchapter VIII
  5. § 6995

Collapse to view only § 6995. Informal hearings

§ 6991. Definitions
For purposes of this subchapter:
(1) Adverse decision
(2) Agency
The term “agency” means any agency of the Department designated by the Secretary or a successor agency of the Department, except that the term shall include the following (and any successor to the following):
(A) The Farm Service Agency (or other office, agency, or administrative unit of the Department assigned the functions authorized for the Farm Service Agency under section 6932 of this title).
(B) The Commodity Credit Corporation, with respect to domestic programs.
(C) The Farmers Home Administration.
(D) The Federal Crop Insurance Corporation.
(E) The Rural Development Administration.
(F) The Natural Resources Conservation Service (or other office, agency, or administrative unit of the Department assigned the functions authorized for the Natural Resources Conservation Service under section 6936(b) of this title).
(G) A State, county, or area committee established under section 590h(b)(5) of title 16.
(3) Appellant
(4) Case record
(5) Director
(6) Division
(7) Hearing officer
(8) Implement
(9) Participant
(Pub. L. 103–354, title II, § 271, Oct. 13, 1994, 108 Stat. 3228; Pub. L. 115–334, title XII, §§ 12404(b)(2), 12410(c)(2)(B), Dec. 20, 2018, 132 Stat. 4975, 4978.)

CITE AS: 7 USC 6991

§ 6992. National Appeals Division and Director
(a) Establishment of Division
(b) Director
(1) Appointment
(2) Term and removal
(3) Position classification
(c) Direction, control, and support
(1) Direction and control
(A) In general
(B) Administrative support
(C) Prohibition on delegation
(2) Exception
(d) Determination of appealability of agency decisions
(e) Division personnel
(1) In general
(2) Political appointee
In this subsection, the term “political appointee” means an individual occupying—
(A) a position described under sections 5312 through 5316 of title 5 (relating to the Executive Schedule);
(B) a noncareer position in the Senior Executive Service, as described under section 3132(a)(7) of that title;
(C) a position in the executive branch of the Government of a confidential or policy-determining character under schedule C of subpart C of part 213 of title 5, Code of Federal Regulations; or
(D) a position which has been excepted from the competitive service by reason of its confidential, policy-determining, policy-making, or policy-advocating character.
(Pub. L. 103–354, title II, § 272, Oct. 13, 1994, 108 Stat. 3229; Pub. L. 113–79, title I, § 1610(a), Feb. 7, 2014, 128 Stat. 709; Pub. L. 115–334, title XII, § 12412, Dec. 20, 2018, 132 Stat. 4980.)

CITE AS: 7 USC 6992

§ 6993. Transfer of functions
There are transferred to the Division all functions exercised and all administrative appeals pending before the effective date of this subchapter (including all related functions of any officer or employee) of or relating to—
(1) the National Appeals Division established by section 1433e(c) 1
1 See References in Text note below.
of this title (as in effect on the day before October 13, 1994);
(2) the National Appeals Division established by subsections (d) through (g) of section 1983b 1 of this title (as in effect on the day before October 13, 1994);
(3) appeals of decisions made by the Federal Crop Insurance Corporation; and
(4) appeals of decisions made by the Soil Conservation Service (as in effect on the day before October 13, 1994).
(Pub. L. 103–354, title II, § 273, Oct. 13, 1994, 108 Stat. 3230.)

CITE AS: 7 USC 6993

§ 6994. Notice and opportunity for hearing

Not later than 10 working days after an adverse decision is made that affects the participant, the Secretary shall provide the participant with written notice of such adverse decision and the rights available to the participant under this subchapter or other law for the review of such adverse decision.

(Pub. L. 103–354, title II, § 274, Oct. 13, 1994, 108 Stat. 3230.)

CITE AS: 7 USC 6994

§ 6995. Informal hearings
(a) In general
(b) Farm Service Agency
(c) Mediation
If a mediation program is available under title V of the Agricultural Credit Act of 1987 (7 U.S.C. 5101 et seq.) as a part of the informal hearing process, the participant shall—
(1) be offered the right to choose such mediation; and
(2) to the maximum extent practicable, be allowed to use both informal agency review and mediation to resolve disputes under that title.
(Pub. L. 103–354, title II, § 275, Oct. 13, 1994, 108 Stat. 3230; Pub. L. 110–234, title XII, § 12032, May 22, 2008, 122 Stat. 1391; Pub. L. 110–246, § 4(a), title XII, § 12032, June 18, 2008, 122 Stat. 1664, 2153; Pub. L. 115–334, title XII, § 12404(b)(3), Dec. 20, 2018, 132 Stat. 4975.)

CITE AS: 7 USC 6995

§ 6996. Right of participants to Division hearing
(a) Appeal to Division for hearing
(b) Time for appeal
(Pub. L. 103–354, title II, § 276, Oct. 13, 1994, 108 Stat. 3230.)

CITE AS: 7 USC 6996

§ 6997. Division hearings
(a) General powers of Director and hearing officers
(1) Access to case record
(2) Administrative procedures
The Director and hearing officer shall have the authority to require the attendance of witnesses, and the production of evidence, by subpoena and to administer oaths and affirmations. Except to the extent required for the disposition of ex parte matters as authorized by law—
(A) an interested person outside the Division shall not make or knowingly cause to be made to the Director or a hearing officer who is or may reasonably be expected to be involved in the evidentiary hearing or review of an adverse decision, an ex parte communication (as defined in section 551(14) of title 5) relevant to the merits of the proceeding;
(B) the Director and such hearing officer shall not make or knowingly cause to be made to any interested person outside the Division an ex parte communication relevant to the merits of the proceeding.
(b) Time for hearing
(c) Location and elements of hearing
(1) Location
(2) Evidentiary hearing
(3) Information at hearing
(4) Burden of proof
(d) Determination notice
(e) Effective date
(Pub. L. 103–354, title II, § 277, Oct. 13, 1994, 108 Stat. 3230.)

CITE AS: 7 USC 6997

§ 6998. Director review of determinations of hearing officers
(a) Requests for Director review
(1) Time for request by appellant
(2) Time for request by agency head
(b) Determination of Director
The Director shall conduct a review of the determination of the hearing officer using the case record, the record from the evidentiary hearing under section 6997 of this title, the request for review, and such other arguments or information as may be accepted by the Director. Based on such review, the Director shall issue a final determination notice that upholds, reverses, or modifies the determination of the hearing officer. However, if the Director determines that the hearing record is inadequate, the Director may remand all or a portion of the determination for further proceedings to complete the hearing record or, at the option of the Director, to hold a new hearing. The Director shall complete the review and either issue a final determination or remand the determination not later than—
(1) 10 business days after receipt of the request for review, in the case of a request by the head of an agency for review; or
(2) 30 business days after receipt of the request for review, in the case of a request by an appellant for review.
(c) Basis for determination
(d) Equitable relief
(e) Effective date
(Pub. L. 103–354, title II, § 278, Oct. 13, 1994, 108 Stat. 3232; Pub. L. 107–171, title I, § 1613(j)(2), May 13, 2002, 116 Stat. 221.)

CITE AS: 7 USC 6998

§ 6999. Judicial review

A final determination of the Division shall be reviewable and enforceable by any United States district court of competent jurisdiction in accordance with chapter 7 of title 5.

(Pub. L. 103–354, title II, § 279, Oct. 13, 1994, 108 Stat. 3233.)

CITE AS: 7 USC 6999

§ 7000. Implementation of final determinations of Division
(a) In general
(b) Reports
(1) In generalNot later than 180 days after the date of the enactment of this subsection, and every 180 days thereafter, the head of each agency shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate, and publish on the website of the Department, a report that includes—
(A) a description of all cases returned to the agency during the period covered by the report pursuant to a final determination of the Division;
(B) the status of implementation of each final determination; and
(C) if the final determination has not been implemented—
(i) the reason that the final determination has not been implemented; and
(ii) the projected date of implementation of the final determination.
(2) Updates
(Pub. L. 103–354, title II, § 280, Oct. 13, 1994, 108 Stat. 3233; Pub. L. 110–234, title XIV, § 14009, May 22, 2008, 122 Stat. 1446; Pub. L. 110–246, § 4(a), title XIV, § 14009, June 18, 2008, 122 Stat. 1664, 2208.)

CITE AS: 7 USC 7000

§ 7001. Conforming amendments relating to National Appeals Division
(a) Decisions of State, county, and area committees
(1) Application of subsection
(A) In general
(B) Nonapplicability
This subsection does not apply to—
(i) a function performed under section 2008k of this title; or
(ii) a function performed under a conservation program administered by the Natural Resources Conservation Service.
(2) Finality
Each decision of a State, county, or area committee (or an employee of such a committee) covered by paragraph (1) that is made in good faith in the absence of misrepresentation, false statement, fraud, or willful misconduct shall be final not later than 90 days after the date of filing of the application for benefits, unless the decision, before the end of the 90-day period, is—
(A) appealed under this subchapter; or
(B) modified by the Administrator of the Farm Service Agency or the Executive Vice President of the Commodity Credit Corporation.
(3) Recovery of amounts
(4) Savings provision
(b), (c) Omitted
(Pub. L. 103–354, title II, § 281, Oct. 13, 1994, 108 Stat. 3233; Pub. L. 107–171, title I, § 1613(i), May 13, 2002, 116 Stat. 221.)

CITE AS: 7 USC 7001

§ 7002. Authorization of appropriations

There are authorized to be appropriated such sums as may be necessary to carry out the activities of the Division.

(Pub. L. 103–354, title II, § 283, Oct. 13, 1994, 108 Stat. 3235.)

CITE AS: 7 USC 7002