(1) Adverse decisionThe term “adverse decision” means an administrative decision made by an officer, employee, or committee of an agency that is adverse to a participant. The term includes a denial of equitable relief by an agency or the failure of an agency to issue a decision or otherwise act on the request or right of the participant. The term does not include a decision over which the Board of Contract Appeals has jurisdiction.
(2) AgencyThe 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) AppellantThe term “appellant” means a participant who appeals an adverse decision in accordance with this subchapter.
(4) Case recordThe term “case record” means all the materials maintained by the Secretary related to an adverse decision.
(5) DirectorThe term “Director” means the Director of the Division.
(6) DivisionThe term “Division” means the National Appeals Division established by this chapter.
(7) Hearing officerThe term “hearing officer” means an individual employed by the Division who hears and determines appeals of adverse decisions by any agency.
(8) ImplementThe term “implement” refers to those actions necessary to effectuate fully and promptly a final determination of the Division not later than 30 calendar days after the effective date of the final determination.
(9) ParticipantThe term “participant” shall have the meaning given that term by the Secretary by regulation.
Structure US Code
CHAPTER 98— DEPARTMENT OF AGRICULTURE REORGANIZATION
SUBCHAPTER VIII— NATIONAL APPEALS DIVISION
§ 6992. National Appeals Division and Director
§ 6994. Notice and opportunity for hearing
§ 6996. Right of participants to Division hearing
§ 6998. Director review of determinations of hearing officers
§ 7000. Implementation of final determinations of Division
§ 7001. Conforming amendments relating to National Appeals Division