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7 U.S.C. § 6998 — Right of participants to Division hearing

Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 6998 — Right of participants to Division hearing

**(a) Appeal to Division for hearing** Subject to subsection (b), a participant shall have the right to appeal an adverse decision to the Division for an evidentiary hearing by a hearing officer consistent with [section 6997 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section6997&num=0&edition=prelim). **(b) Time for appeal** To be entitled to a hearing under [section 6997 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section6997&num=0&edition=prelim), a participant shall request the hearing not later than 30 days after the date on which the participant first received notice of the adverse decision.

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Stable record: federal_law:legal_authorities:record_usc_2ffceb96157e466506f76a6e
Source file: Laws/federal/codes/united-states-code/title-7/section-6998-right-of-participants-to-division-hearing--ac89ac61b5.md
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Passage SHA-256: 59acf262e125d8830c46fd19dd3fb9e39b9832ebce63ef0cfe17a68656bcc42f

Source location: Title 7, Chapter 98, § 6998; chapter-098-department-of-agriculture-reorganization.md

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**(a) Appeal to Division for hearing** Subject to subsection (b), a participant shall have the right to appeal an adverse decision to the Division for an evidentiary hearing by a hearing officer consistent with [section 6997 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section6997&num=0&edition=prelim). **(b) Time for appeal** To be entitled to a hearing under [section 6997 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section6997&num=0&edition=prelim), a participant shall request the hearing not later than 30 days after the date on which the participant first received notice of the adverse decision.

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 6997 — Informal hearings

**(a) In general** If an officer, employee, or committee of an agency makes an adverse decision, the agency shall hold, at the request of the participant, an informal hearing on the decision. **(b) Farm Service Agency** With respect to programs carried out through the Farm Service Agency (or other office, agency, or administrative unit of the Department assigned to carry out the programs authorized for the Farm Service Agency under [section 6932 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section6932&num=0&edition=prelim)), the Secretary shall maintain the informal appeals process applicable to such programs, as in effect on October 13, 1994. **(c) Mediation** If a mediation program is available under title V of the Agricultural Credit Act of 1987 ([7 U.S.C. 5101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section5101&num=0&edition=prelim) 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.

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 6999 — Division hearings

**(a) General powers of Director and hearing officers** (1) **Access to case record** — The Director and hearing officer shall have access to the case record of any adverse decision appealed to the Division for a hearing. (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section551/14&num=0&edition=prelim)) 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** Upon a timely request for a hearing under [section 6996(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section6996/b&num=0&edition=prelim), an appellant shall have the right to have a hearing by the Division on the adverse decision within 45 days after the date of the receipt of the request for the hearing. **(c) Location and elements of hearing** (1) **Location** — A hearing on an adverse decision shall be held in the State of residence of the appellant or at a location that is otherwise convenient to the appellant and the Di

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 7997 — Equitable relief from ineligibility for loans, payments, or other benefits

**(a) Definitions** In this section: (1) **Agricultural commodity** — The term “agricultural commodity” means any agricultural commodity, food, feed, fiber, or livestock that is subject to a covered program. (2) **Covered program** (A) *In general* — The term “covered program” means— (i) a program administered by the Secretary under which price or income support, or production or market loss assistance, is provided to producers of agricultural commodities; and (ii) a conservation program administered by the Secretary. (B) *Exclusions* — The term “covered program” does not include— (i) an agricultural credit program carried out under the Consolidated Farm and Rural Development Act ([7 U.S.C. 1921](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1921&num=0&edition=prelim) et seq.); or (ii) the crop insurance program carried out under the Federal Crop Insurance Act ([7 U.S.C. 1501](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1501&num=0&edition=prelim) et seq.). (3) **Participant** — The term “participant” means a participant in a covered program. (4) **State Conservationist** — The term “State Conservationist” means the State Conservationist with respect to a program administered by the Natural Resources Conservation Service. (5) **State Director** — The term “State Director” means the State Executive Director of the Farm Service Agency with respect to a program administered by the Farm Service Agency. **(b) Equitable relief** The Secretary may provide relief to any participant that is determined to be not in compliance with the requirements of a covered program, and therefore ineligible for a loan, payment, or other benefit under the covered program, if the participant— (1) acting i

Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 7997

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 6998 — Director review of determinations of hear-

Page 1952 TITLE 7—AGRICULTURE § 6998 agency officer, employee, or committee mak- ing the adverse decision at the time the ad- verse decision was made. The hearing officer shall leave the record open after the hearing for a reasonable period of time to allow the submission of information by the appellant or the agency after the hearing to the extent nec- essary to respond to new facts, information, arguments, or evidence presented or raised by the agency or appellant. (4) Burden of proof The appellant shall bear the burden of prov- ing that the adverse decision of the agency was erroneous. (d) Determination notice The hearing officer shall issue a notice of the determination on the appeal not later than 30 days after a hearing or after receipt of the re- quest of the appellant to waive a hearing, except that the Director may establish an earlier or later deadline. If the determination is not ap- pealed to the Director for review under section 6998 of this title, the notice provided by the hearing officer shall be considered to be a notice of an administratively final determination. (e) Effective date The final determination shall be effective as of the date of filing of an application, the date of the transaction or event in question, or the date of the original adverse decision, whichever is ap- plicable. (Pub. L. 103–354, title II, § 277, Oct. 13, 1994, 108 Stat. 3230.) § 6998. Director review of determinations of hear- ing officers (a) Requests for Director review (1) Time for request by appellant Not later than 30 days after the date on which an appellant receives the determination of a hearing officer under section 6997 of this title, the appellant shall submit a written re- quest to the Director for review of the deter- mination in o

Source: Supplied 2024 U.S. Code historical extraction · 7 U.S.C. § 6998

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