Browse Arkansas Code titles and sections
7 U.S.C. § 6998 — Right of participants to Division hearing
Federal law — U.S. Code and appendices · legal_authorities
**(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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 6998
Stored review status: release_metadata_unconfirmed. A text match is a research starting point; applicability is not established.
Original supplied file — preserved unchanged
Download original Markdown file
File SHA-256: acde98d1eea2900e1b01957e9c99f61c312c6b30ad7defc74916cfa6f1e5dafa. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.
Authority boundary: historical or unconfirmed source not current law verified.
Open the recorded source website ↗
Record provenance
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
Pages: Not recorded – Not recorded
Passage SHA-256: 59acf262e125d8830c46fd19dd3fb9e39b9832ebce63ef0cfe17a68656bcc42f
Source location: Title 7, Chapter 98, § 6998; chapter-098-department-of-agriculture-reorganization.md
Stored source content
**(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.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
**(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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 6997
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 6999
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(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
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
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
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.