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7 U.S.C. § 6997 — Informal hearings
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.
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Source location: Title 7, Chapter 98, § 6997; chapter-098-department-of-agriculture-reorganization.md
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**(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
### Statutory Notes
Section, Pub. L. 92–181, title VIII, § 8.38, as added Pub. L. 104–105, title I, § 117, Feb. 10, 1996, 110 Stat. 168, related to recapitalization of Corporation.
Source: Supplied U.S. Code snapshot — release unconfirmed · 12 U.S.C. § 2001
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment** The Secretary shall establish the position of Food Access Liaison to coordinate Department programs to reduce barriers to food access and monitor and evaluate the progress of such programs in accordance with this section.
**(b) Duties** The Food Access Liaison shall—
(1) coordinate the efforts of the Department, including regional offices, to experiment and consider programs and policies aimed at reducing barriers to food access for consumers, including but not limited to participants in nutrition assistance programs;
(2) provide outreach to entities engaged in activities to reduce barriers to food access in accordance with the statutory authorization for each program;
(3) provide outreach to entities engaged in activities to reduce barriers to food access, including retailers, markets, producers, and others involved in food production and distribution, with respect to the availability of, and eligibility for, Department programs;
(4) raise awareness of food access issues in interactions with employees of the Department;
(5) make recommendations to the Secretary with respect to efforts to reduce barriers to food access; and
(6) submit to Congress an annual report with respect to the efforts of the Department to reduce barriers to food access.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** A State is a qualifying State if the Secretary of Agriculture (hereinafter in this chapter referred to as the “Secretary”) determines that the State has in effect a mediation program that meets the requirements of subsection (c).
**(b) Determination by Secretary** Within 15 days after the Secretary receives from the Governor of a State a description of the mediation program of the State and a statement certifying that the State has met all of the requirements of subsection (c), the Secretary shall determine whether the State is a qualifying State.
**(c) Requirements of State mediation programs**
(1) **Issues covered**
(A) *In general* — To be certified as a qualifying State, the mediation program of the State must provide mediation services to persons described in paragraph (2) that are involved in agricultural loans (regardless of whether the loans are made or guaranteed by the Secretary or made by a third party).
(B) *Other issues* — The mediation program of a qualifying State may provide mediation services to persons described in paragraph (2) that are involved in one or more of the following issues:
(i) Wetlands determinations.
(ii) Compliance with farm programs, including conservation programs and the national organic program established under the Organic Foods Production Act of 1990 ([7 U.S.C. 6501](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section6501&num=0&edition=prelim) et seq.).
(iii) Agricultural credit.
(iv) Rural water loan programs.
(v) Grazing on National Forest System land.
(vi) Pesticides.
(vii) Lease issues, including land leases and equipment leases.
(viii) Family farm transition.
(ix) Farmer-neighbor disputes.
(x) Such other issues as the Secretar
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 5101
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** In this section:
(1) **Agricultural commodity** — The term “agricultural commodity” has the meaning given the term in [section 5602 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section5602&num=0&edition=prelim).
(2) **Geographically disadvantaged farmer or rancher** — The term “geographically disadvantaged farmer or rancher” has the meaning given the term in section 10906(a) of the Farm Security and Rural Investment Act of 2002 ([7 U.S.C. 2204](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2204&num=0&edition=prelim) note; Public Law 107–171).
**(b) Authorization** Subject to the availability of funds under subsection (d), the Secretary may provide geographically disadvantaged farmers or ranchers direct reimbursement payments for activities described in subsection (c).
**(c) Transportation**
(1) **In general** — Subject to paragraphs (2) and (3), the Secretary may provide direct reimbursement payments to a geographically disadvantaged farmer or rancher to transport an agricultural commodity, or inputs used to produce an agricultural commodity, during a fiscal year.
(2) **Proof of eligibility** — To be eligible to receive assistance under paragraph (1), a geographically disadvantaged farmer or rancher shall demonstrate to the Secretary that transportation of the agricultural commodity or inputs occurred over a distance of more than 30 miles, as determined by the Secretary.
(3) **Amount**
(A) *In general* — Subject to paragraph (2), the amount of direct reimbursement payments made to a geographically disadvantaged farmer or rancher under this section for a fiscal year shall equal the product obtained by multiplying—
(i) the amount of costs incurred by the geographically di
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 8701
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment of Division** The Secretary shall establish and maintain an independent National Appeals Division within the Department to carry out this subchapter.
**(b) Director**
(1) **Appointment** — The Division shall be headed by a Director, appointed by the Secretary from among persons who have substantial experience in practicing administrative law. In considering applicants for the position of Director, the Secretary shall consider persons currently employed outside Government as well as Government employees.
(2) **Term and removal** — The Director shall serve for a 6-year term of office, and shall be eligible for reappointment. The Director shall not be subject to removal during the term of office, except for cause established in accordance with law.
(3) **Position classification** — The position of the Director may not be a position in the excepted service or filled by a noncareer appointee.
**(c) Direction, control, and support**
(1) **Direction and control**
(A) *In general* — Except as provided in paragraph (2), the Director shall be free from the direction and control of any person other than the Secretary or the Deputy Secretary of Agriculture.
(B) *Administrative support* — The Division shall not receive administrative support (except on a reimbursable basis) from any agency other than the Office of the Secretary.
(C) *Prohibition on delegation* — The Secretary may not delegate to any other officer or employee of the Department, other than the Deputy Secretary of Agriculture or the Director, the authority of the Secretary with respect to the Division.
(2) **Exception** — The Assistant Secretary for Administration is authorized to investigate, enforce, and implement the provisions in law, Executive order, or regulations that relate i
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 6994
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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
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Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section6997&num=0&edition=prelim), the appellant shall submit a written request to the Director for review of the determination in order to be entitled to a review by the Director of the determination.
(2) **Time for request by agency head** — Not later than 15 business days after the date on which an agency receives the determination of a hearing officer under [section 6997 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section6997&num=0&edition=prelim), the head of the agency may make a written request that the Director review the determination.
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section6997&num=0&edition=prelim), 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 determin
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 7000
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Federal law — U.S. Code and appendices · legal_authorities
Page 1738
TITLE 7—AGRICULTURE
§ 5101
Sec.
5105.
Report.
5106.
Authorization of appropriations.
§ 5101. Qualifying States
(a) In general
A State is a qualifying State if the Secretary
of Agriculture (hereinafter in this chapter re-
ferred to as the ‘‘Secretary’’) determines that
the State has in effect a mediation program that
meets the requirements of subsection (c).
(b) Determination by Secretary
Within 15 days after the Secretary receives
from the Governor of a State a description of
the mediation program of the State and a state-
ment certifying that the State has met all of
the requirements of subsection (c), the Sec-
retary shall determine whether the State is a
qualifying State.
(c) Requirements of State mediation programs
(1) Issues covered
(A) In general
To be certified as a qualifying State, the
mediation program of the State must pro-
vide mediation services to persons described
in paragraph (2) that are involved in agricul-
tural loans (regardless of whether the loans
are made or guaranteed by the Secretary or
made by a third party).
(B) Other issues
The mediation program of a qualifying
State may provide mediation services to per-
sons described in paragraph (2) that are in-
volved in one or more of the following
issues:
(i) Wetlands determinations.
(ii) Compliance with farm programs, in-
cluding conservation programs and the na-
tional organic program established under
the Organic Foods Production Act of 1990
(7 U.S.C. 6501 et seq.).
(iii) Agricultural credit.
(iv) Rural water loan programs.
(v) Grazing on National Forest System
land.
(vi) Pesticides.
(vii) Lease issues, including land leases
and equipment leases.
(viii) Family farm transition.
(ix) Farmer-neighbor disputes.
(x) Such other issues as the Secretary or
Source: Supplied 2024 U.S. Code historical extraction · 7 U.S.C. § 5101
Stored review status: historical_2024_not_currentness_verified. The source passage cites 7 U.S.C. § 5101. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 1951
TITLE 7—AGRICULTURE
§ 6997
§ 6995. 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, agen-
cy, or administrative unit of the Department as-
signed to carry out the programs authorized for
the Farm Service Agency under section 6932 of
this title), the Secretary shall maintain the in-
formal appeals process applicable to such pro-
grams, 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 et seq.) as a part of the informal hearing
process, the participant shall—
(1) be offered the right to choose such medi-
ation; 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.)
Editorial Notes
REFERENCES IN TEXT
The Agricultural Credit Act of 1987, referred to in
subsec. (c), is Pub. L. 100–233, Jan. 6, 1988, 101 Stat. 1568.
Title V of the Act is classified principally to chapter 82
(§ 5101 et seq.) of this title. For complete classification
of this Act to the Code, see Short Title of 1988 Amend-
ments note set out under section 2001 of Title 12, Banks
and Banking, and Tables.
CODIFICATION
Pub. L. 110–234 and
Source: Supplied 2024 U.S. Code historical extraction · 7 U.S.C. § 6997
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