§6998 — Title 7 Agriculture | U.S. Code

Summary

An appellant must send a written request to the Director for review within 30 days after getting the hearing officer’s decision. The head of an agency has 15 business days after the agency receives the hearing officer’s decision to ask the Director for a review. The Director will review the case file, the hearing record, the written request, and any other accepted information. The Director must then issue a final decision that upholds, reverses, or changes the hearing officer’s decision. If the record is incomplete, the Director can send the case back for more proceedings or order a new hearing. The Director must finish the review within 10 business days for agency requests and within 30 business days for appellant requests. Decisions must be based on the case record, the laws that apply, and the regulations in effect on the relevant date. The Director can grant fair remedies like the Secretary can under section 7996, and the Secretary may also grant relief after a final decision. A final decision takes effect from the application date, the event date, or the date of the original adverse decision, whichever applies.

Title 7, §6998

Agriculture — Source: USLM XML via OLRC

(a)(1)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 request to the Director for review of the determination in order to be entitled to a review by the Director of the determination.

(2)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, the head of the agency may make a written request that the Director review the determination.

(b)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)The determination of the hearing officer and the Director shall be based on information from the case record, laws applicable to the matter at issue, and applicable regulations published in the Federal Register and in effect on the date of the adverse decision or the date on which the acts that gave rise to the adverse decision occurred, whichever date is appropriate.

(d)Subject to regulations issued by the Secretary, the Director shall have the authority to grant equitable relief under this section in the same manner and to the same extent as such authority is provided to the Secretary under section 7996 of this title and other laws. Notwithstanding the administrative finality of a final determination of an appeal by the Division, the Secretary shall have the authority to grant equitable or other types of relief to the appellant after an administratively final determination is issued by the Division.

(e)A final determination issued by the Director 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 applicable.

Editorial Notes

Amendments

2002—Subsec. (d). Pub. L. 107–171 substituted “section 7996 of this title” for “section 1339a of this title”.

§6998 Director review of determinations of hearing officers

Summary

Title 7, §6998

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata