PRIA, Government Policy, Made Personal

Summary

Defines key words used in this part of the law. "Adverse decision" means an agency action that goes against a participant, including denying equitable relief or failing to act, but not decisions the Board of Contract Appeals handles. "Agency" means any Department office the Secretary names, and specifically lists the Farm Service Agency (or units given its duties under section 6932), the Commodity Credit Corporation for domestic programs, the Farmers Home Administration, the Federal Crop Insurance Corporation, the Rural Development Administration, the Natural Resources Conservation Service (or units given its duties under section 6936(b)), and any State, county, or area committee under section 590h(b)(5) of title 16, plus their successors. "Appellant" is a participant who appeals. "Case record" is all materials the Secretary keeps about an adverse decision. "Director" is the Division’s Director. "Division" is the National Appeals Division. "Hearing officer" is a Division employee who decides appeals. "Implement" means the steps needed to carry out a final Division decision within 30 calendar days after its effective date. "Participant" is defined by the Secretary in regulation.

Title 7, §6991

Agriculture, Source: USLM XML via OLRC

For purposes of this subchapter:

(1)Adverse decision

The 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)Agency

The 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)Appellant

The term “appellant” means a participant who appeals an adverse decision in accordance with this subchapter.

(4)Case record

The term “case record” means all the materials maintained by the Secretary related to an adverse decision.

(5)Director (6) Division

The term “Director” means the Director of the Division.

(7)Hearing officer

The term “hearing officer” means an individual employed by the Division who hears and determines appeals of adverse decisions by any agency.

(8)Implement

The 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)Participant

The term “participant” shall have the meaning given that term by the Secretary by regulation.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This subchapter, referred to in text, was in the original “this subtitle”, meaning subtitle H (§§ 271–283) of title II of Pub. L. 103–354, Oct. 13, 1994, 108 Stat. 3228, which enacted this subchapter, amended section 2006 and 5101 to 5106 of this title and section 2202e of Title 12, Banks and Banking, and repealed section 1433e and 1983b of this title. This chapter, referred to in par. (6), was in the original “this title”, meaning title II of Pub. L. 103–354, Oct. 13, 1994, 108 Stat. 3209, known as the Department of Agriculture Reorganization Act of 1994. For complete classification of title II to the Code, see

Short Title

note set out under section 6901 of this title and Tables.

Amendments

2018—Par. (2)(A). Pub. L. 115–334, § 12404(b)(2), substituted “Farm” for “Consolidated Farm” in two places. Par. (2)(F). Pub. L. 115–334, § 12410(c)(2)(B), substituted “section 6936(b) of this title” for “section 6962(b) of this title”.

§6991 Definitions