7 U.S.C. § 6998: Director review of…

Summary

The Director must review a hearing officer’s decision if someone asks. A person who appealed (the appellant) must send a written request within 30 days after they get the hearing officer’s decision. The head of the agency may ask in writing within 15 business days after the agency gets the decision. The Director will look at the case file, the hearing record, the written request, and any other allowed information. The Director can keep the decision, change it, send part or all of it back for more record work, or order a new hearing. The Director must finish and issue a final decision or remand within 10 business days for agency-head requests and within 30 business days for appellant requests. Decisions must follow the case record, the laws, and the rules in effect on the relevant date. The Director can grant equitable relief like the Secretary can, and the Secretary can still give relief after a final administrative decision. A final Director decision is effective from the application date, the date of the event, or the date of the original adverse decision, whichever applies.

Title 7, §6998

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

(b)Determination of Director (c) Basis for determination

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.

(d)Equitable relief

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)Effective date

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