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7 U.S.C. § 6991 — Definitions

submitted 32 years ago by Pub. L. 103-354 to r/title-7-AGRICULTURE · 361 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section defines terms used in this subchapter. It explains what counts as an adverse decision, agency, appellant, case record, Director, Division, hearing officer, implementation, and participant.

(1) “Adverse decision” means an administrative decision by an agency officer, employee, or committee that harms a participant. It also includes an agency denying equitable relief or failing to decide or act on a participant’s request or right. It does not include a decision within the jurisdiction of the Board of Contract Appeals.

(2) “Agency” means a Department agency designated by the Secretary, or a successor agency. It also includes the Farm Service Agency or its successor unit; 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 its successor unit; and a State, county, or area committee established under 16 U.S.C. 590h(b)(5).

(3) “Appellant” means a participant who appeals an adverse decision under this subchapter.

(4) “Case record” means all materials the Secretary keeps that relate to an adverse decision.

(5) “Director” means the Director of the Division.

(6) “Division” means the National Appeals Division established by this chapter.

(7) “Hearing officer” means a Division employee who hears and decides appeals from agency adverse decisions.

(8) “Implement” means the actions needed to fully and promptly carry out a Division final determination no later than 30 calendar days after that determination becomes effective.

(9) “Participant” has the meaning the Secretary gives it by regulation. This section does not define that term.

the actual law source: uscode.house.gov ↗public domain

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

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

(6) Division

The term “Division” means the National Appeals Division established by this chapter.

(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.

Source credit: (Pub. L. 103–354, title II, § 271, Oct. 13, 1994, 108 Stat. 3228; Pub. L. 115–334, title XII, §§ 12404(b)(2), 12410(c)(2)(B), Dec. 20, 2018, 132 Stat. 4975, 4978.)

history & why it existsrecord from the source credit
  • 1994Enacted · Pub. L. 103-354 · 108 Stat. 3228
  • 2018Amended · Pub. L. 115-334 · 132 Stat. 4975, 4978

A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-354 on 1994-10-13.

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