cfr_sections
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17 rows where agency = "FSA" and part_number = 780 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 7:7:7.1.1.4.26.0.9.1 | 7 | Agriculture | VII | D | 780 | PART 780—APPEAL REGULATIONS | § 780.1 General. | FSA | This part sets forth rules applicable to appealability reviews, reconsiderations, appeals and alternative dispute resolution procedures comprising in aggregate the informal appeals process of FSA. FSA will apply these rules to facilitate and expedite participants' submissions and FSA reviews of documentary and other evidence material to resolution of disputes arising under agency program regulations. | ||||||
| 7:7:7.1.1.4.26.0.9.10 | 7 | Agriculture | VII | D | 780 | PART 780—APPEAL REGULATIONS | § 780.10 State committee appeals. | FSA | [70 FR 43266, July 27, 2005, as amended at 71 FR 30573, May 30, 2006] | (a) A request for appeal to the State committee from a decision of a county committee must be submitted by a participant or by a participant's authorized representative in writing and addressed to the State Executive Director. (b) A participant's right to appeal a decision to a State committee is waived if a participant has appealed the adverse decision to NAD before requesting an appeal to the State Committee. (c) If a participant requests mediation or requests an appeal to NAD before a request for an appeal to the State Committee has been acted upon, the appeal to the State Committee will be deemed withdrawn. The deemed withdrawal of a participant's appeal to the State Committee will not preclude a subsequent request for a State Committee hearing on appealable matters not resolved in mediation. (d) The Federal Rules of Evidence do not apply in appeals to a State committee. Notwithstanding, a State committee may confine presentations of evidence to material facts and exclude evidence or questions as irrelevant, unduly repetitious, or otherwise inappropriate. (e) The official record of a State committee decision on an appeal will be the decision letter that is issued following disposition of the appeal. (f) Deliberations shall be in confidence except to the extent that a State committee may request the assistance of FSA employees during deliberations. | |||||
| 7:7:7.1.1.4.26.0.9.11 | 7 | Agriculture | VII | D | 780 | PART 780—APPEAL REGULATIONS | § 780.11 Appeals of NRCS determinations. | FSA | (a) Notwithstanding any other provision of this part, a determination of NRCS issued to a participant pursuant to Title XII of the Food Security Act of 1985, as amended, including a wetland determination, may be appealed to the county committee in accordance with the procedures in this part. (b) If the county committee hears the appeal and believes that the challenge to the NRCS determination is not frivolous, the county committee shall refer the case with its findings on other issues to the NRCS State Conservationist to review the determination, or may make such a referral in advance of resolving other issues. (c) A decision of the county committee not to refer the case with its findings to the NRCS State Conservationist may be appealed to the State Committee. (d) The county or State committee decision must incorporate, and be based upon, the results of the NRCS State Conservationist's review and subsequent determination. | ||||||
| 7:7:7.1.1.4.26.0.9.12 | 7 | Agriculture | VII | D | 780 | PART 780—APPEAL REGULATIONS | § 780.12 Appeals of penalties assessed under the Agricultural Foreign Investment Disclosure Act of 1978. | FSA | (a) Requests for appeals of penalties assessed under the Agricultural Foreign Investment Disclosure Act of 1978 must be addressed to: Administrator, Farm Service Agency, Stop 0572, 1400 Independence Avenue, SW., Washington, DC 20250-0572. (b) Decisions in appeals under this section are not subject to reconsideration and are administratively final. | ||||||
| 7:7:7.1.1.4.26.0.9.13 | 7 | Agriculture | VII | D | 780 | PART 780—APPEAL REGULATIONS | § 780.13 Verbatim transcripts. | FSA | (a) Appellants and their representatives are precluded from making any electronic recording of any portion of a hearing or other proceeding conducted in accordance with this part. Appellants interested in obtaining an official recording of a hearing or other proceeding may request a verbatim transcript in accordance with paragraph (b) of this section. (b) Any party to an appeal or request for reconsideration under this part may request that a verbatim transcript be made of the hearing proceedings and that such transcript be made the official record of the hearing. The party requesting a verbatim transcript shall pay for the transcription service, provide a copy of the transcript to FSA free of charge, and allow any other party in the proceeding desiring to purchase a copy of the transcript to order it from the transcription service. | ||||||
| 7:7:7.1.1.4.26.0.9.14 | 7 | Agriculture | VII | D | 780 | PART 780—APPEAL REGULATIONS | § 780.14 [Reserved] | FSA | |||||||
| 7:7:7.1.1.4.26.0.9.15 | 7 | Agriculture | VII | D | 780 | PART 780—APPEAL REGULATIONS | § 780.15 Time limitations. | FSA | [70 FR 43266, July 27, 2005, as amended at 71 FR 30574, May 30, 2006] | (a) To the extent practicable, no later than 10 business days after an agency decision maker renders an adverse decision that affects a participant, FSA will provide the participant written notice of the adverse decision and available appeal rights. (b) A participant requesting an appealability review by the State Executive Director of an agency decision made at the county, area, district or State level that is otherwise determined by FSA not to be appealable must submit a written request for an appealability review to the State Executive Director that is received no later than 30 calendar days from the date a participant receives written notice of the decision. (c) A participant requesting reconsideration, mediation or appeal must submit a written request as instructed in the notice of decision that is received no later than 30 calendar days from the date a participant receives written notice of the decision. A participant that receives a determination made under part 1400 of this title will be deemed to have consented to an extension of the time limitation for a final determination as provided in part 1400 of this title if the participant requests mediation. (d) Notwithstanding the time limits in paragraphs (b) and (c) of this section, a request for an appealability review, reconsideration, or appeal may be accepted if, in the judgment of the reviewing authority with whom such request is filed, exceptional circumstances warrant such action. A participant does not have the right to seek an exception under this paragraph. FSA's refusal to accept an untimely request is not appealable. (e) Decisions appealable under this part are final unless review options available under this part or part 11 are timely exercised. (1) Whenever the final date for any requirement of this part falls on a Saturday, Sunday, Federal holiday, or other day on which the pertinent FSA office is not open for the transaction of business during normal working hours, the time for submission of a request will be extended to the close of bus… | |||||
| 7:7:7.1.1.4.26.0.9.16 | 7 | Agriculture | VII | D | 780 | PART 780—APPEAL REGULATIONS | § 780.16 Implementation of final agency decisions. | FSA | To the extent practicable, no later than 30 calendar days after an agency decision becomes a final administrative decision of USDA, FSA will implement the decision. | ||||||
| 7:7:7.1.1.4.26.0.9.17 | 7 | Agriculture | VII | D | 780 | PART 780—APPEAL REGULATIONS | § 780.17 Judicial review. | FSA | (a) Decisions of the Administrator in appeals under this part from Agriculture Foreign Investment Disclosure Act penalties are administratively final decisions of USDA. (b) The decision of a State Executive Director or State Conservationist on equitable relief made under § 718.307 of this title is administratively final and also not subject to judicial review. | ||||||
| 7:7:7.1.1.4.26.0.9.2 | 7 | Agriculture | VII | D | 780 | PART 780—APPEAL REGULATIONS | § 780.2 Definitions. | FSA | For purposes of this part: 1994 Act means the Federal Crop Insurance Reform and Department of Agriculture Reorganization Act of 1994 (Pub. L. 103-354). Adverse decision means a program decision by an employee, officer, or committee of FSA that is adverse to the participant. The term includes any denial of program participation, benefits, written agreements, eligibility, etc., that results in a participant receiving less funds than the participant believes should have been paid or not receiving a program benefit to which the participant believes the participant was entitled. Agency means FSA and its county and State committees and their personnel, CCC, NRCS, and any other agency or office of the Department which the Secretary may designate, or any successor agency. Agency record means all documents and materials maintained by FSA that are related to the adverse decision under review that are compiled and reviewed by the decision-maker or that are compiled in the record provided to the next level reviewing authority. Appeal means a written request by a participant asking the next level reviewing authority within FSA to review a decision. However, depending on the context, the term may also refer to a request for review by NAD. Appealability review means review of a decision-maker's determination that a decision is not appealable under this part. That decision is, however, subject to review according to § 780.5 or 7 CFR part 11 to determine whether the decision involves a factual dispute that is appealable or is, instead, an attempt to challenge generally applicable program policies, provisions, regulations, or statutes that were not appealable. Appellant means any participant who appeals or requests reconsideration or mediation of an adverse decision in accordance with this part or 7 CFR part 11. Authorized representative means a person who has obtained a Privacy Act waiver and is authorized in writing by a participant to act for the participant in a reconsideration, mediation, or appeal. CCC mean… | ||||||
| 7:7:7.1.1.4.26.0.9.3 | 7 | Agriculture | VII | D | 780 | PART 780—APPEAL REGULATIONS | § 780.3 Reservations of authority. | FSA | (a) Representatives of FSA and CCC may correct all errors in data entered on program contracts, loan agreements, and other program documents and the results of the computations or calculations made pursuant to the contract or agreement. FSA and CCC will furnish appropriate notice of such corrections when corrections are deemed necessary. (b) Nothing contained in this part shall preclude the Secretary, or the Administrator of FSA, Executive Vice President of CCC, the Chief of NRCS, if applicable, or a designee, from determining at any time any question arising under the programs within their respective authority or from reversing or modifying any decision made by a subordinate employee of FSA or its county and State committees, or CCC. | ||||||
| 7:7:7.1.1.4.26.0.9.4 | 7 | Agriculture | VII | D | 780 | PART 780—APPEAL REGULATIONS | § 780.4 Applicability. | FSA | (a)(1) Except as provided in other regulations, this part applies to decisions made under programs and by agencies, as set forth herein: (i) Decisions in programs administered by FSA to make, guarantee or service farm loans set forth in chapters VII and XVIII of this title relating to farm loan programs; (ii) Decisions in those domestic programs administered by FSA on behalf of CCC through State and county committees, or itself, which are generally set forth in chapters VII and XIV of this title, or in part VII relating to conservation or commodities; (iii) Appeals from adverse decisions, including technical determinations, made by NRCS under title XII of the Food Security Act of 1985, as amended; (iv) Penalties assessed by FSA under the Agricultural Foreign Investment Disclosure Act of 1978, 5 U.S.C. 501 et seq. ; (v) Decisions on equitable relief made by a State Executive Director or State Conservationist pursuant to section 1613 of the Farm Security and Rural Investment Act of 2002, Pub. L. 107-171; and (vi) Other programs to which this part is made applicable by specific program regulations or notices in the Federal Register. (2) The procedures contained in this part may not be used to seek review of statutes or regulations issued under Federal law or review of FSA's generally applicable interpretations of such laws and regulations. (3) For covered programs, this part is applicable to any decision made by an employee of FSA or of its State and county committees, CCC, the personnel of FSA, or CCC, and by the officials of NRCS to the extent otherwise provided in this part, and as otherwise may be provided in individual program requirements or by the Secretary. (b) With respect to matters identified in paragraph (a) of this section, participants may request appealability review, reconsideration, mediation, or appeal under the provisions of this part, of decisions made with respect to: (1) Denial of participation in a program; (2) Compliance with program requirements; (3) Issuance of payments or oth… | ||||||
| 7:7:7.1.1.4.26.0.9.5 | 7 | Agriculture | VII | D | 780 | PART 780—APPEAL REGULATIONS | § 780.5 Decisions that are not appealable. | FSA | (a) Decisions that are not appealable under this part shall include the following: (1) Any general program provision or program policy or any statutory or regulatory requirement that is applicable to similarly situated participants; (2) Mathematical formulas established under a statute or program regulation and decisions based solely on the application of those formulas; (3) Decisions made pursuant to statutory provisions that expressly make agency decisions final or their implementing regulations; (4) Decisions on equitable relief made by a State Executive Director or State Conservationist pursuant to Section 1613 of the Farm Security and Rural Investment Act of 2002, Pub. L. 107-171; (5) Decisions of other Federal or State agencies; (6) Requirements and conditions designated by law to be developed by agencies other than FSA. (7) Disapprovals or denials because of a lack of funding. (8) Decisions made by the Administrator or a Deputy Administrator. (b) A participant directly affected by an adverse decision that is determined not to be subject to appeal under this part may request an appealability review of the determination by the State Executive Director of the State from which the underlying decision arose in accordance with § 780.15. (c) Decisions that FSA renders under this part may be reviewed by NAD under part 11 of this title to the extent otherwise allowed by NAD under its rules and procedures. An appealability determination of the State Executive Director in an administrative review is considered by FSA to be a new decision. | ||||||
| 7:7:7.1.1.4.26.0.9.6 | 7 | Agriculture | VII | D | 780 | PART 780—APPEAL REGULATIONS | § 780.6 Appeal procedures available when a decision is appealable. | FSA | (a) For covered programs administered by FSA for CCC, the following procedures are available: (1) Appeal to the county committee of decisions of county committee subordinates; (2) Reconsideration by the county committee; (3) Appeal to the State committee; (4) Reconsideration by the State committee; (5) Appeal to NAD; (6) Mediation under guidelines specified in § 780.9. (b) For decisions in agricultural credit programs administered by FSA, the following procedures are available: (1) Reconsideration under § 780.7; (2) Mediation under § 780.9; (3) Appeal to NAD. (c) For programs and regulatory requirements under Title XII of the Food Security Act of 1985, as amended, to the extent not covered by paragraph (a) of this section, the following procedures are available: (1) Appeal to the county committee; (2) Appeal to the State committee; (3) Mediation under § 780.9; (4) Appeal to NAD. | ||||||
| 7:7:7.1.1.4.26.0.9.7 | 7 | Agriculture | VII | D | 780 | PART 780—APPEAL REGULATIONS | § 780.7 Reconsideration. | FSA | [70 FR 43266, July 27, 2005, as amended at 71 FR 30573, May 30, 2006] | (a) A request for reconsideration must be submitted in writing by a participant or by a participant's authorized representative and addressed to the FSA decision maker as will be instructed in the adverse decision notification. (b) A participant's right to request reconsideration is waived if, before requesting reconsideration, a participant: (1) Has requested and begun mediation of the adverse decision; (2) Has appealed the adverse decision to a higher reviewing authority in FSA; or (3) Has appealed to NAD. (c) Provided a participant has not waived the right to request reconsideration, FSA will consider a request for reconsideration of an adverse decision under these rules except when a request concerns a determination of NRCS appealable under the procedures in § 780.11, the decision has been mediated, the decision has previously been reconsidered, or the decision-maker is the Administrator, Deputy Administrator, or other FSA official outside FSA's informal appeals process. (d) A request for reconsideration will be deemed withdrawn if a participant requests mediation or appeals to a higher reviewing authority within FSA or requests an appeal by NAD before a request for reconsideration has been acted upon. (e) The Federal Rules of Evidence do not apply to reconsiderations. Proceedings may be confined to presentations of evidence to material facts, and evidence or questions that are irrelevant, unduly repetitious, or otherwise inappropriate may be excluded. (f) The official decision on reconsideration will be the decision letter that is issued following disposition of the reconsideration request. (g) A decision on reconsideration is a new decision that restarts applicable time limitations periods under § 780.15 and part 11 of this title. | |||||
| 7:7:7.1.1.4.26.0.9.8 | 7 | Agriculture | VII | D | 780 | PART 780—APPEAL REGULATIONS | § 780.8 County committee appeals. | FSA | (a) A request for appeal to a county committee concerning a decision of a subordinate of the county committee must be submitted by a participant or by a participant's authorized representative in writing and must be addressed to the office in which the subordinate is employed. (b) The Federal Rules of Evidence do not apply to appeals to a county committee. However, a county committee may confine presentations of evidence to material facts and may exclude evidence or questions that are irrelevant, unduly repetitious, or otherwise inappropriate. (c) The official county committee decision on an appeal will be the decision letter that is issued following disposition of the appeal. (d) Deliberations shall be in confidence except to the extent that a county committee may request the assistance of county committee or FSA employees during deliberations. | ||||||
| 7:7:7.1.1.4.26.0.9.9 | 7 | Agriculture | VII | D | 780 | PART 780—APPEAL REGULATIONS | § 780.9 Mediation. | FSA | [70 FR 43266, July 27, 2005, as amended at 71 FR 30573, May 30, 2006] | (a) Any request for mediation must be submitted after issuance of an adverse decision but before any hearing in an appeal of the adverse decision to NAD. (b) An adverse decision and any particular issues of fact material to an adverse decision may be mediated only once: (1) If resolution of an adverse decision is not achieved in mediation, a participant may exercise any remaining appeal rights under this part or appeal to NAD in accordance with part 11 of this title and NAD procedures. (2) If an adverse decision is modified as a result of mediation, a participant may exercise any remaining appeal rights as to the modified decision under this part or appeal to NAD, unless such appeal rights have been waived pursuant to agreement in the mediation. (c) Any agreement reached during, or as a result of, the mediation process shall conform to the statutory and regulatory provisions governing the program and FSA's generally applicable interpretation of those statutes and regulatory provisions. (d) FSA will participate in mediation in good faith and to do so will take steps that include the following: (1) Designating a representative in the mediation; (2) Instructing the representative that any agreement reached during, or as a result of, the mediation process must conform to the statutes, regulations, and FSA's generally applicable interpretations of statutes and regulations governing the program; (3) Assisting as necessary in making pertinent records available for review and discussion during the mediation; and (4) Directing the representative to forward any written agreement proposed in mediation to the appropriate FSA official for approval. (e) Mediations will be treated in a confidential manner consistent with the purposes of the mediation. (f) For requests for mediation in a Certified State, if the factual issues implicated in an adverse decision have not previously been mediated, notice to a participant of an adverse decision will include notice of the opportunity for mediation, including a mailing addre… |
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CREATE TABLE cfr_sections (
section_id TEXT PRIMARY KEY,
title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
part_name TEXT,
subpart TEXT,
subpart_name TEXT,
section_number TEXT,
section_heading TEXT,
agency TEXT,
authority TEXT,
source_citation TEXT,
amendment_citations TEXT,
full_text TEXT
);
CREATE INDEX idx_cfr_title ON cfr_sections(title_number);
CREATE INDEX idx_cfr_part ON cfr_sections(part_number);
CREATE INDEX idx_cfr_agency ON cfr_sections(agency);