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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
7:7:1.1.1.1.14.1.29.1 7 Agriculture     11 PART 11—NATIONAL APPEALS DIVISION A Subpart A—National Appeals Division Rules of Procedures   § 11.1 Definitions. USDA     [64 FR 33373, June 23, 1999, as amended at 85 FR 31938, May 28, 2020] For purposes of this part: 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 within timeframes specified by agency program statutes or regulations or within a reasonable time if timeframes are not specified in such statutes or regulations. The term does not include a decision over which the Board of Contract Appeals has jurisdiction. Agency means: (1) The Commodity Credit Corporation (CCC); (2) The Farm Service Agency (FSA); (3) The Federal Crop Insurance Corporation (FCIC); (4) The Natural Resources Conservation Service (NRCS); (5) The Risk Management Agency (RMA); (6) The Rural Business-Cooperative Service (RBS); (7) Rural Development (RD); (8) The Rural Housing Service (RHS); (9) The Rural Utilities Service (RUS) (but not for programs authorized by the Rural Electrification Act of 1936 or the Rural Telephone Bank Act, 7 U.S.C. 901 et seq. ); (10) A State, county, or area committee established under section 8(b)(5) of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590h (b)(5)); and (11) Any predecessor or successor agency to the above-named agencies, and any other agency or office of the Department which the Secretary may designate. Agency record means all the materials maintained by an agency related to an adverse decision which are submitted to the Division by an agency for consideration in connection with an appeal under this part, including all materials prepared or reviewed by the agency during its consideration and decisionmaking process, but shall not include records or information not related to the adverse decision at issue. All materials contained in the agency record submitted to the Division shall be deemed admitted as evidence for purposes of a hearing or a record review under § 11.8. Agency representative means …
7:7:1.1.1.1.14.1.29.10 7 Agriculture     11 PART 11—NATIONAL APPEALS DIVISION A Subpart A—National Appeals Division Rules of Procedures   § 11.10 Basis for determinations. USDA       (a) In making a determination, the Hearing Officers and the Director are not bound by previous findings of facts on which the agency's adverse decision was based. (b) In making a determination on the appeal, Hearing Officers and the Director shall ensure that the decision is consistent with the laws and regulations of the agency, and with the generally applicable interpretations of such laws and regulations. (c) All determinations of the Hearing Officers and the Director must 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 under the applicable agency program laws and regulations.
7:7:1.1.1.1.14.1.29.11 7 Agriculture     11 PART 11—NATIONAL APPEALS DIVISION A Subpart A—National Appeals Division Rules of Procedures   § 11.11 Reconsideration of Director determinations. USDA       (a) Reconsideration of a determination of the Director may be requested by the appellant or the agency within 10 days of receipt of the determination. The Director will not consider any request for reconsideration that does not contain a detailed statement of a material error of fact made in the determination, or a detailed explanation of how the determination is contrary to statute or regulation, which would justify reversal or modification of the determination. (b) The Director shall issue a notice to all parties as to whether a request for reconsideration meets the criteria in paragraph (a) of this section. If the request for reconsideration meets such criteria, the Director shall include a copy of the request for reconsideration in the notice to the non-requesting parties to the appeal. The non-requesting parties shall have 5 days from receipt of such notice from the Director to file a response to the request for reconsideration with the Director. (c) The Director shall issue a decision on the request for reconsideration within 5 days of receipt of responses from the non-requesting parties. If the Director's decision upon reconsideration reverses or modifies the final determination of the Director rendered under § 11.9(d), the Director's decision on reconsideration will become the final determination of the Director under § 11.9(d) for purposes of this part.
7:7:1.1.1.1.14.1.29.12 7 Agriculture     11 PART 11—NATIONAL APPEALS DIVISION A Subpart A—National Appeals Division Rules of Procedures   § 11.12 Effective date and implementation of final determinations of the Division. USDA       (a) On the return of a case to an agency pursuant to the final determination of the Division, the head of the agency shall implement the final determination not later than 30 days after the effective date of the notice of the final determination. (b) A final determination will 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 under the applicable agency program statutes or regulations.
7:7:1.1.1.1.14.1.29.13 7 Agriculture     11 PART 11—NATIONAL APPEALS DIVISION A Subpart A—National Appeals Division Rules of Procedures   § 11.13 Judicial review. USDA       (a) A final determination of the Division shall be reviewable and enforceable by any United States District Court of competent jurisdiction in accordance with chapter 7 of title 5, United States Code. (b) An appellant may not seek judicial review of any agency adverse decision appealable under this part without receiving a final determination from the Division pursuant to the procedures of this part.
7:7:1.1.1.1.14.1.29.14 7 Agriculture     11 PART 11—NATIONAL APPEALS DIVISION A Subpart A—National Appeals Division Rules of Procedures   § 11.14 Filing of appeals and computation of time. USDA       (a) An appeal, a request for Director Review, or any other document will be considered “filed” when delivered in writing to the Division, when postmarked, or when a complete facsimile copy is received by the Division. (b) Whenever the final date for any requirement of this part falls on a Saturday, Sunday, Federal holiday, or other day on which the Division is not open for the transaction of business during normal working hours, the time for filing will be extended to the close of business on the next working day. (c) The time for filing an appeal, a request for Director review, or any other document expires at 5:00 p.m. local time at the office of the Division to which the filing is submitted on the last day on which such filing may be made.
7:7:1.1.1.1.14.1.29.15 7 Agriculture     11 PART 11—NATIONAL APPEALS DIVISION A Subpart A—National Appeals Division Rules of Procedures   § 11.15 Participation of third parties and interested parties in Division proceedings. USDA       In two situations, parties other than the appellant or the agency may be interested in participating in Division proceedings. In the first situation, a Division proceeding may in fact result in the adjudication of the rights of a third party, e.g., an appeal of a tenant involving a payment shared with a landlord, an appeal by one recipient of a portion of a payment shared by multiple parties, an appeal by one heir of an estate. In the second situation, a party may desire to receive notice of and perhaps participate in an appeal because of the derivative impact the appeal determination will have on that party, e.g., guaranteed lenders and reinsurance companies. The provisions in this section set forth rules for the participation of such third and interested parties. (a) Third parties. When an appeal is filed, the Division shall notify any potential third party whose rights may be adjudicated of its right to participate as an appellant in the appeal. This includes the right to seek Director review of the Hearing Officer determination. Such third parties may be identified by the Division itself, by an agency, or by the original appellant. The Division shall issue one notice to the third party of its right to participate, and if such party declines to participate, the Division determination will be binding as to that third party as if it had participated. For purposes of this part, a third party includes any party for which a determination of the Division could lead to an agency action on implementation that would be adverse to the party thus giving such party a right to a Division appeal. (b) Interested parties. With respect to a participant who is a borrower under a guaranteed loan or an insured under a crop insurance program, the respective guaranteed lender or reinsurance company having an interest in a participant's appeal under this part may participate in the appeal as an interested party, but such participation does not confer the status of an appellant upon the guaranteed lender or reinsurance company …
7:7:1.1.1.1.14.1.29.2 7 Agriculture     11 PART 11—NATIONAL APPEALS DIVISION A Subpart A—National Appeals Division Rules of Procedures   § 11.2 General statement. USDA       (a) This part sets forth procedures for proceedings before the National Appeals Division within the Department. The Division is an organization within the Department, subject to the general supervision of and policy direction by the Secretary, which is independent from all other agencies and offices of the Department, including Department officials at the state and local level. The Director of the Division reports directly to the Secretary of Agriculture. The authority of the Hearing Officers and the Director of the Division, and the administrative appeal procedures which must be followed by program participants who desire to appeal an adverse decision and by the agency which issued the adverse decision, are included in this part. (b) Pursuant to section 212(e) of the Federal Crop Insurance Reform and Department of Agriculture Reorganization Act of 1994, Pub. L. 103-354 (the Act), 7 U.S.C. 6912(e), program participants shall seek review of an adverse decision before a Hearing Officer of the Division, and may seek further review by the Director, under the provisions of this part prior to seeking judicial review.
7:7:1.1.1.1.14.1.29.3 7 Agriculture     11 PART 11—NATIONAL APPEALS DIVISION A Subpart A—National Appeals Division Rules of Procedures   § 11.3 Applicability. USDA       (a) Subject matter. The regulations contained in this part are applicable to adverse decisions made by an agency, including, for example, those with respect to: (1) Denial of participation in, or receipt of benefits under, any program of an agency; (2) Compliance with program requirements; (3) The making or amount of payments or other program benefits to a participant in any program of an agency; and (4) A determination that a parcel of land is a wetland or highly erodible land. (b) Limitation. The procedures contained in this part may not be used to seek review of statutes or USDA regulations issued under Federal Law.
7:7:1.1.1.1.14.1.29.4 7 Agriculture     11 PART 11—NATIONAL APPEALS DIVISION A Subpart A—National Appeals Division Rules of Procedures   § 11.4 Other laws and regulations. USDA     [64 FR 33373, June 23, 1999, as amended at 74 FR 57401, Nov. 6, 2009] (a) The provisions of the Administrative Procedure Act generally applicable to agency adjudications (5 U.S.C. 554-557), and the Equal Access to Justice Act (5 U.S.C. 504) and its implementing regulations at 7 CFR part 1, subpart J, shall apply to proceedings under this part except for proceedings under § 11.5 and § 11.6(a). (b) The Federal Rules of Evidence, 28 U.S.C. App., shall not apply to proceedings under this part.
7:7:1.1.1.1.14.1.29.5 7 Agriculture     11 PART 11—NATIONAL APPEALS DIVISION A Subpart A—National Appeals Division Rules of Procedures   § 11.5 Informal review of adverse decisions. USDA       (a) Required informal review of FSA adverse decisions. Except with respect to farm credit programs, a participant must seek an informal review of an adverse decision issued at the field service office level by an officer or employee of FSA, or by any employee of a county or area committee established under section 8(b)(5) of the Soil Conservation and Domestic Allotment Act, 16 U.S.C. 590h(b)(5), before NAD will accept an appeal of a FSA adverse decision. Such informal review shall be done by the county or area committee with responsibility for the adverse decision at issue. The procedures for requesting such an informal review before FSA are found in 7 CFR part 780. After receiving a decision upon review by a county or area committee, a participant may seek further informal review by the State FSA committee or may appeal directly to NAD under § 11.6(b). (b) Optional informal review. With respect to adverse decisions issued at the State office level of FSA and adverse decisions of all other agencies, a participant may request an agency informal review of an adverse decision of that agency prior to appealing to NAD. Procedures for requesting such an informal review are found at 7 CFR part 780 (FSA), 7 CFR part 614 (NRCS), 7 CFR part 1900, subpart B (RUS), 7 CFR part 1900, subpart B (RBS), and 7 CFR part 1900, subpart B (RHS). (c) Mediation. A participant also shall have the right to utilize any available alternative dispute resolution (ADR) or mediation program, including any mediation program available under title V of the Agricultural Credit Act of 1987, 7 U.S.C. 5101 et seq. , in order to attempt to seek resolution of an adverse decision of an agency prior to a NAD hearing. If a participant: (1) Requests mediation or ADR prior to filing an appeal with NAD, the participant stops the running of the 30-day period during which a participant may appeal to NAD under § 11.6(b)(1), and will have the balance of days remaining in that period to appeal to NAD once mediation or ADR has concluded. (2) Requests med…
7:7:1.1.1.1.14.1.29.6 7 Agriculture     11 PART 11—NATIONAL APPEALS DIVISION A Subpart A—National Appeals Division Rules of Procedures   § 11.6 Director review of agency determination of appealability and right of participants to Division hearing. USDA       (a) Director review of agency determination of appealability. (1) Not later than 30 days after the date on which a participant receives a determination from an agency that an agency decision is not appealable, the participant must submit a written request personally signed by the participant to the Director to review the determination in order to obtain such review by the Director. (2) The Director shall determined whether the decision is adverse to the individual participant and thus appealable or is a matter of general applicability and thus not subject to appeal, and will issue a final determination notice that upholds or reverses the determination of the agency. This final determination is not appealable. If the Director reverses the determination of the agency, the Director will notify the participant and the agency of that decision and inform the participant of his or her right to proceed with an appeal. (3) The Director may delegate his or her authority to conduct a review under this paragraph to any subordinate official of the Division other than a Hearing Officer. In any case in which such review is conducted by such a subordinate official, the subordinate official's determination shall be considered to be the determination of the Director and shall be final and not appealable. (b) Appeals of adverse decisions. (1) To obtain a hearing under § 11.8, a participant personally must request such hearing not later than 30 days after the date on which the participant first received notice of the adverse decision or after the date on which the participant receives notice of the Director's determination that a decision is appealable. In the case of the failure of an agency to act on the request or right of a recipient, a participant personally must request such hearing not later than 30 days after the participant knew or reasonably should have known that the agency had not acted within the timeframes specified by agency program regulations, or, where such regulations specify no timeframes, not later than 3…
7:7:1.1.1.1.14.1.29.7 7 Agriculture     11 PART 11—NATIONAL APPEALS DIVISION A Subpart A—National Appeals Division Rules of Procedures   § 11.7 USDA       (a)(1) At no time between the filing of an appeal and the issuance of a final determination under this part shall any officer or employee of the Division engage in ex parte communications regarding the merits of the appeal with any person having any interest in the appeal pending before the Division, including any person in an advocacy or investigative capacity. This prohibition does not apply to: (i) Discussions of procedural matters related to an appeal; or (ii) Discussions of the merits of the appeal where all parties to the appeal have been given notice and an opportunity to participate. (2) In the case of a communication described in paragraph (a)(1)(ii) of this section, a memorandum of any such discussion shall be included in the hearing record. (b) No interested person shall make or knowingly cause to be made to any officer or employee of the Division an ex parte communication relevant to the merits of the appeal. (c) If any officer or employee of the Division receives an ex parte communication in violation of this section, the one who receives the communication shall place in the hearing record: (1) All such written communications; (2) Memoranda stating the substance of all such oral communications; and (3) All written responses to such communications, and memoranda stating the substance of any oral responses thereto. (d) Upon receipt of a communication knowingly made or knowingly caused to be made by a party in violation of this section the Hearing Officer or Director may, to the extent consistent with the interests of justice and the policy of the underlying program, require the party to show cause why such party's claim or interest in the appeal should not be dismissed, denied, disregarded, or otherwise adversely affected on account of such violation.
7:7:1.1.1.1.14.1.29.8 7 Agriculture     11 PART 11—NATIONAL APPEALS DIVISION A Subpart A—National Appeals Division Rules of Procedures   § 11.8 Division hearings. USDA       (a) General rules. (1) The Director, the Hearing Officer, and the appellant shall have access to the agency record of any adverse decision appealed to the Division for a hearing. Upon request by the appellant, the agency shall provide the appellant a copy of the agency record. (2) The Director and Hearing Officer shall have the authority to administer oaths and affirmations, and to require, by subpoena, the attendance of witnesses and the production of evidence. A Hearing Officer shall obtain the concurrence of the Director prior to issuing a subpoena. (i) A subpoena requiring the production of evidence may be requested and issued at any time while the case is pending before the Division. (ii) An appellant or an agency, acting through any appropriate official, may request the issuance of a subpoena requiring the attendance of a witness by submitting such a request in writing at least 14 days before the scheduled date of a hearing. The Director or Hearing Officer shall issue a subpoena at least 7 days prior to the scheduled date of a hearing. (iii) A subpoena shall be issued only if the Director or a Hearing Officer determined that: (A) For a subpoena of documents, the appellant or the agency has established that production of documentary evidence is necessary and is reasonably calculated to lead to information which would affect the final determination or is necessary to fully present the case before the Division; or (B) For a subpoena of a witness, the appellant or the agency has established that either a representative of the Department or a private individual possesses information that is pertinent and necessary for disclosure of all relevant facts which could impact the final determination, that the information cannot be obtained except through testimony of the person, and that the testimony cannot be obtained absent issuance of a subpoena. (iv) The party requesting issuance of a subpoena shall arrange for service. Service of a subpoena upon a person named therein may be made by registered or certifi…
7:7:1.1.1.1.14.1.29.9 7 Agriculture     11 PART 11—NATIONAL APPEALS DIVISION A Subpart A—National Appeals Division Rules of Procedures   § 11.9 Director review of determinations of Hearing Officers. USDA       (a) Requests for Director review. (1) Not later than 30 days after the date on which an appellant receives the determination of a Hearing Officer under § 11.8, the appellant must submit a written request, signed personally by the named appellant, to the Director to review the determination in order to be entitled to such review by the Director. Such request shall include specific reasons why the appellant believes the determination is wrong. (2) Not later than 15 business days after the date on which an agency receives the determination of a Hearing Officer under § 11.8, the head of the agency may make a written request that the Director review the determination. Such request shall include specific reasons why the agency believes the determination is wrong, including citations of statutes or regulations that the agency believes the determination violates. Any such request may be made by the head of an agency only, or by a person acting in such capacity, but not by any subordinate officer of such agency. (3) A copy of a request for Director review submitted under this paragraph shall be provided simultaneously by the submitter to each party to the appeal. (b) Notification of parties. The Director promptly shall notify all parties of receipt of a request for review. (c) Responses to request for Director review. Other parties to an appeal may submit written responses to a request for Director review within 5 business days from the date of receipt of a copy of the request for review. (d) Determination of Director. (1) The Director will conduct a review of the determination of the Hearing Officer using the agency record, the hearing record, the request for review, any responses submitted under paragraph (c) of this section, and such other arguments or information as may be accepted by the Director, in order to determine whether the decision of the Hearing Officer is supported by substantial evidence. Based on such review, the Director will issue a final determination notice that upholds, reverses, or modi…
7:7:1.1.1.1.14.2.29.1 7 Agriculture     11 PART 11—NATIONAL APPEALS DIVISION B Subpart B—Organization And Functions   § 11.20 General statement. USDA       This subpart provides guidance for the general public as to the organization and functions of NAD.
7:7:1.1.1.1.14.2.29.2 7 Agriculture     11 PART 11—NATIONAL APPEALS DIVISION B Subpart B—Organization And Functions   § 11.21 Organization. USDA       NAD was established on October 13, 1994. Delegation of authority to the Director, NAD, appears at § 2.34 of this title. The organization is comprised of three regional offices: Eastern Regional Office, Indianapolis, Indiana; Southern Regional Office, Memphis, Tennessee; and Western Regional Office, Lakewood, Colorado; and the headquarters staff located in Alexandria, Virginia. NAD is headed by a Director. NAD is assigned responsibility for certain administrative appeals as set forth in subpart A of this part.
7:7:1.1.1.1.14.2.29.3 7 Agriculture     11 PART 11—NATIONAL APPEALS DIVISION B Subpart B—Organization And Functions   § 11.22 Functions. USDA       (a) Director. Provides executive direction for NAD. The Director is responsible for developing and implementing nationwide plans, policies, and procedures for the timely and orderly hearing and disposition of appeals filed by individuals or entities in accordance with subpart A of this part. The Director will respond to all FOIA requests concerning appeal decisions and case records maintained by NAD. (b) Deputy Director for Hearings and Administration. Responsible for all administrative functions of NAD, including budget, correspondence, personnel, travel, equipment, and regulation review and development. (c) Deputy Director for Planning, Training, and Quality Control. Responsible for NAD strategic planning, including the organization's compliance with the Government Performance and Results Act, Pub. L. 103-62, employee training, and the establishment and maintenance of a quality assurance program. (d) Assistant Directors for Regions. Responsible for oversight of the adjudication process for cases filed in the NAD regional offices. Assistant Directors ensure statutory and administrative time frames are met, and oversee the administrative functions, training, and supervision of the support staff located in the regional offices and the large dispersed staff of professional hearing officers located throughout the regions. The three regional offices serve as the custodian for all NAD determinations and case records.
7:7:1.1.1.1.14.3.29.1 7 Agriculture     11 PART 11—NATIONAL APPEALS DIVISION C Subpart C—Availability of Information to the Public   § 11.30 General statement. USDA       This subpart implements the regulations of the Secretary of Agriculture at 7 CFR 1.1 through 1.16 concerning FOIA (5 U.S.C. 552). The Secretary's regulations, as implemented by the regulations in this part, govern the availability of the records of NAD to the public.
7:7:1.1.1.1.14.3.29.2 7 Agriculture     11 PART 11—NATIONAL APPEALS DIVISION C Subpart C—Availability of Information to the Public   § 11.31 Public inspection and copying. USDA       Section 1.5 of this title requires that certain materials be made available by each USDA agency for public inspection and copying in accordance with 5 U.S.C. 522(a)(2). Members of the public wishing to gain access to these NAD records should write to the appropriate address shown in appendix A of this subpart.
7:7:1.1.1.1.14.3.29.3 7 Agriculture     11 PART 11—NATIONAL APPEALS DIVISION C Subpart C—Availability of Information to the Public   § 11.32 Initial requests for records. USDA       (a) Requests for NAD records should be in writing and addressed to the NAD official having custody of the records desired as indicated in § 11.22(d). Addresses are found in Appendix A of this subpart. In his or her petition, the requester may ask for a fee waiver if there is likely to be a charge for the requested information. The criteria for waiver of fees are found in section 6 of appendix A, subpart A of part 1 of this title. All requests for records shall be deemed to have been made pursuant to FOIA, regardless of whether FOIA is specifically mentioned. To facilitate processing of a request, the phrase “FOIA REQUEST” should be placed in capital letters on the front of the envelope. (b) A request must reasonably describe records to enable NAD personnel to locate them with reasonable effort. Where possible, a requester should supply specific information, such as dates, titles, appellant name or appeal number, that may help identify the records. If the request relates to a matter in pending litigation, the court and its location should be identified. (c) If NAD determines that a request does not reasonably describe the records, it shall inform the requester of this fact and extend the requester an opportunity to clarify the request or to confer promptly with knowledgeable NAD personnel to attempt to identify the records he or she is seeking. The “date of receipt” in such instances, for purposes of § 1.12(a) of this title, shall be the date of receipt of the amended or clarified request. (d) Nothing in this subpart shall be interpreted to preclude NAD from honoring an oral request for information, but if the requester is dissatisfied with the response, the NAD official involved shall advise the requester to submit a written request in accordance with paragraph (a) of this section. The “date of receipt” of such a request for purposes of § 1.12(a) of this title shall be the date of receipt of the written request. For recordkeeping purposes, the NAD official responding to an oral request for information may ask …
7:7:1.1.1.1.14.3.29.4 7 Agriculture     11 PART 11—NATIONAL APPEALS DIVISION C Subpart C—Availability of Information to the Public   § 11.33 Appeals. USDA       Any person whose initial FOIA request is denied in whole or in part may appeal that denial to the Director, National Appeals Division, U.S. Department of Agriculture, 3101 Park Center Drive, Suite 1113, Alexandria, Virginia 22302. The Director will make the final determination on the appeal.

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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);
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