§ 6991. — Definitions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC6991]
TITLE 7--AGRICULTURE
CHAPTER 98--DEPARTMENT OF AGRICULTURE REORGANIZATION
SUBCHAPTER VIII--NATIONAL APPEALS DIVISION
Sec. 6991. Definitions
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 Consolidated Farm Service Agency (or other office,
agency, or administrative unit of the Department assigned the
functions authorized for the Consolidated 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 6962(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.
(Pub. L. 103-354, title II, Sec. 271, Oct. 13, 1994, 108 Stat. 3228.)
References in Text
This subchapter, referred to in text, was in the original ``this
subtitle'', meaning subtitle H (Secs. 271-283) of title II of Pub. L.
103-354, Oct. 13, 1994, 108 Stat. 3228, which enacted this subchapter,
amended sections 2006 and 5101 to 5106 of this title and section 2202e
of Title 12, Banks and Banking, and repealed sections 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.
