§ 6992. — National Appeals Division and Director.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC6992]
TITLE 7--AGRICULTURE
CHAPTER 98--DEPARTMENT OF AGRICULTURE REORGANIZATION
SUBCHAPTER VIII--NATIONAL APPEALS DIVISION
Sec. 6992. National Appeals Division and Director
(a) Establishment of Division
The Secretary shall establish and maintain an independent National
Appeals Division within the Department to carry out this subchapter.
(b) Director
(1) Appointment
The Division shall be headed by a Director, appointed by the
Secretary from among persons who have substantial experience in
practicing administrative law. In considering applicants for the
position of Director, the Secretary shall consider persons currently
employed outside Government as well as Government employees.
(2) Term and removal
The Director shall serve for a 6-year term of office, and shall
be eligible for reappointment. The Director shall not be subject to
removal during the term of office, except for cause established in
accordance with law.
(3) Position classification
The position of the Director may not be a position in the
excepted service or filled by a noncareer appointee.
(c) Direction, control, and support
The Director shall be free from the direction and control of any
person other than the Secretary. The Division shall not receive
administrative support (except on a reimbursable basis) from any agency
other than the Office of the Secretary. The Secretary may not delegate
to any other officer or employee of the Department, other than the
Director, the authority of the Secretary with respect to the Division.
(d) Determination of appealability of agency decisions
If an officer, employee, or committee of an agency determines that a
decision is not appealable and a participant appeals the decision to the
Director, the Director shall determine 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. The determination
of the Director as to whether a decision is appealable shall be
administratively final.
(e) Division personnel
The Director shall appoint such hearing officers and other employees
as are necessary for the administration of the Division. A hearing
officer or other employee of the Division shall have no duties other
than those that are necessary to carry out this subchapter.
(Pub. L. 103-354, title II, Sec. 272, Oct. 13, 1994, 108 Stat. 3229.)
Section Referred to in Other Sections
This section is referred to in section 6902 of this title.
