§ 6997. — Division hearings.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC6997]
TITLE 7--AGRICULTURE
CHAPTER 98--DEPARTMENT OF AGRICULTURE REORGANIZATION
SUBCHAPTER VIII--NATIONAL APPEALS DIVISION
Sec. 6997. Division hearings
(a) General powers of Director and hearing officers
(1) Access to case record
The Director and hearing officer shall have access to the case
record of any adverse decision appealed to the Division for a
hearing.
(2) Administrative procedures
The Director and hearing officer shall have the authority to
require the attendance of witnesses, and the production of evidence,
by subpoena and to administer oaths and affirmations. Except to the
extent required for the disposition of ex parte matters as
authorized by law--
(A) an interested person outside the Division shall not make
or knowingly cause to be made to the Director or a hearing
officer who is or may reasonably be expected to be involved in
the evidentiary hearing or review of an adverse decision, an ex
parte communication (as defined in section 551(14) of title 5)
relevant to the merits of the proceeding;
(B) the Director and such hearing officer shall not make or
knowingly cause to be made to any interested person outside the
Division an ex parte communication relevant to the merits of the
proceeding.
(b) Time for hearing
Upon a timely request for a hearing under section 6996(b) of this
title, an appellant shall have the right to have a hearing by the
Division on the adverse decision within 45 days after the date of the
receipt of the request for the hearing.
(c) Location and elements of hearing
(1) Location
A hearing on an adverse decision shall be held in the State of
residence of the appellant or at a location that is otherwise
convenient to the appellant and the Division.
(2) Evidentiary hearing
The evidentiary hearing before a hearing officer shall be in
person, unless the appellant agrees to a hearing by telephone or by
a review of the case record. The hearing officer shall not be bound
by previous findings of fact by the agency in making a
determination.
(3) Information at hearing
The hearing officer shall consider information presented at the
hearing without regard to whether the evidence was known to the
agency officer, employee, or committee making the adverse decision
at the time the adverse decision was made. The hearing officer shall
leave the record open after the hearing for a reasonable period of
time to allow the submission of information by the appellant or the
agency after the hearing to the extent necessary to respond to new
facts, information, arguments, or evidence presented or raised by
the agency or appellant.
(4) Burden of proof
The appellant shall bear the burden of proving that the adverse
decision of the agency was erroneous.
(d) Determination notice
The hearing officer shall issue a notice of the determination on the
appeal not later than 30 days after a hearing or after receipt of the
request of the appellant to waive a hearing, except that the Director
may establish an earlier or later deadline. If the determination is not
appealed to the Director for review under section 6998 of this title,
the notice provided by the hearing officer shall be considered to be a
notice of an administratively final determination.
(e) Effective date
The final determination shall 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.
(Pub. L. 103-354, title II, Sec. 277, Oct. 13, 1994, 108 Stat. 3230.)
Section Referred to in Other Sections
This section is referred to in sections 6996, 6998 of this title.
