§ 6998. — Director review of determinations of hearing officers.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC6998]
TITLE 7--AGRICULTURE
CHAPTER 98--DEPARTMENT OF AGRICULTURE REORGANIZATION
SUBCHAPTER VIII--NATIONAL APPEALS DIVISION
Sec. 6998. Director review of determinations of hearing officers
(a) Requests for Director review
(1) Time for request by appellant
Not later than 30 days after the date on which an appellant
receives the determination of a hearing officer under section 6997
of this title, the appellant shall submit a written request to the
Director for review of the determination in order to be entitled to
a review by the Director of the determination.
(2) Time for request by agency head
Not later than 15 business days after the date on which an
agency receives the determination of a hearing officer under section
6997 of this title, the head of the agency may make a written
request that the Director review the determination.
(b) Determination of Director
The Director shall conduct a review of the determination of the
hearing officer using the case record, the record from the evidentiary
hearing under section 6997 of this title, the request for review, and
such other arguments or information as may be accepted by the Director.
Based on such review, the Director shall issue a final determination
notice that upholds, reverses, or modifies the determination of the
hearing officer. However, if the Director determines that the hearing
record is inadequate, the Director may remand all or a portion of the
determination for further proceedings to complete the hearing record or,
at the option of the Director, to hold a new hearing. The Director shall
complete the review and either issue a final determination or remand the
determination not later than--
(1) 10 business days after receipt of the request for review, in
the case of a request by the head of an agency for review; or
(2) 30 business days after receipt of the request for review, in
the case of a request by an appellant for review.
(c) Basis for determination
The determination of the hearing officer and the Director shall 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.
(d) Equitable relief
Subject to regulations issued by the Secretary, the Director shall
have the authority to grant equitable relief under this section in the
same manner and to the same extent as such authority is provided to the
Secretary under section 7996 of this title and other laws.
Notwithstanding the administrative finality of a final determination of
an appeal by the Division, the Secretary shall have the authority to
grant equitable or other types of relief to the appellant after an
administratively final determination is issued by the Division.
(e) Effective date
A final determination issued by the Director 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. 278, Oct. 13, 1994, 108 Stat. 3232;
Pub. L. 107-171, title I, Sec. 1613(j)(2), May 13, 2002, 116 Stat. 221.)
Amendments
2002--Subsec. (d). Pub. L. 107-171 substituted ``section 7996 of
this title'' for ``section 1339a of this title''.
Section Referred to in Other Sections
This section is referred to in sections 6997, 7996 of this title.
