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.
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
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.
The term “Director” means the Director of the 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.
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.
The term “participant” shall have the meaning given that term by the Secretary by regulation.
This subchapter, referred to in text, was in the original “this subtitle”, meaning subtitle H (§§ 271–283) of title II of Pub. L. 103–354, Oct. 13, 1994, 108 Stat. 3228, which enacted this subchapter, amended sections
5106 of this title and section
2202e of Title
12, Banks and Banking, and repealed sections
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.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.