C.F.R. » Title 7 » CHAPTER XVIII—RURAL HOUSING SERVICE, RURAL BUSINESS-COOPERATIVE SERVICE, AND RURAL UTILITIES SERVICE, DEPARTMENT OF AGRICULTURE › SUBCHAPTER H—PROGRAM REGULATIONS › PART 1900—GENERAL › Subpart B—Adverse Decisions and Administrative Appeals

7 C.F.R. § 1900.55

Adverse action procedures

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(a) If an applicant, guaranteed lender, a holder, borrower or grantee is adversely affected by a decision covered by this subpart, the decision maker will inform the participant of the adverse decision and whether the adverse decision is appealable. A participant has the right to request the Director of NAD to review the agency's finding of nonappealability in accordance with 7 CFR 11.6(a). In cases where the adverse decision is based on both appealable and nonappealable actions, the adverse action is not appealable.

(b) A participant affected by an adverse decision of an agency is entitled under section 275 of the Act to an opportunity for a separate informal meeting with the agency before commencing an appeal to NAD under 7 CFR part 11.

(c) Participants also have the right under section 275 of the Act to seek mediation involving any adverse decision appealable under this subpart if the mediation program of the State in which the participant's farming operation giving rise to the decision is located has been certified by the Secretary for the program involved in the decision. An agency shall cooperate in such mediation. Any time limitation for appeal will be stayed pending completion of the mediation process (7 CFR 11.5(c)).

Notes of Decisions
Cited in 5 cases, 1988–2001 · leading case: Green v. United States ex rel. Dep't of Agric., 8 F. Supp. 2d 983 (W.D. Mich. 1998).
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Green v. United States ex rel. Dep't of Agric., 8 F. Supp. 2d 983 (W.D. Mich. 1998). · cites it 2× “7 C.F.R. § 1900.55 (a). Examples of nonappealable decisions are set forth in § 1900.”
United States v. Warren Brown & Sons Farms, 868 F. Supp. 1129 (E.D. Ark. 1994). “Brown has never suggested that she was ever denied any of her administrative rights of appeal, see 7 C.F.R. § 1900.55 (a) (1993), and the exhibits accompanying Mr.”
Henry Boyd, Jr. v. United States, 861 F.2d 106 (5th Cir. 1988). “” 7 C.F.R. § 1900.55 (c) (1985). Thus, the decision maker can fulfill the requirements of § 1900.”
Coghlan v. Glickman, 241 F. Supp. 2d 643 (S.D. Miss. 2001). · cites it 2× “The NAD upheld the OGC’s finding that the decision could not be appealed because it was a non-discretionary finding under Title 7 C.F.R. § 1900.55 (a) (see footnote 11).”
Chamblee v. Espy, 100 F.3d 15 (4th Cir. 1996). “” 7 C.F.R. § 1900.55 (a) (1989). The regulations defined “[d]irectly and adversely affected” to “mean[ ] having a request for FmHA assistance denied in whole or in part.”
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