7 C.F.R. § 1900.56
Non-appealable decisions
The following are examples of decisions which are not appealable:
(a) Decisions which do not fall within the scope of this subpart as set out in § 1900.53.
(b) Decisions that do not meet the definition of an “adverse decision” under 7 CFR part 11.
(c) Decisions involving parties who do not meet the definition of “participant” under 7 CFR part 11.
(d) Decisions with subject matters not covered by 7 CFR part 11.
(e) Interest rates as set forth in agency procedures, except for appeals alleging application of an incorrect interest rate.
(f) The State RECD Director's refusal to request an administrative waiver provided for in agency program regulations.
(g) Denials of assistance due to lack of funds or authority to guarantee.
Notes of Decisions
Cited in 7
cases, 1983–1998 · leading case: Coleman v. Block, 580 F. Supp. 194 (D.N.D. 1984).
Coleman v. Block, 580 F. Supp. 194 (D.N.D. 1984). “7 C.F.R. § 1900.56 (a)(3). Such a system does not comport with basic procedural due process considerations.”
Coleman v. Block, 562 F. Supp. 1353 (D.N.D. 1983). “7 C.F.R. 1900.56(a)(3). The hearing then may be scheduled within 45 days of the request, 7 C.”
Joe B. Shaner & Cynthia K. Shaner v. United States of Am., 976 F.2d 990 (6th Cir. 1992). “When the Shaners’ emergency loan application was first denied in January 1982, FmHA provided them with a complete statement of their appeal rights as required under 7 C.F.R. § 1900.56 . After the July 1982 rejection, the notice to the Shan-ers was incomplete, omitting the…”
Green v. United States Ex Rel. Dep't of Agric., 8 F. Supp. 2d 983 (W.D. Mich. 1998). “7 C.F.R. § 1900.56 (b). An “adverse decision” is defined as “an administrative decision .”
Coleman v. Block, 632 F. Supp. 1005 (D.N.D. 1986). “45756 (1985) (to be codified at 7 C.F.R. § 1900.56 ). This court finds the two sections to be inconsistent: a refusal to incorporate releases for living and operating expenses into a plan for use of proceeds must be considered at least a partial denial of a request for FmHA…”
United States v. Larry D. Wiegman, 111 F.3d 74 (8th Cir. 1997). “He asked the Farmers Home Administration to consider the request for appeal timely in accordance with 7 C.F.R. § 1900.56 (a)(1) (1992), which allowed an appeal to proceed despite a late request if the delay was “beyond the appellant’s control or for other good reasons as…”
Derby v. Freeman (D.N.H. 1994). “7 C.F.R. 1900.56 requires: (a) When an applicant appeals a decision and requests a hearing, the appeal will be handled as follows: .”
— 7 C.F.R. § 1900.56(a)(3) — 1 case
Coleman v. Block, 562 F. Supp. 1353 (D.N.D. 1983). “7 C.F.R. 1900.56(a)(3). The hearing then may be scheduled within 45 days of the request, 7 C.”
— 7 C.F.R. § 1900.56(c)(3) — 1 case
Coleman v. Block, 562 F. Supp. 1353 (D.N.D. 1983). “7 C.F.R. 1900.56(a)(3). The hearing then may be scheduled within 45 days of the request, 7 C.”
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