(a) The regulations in this part apply to the election and functions of the Farm Service Agency (FSA) county committees and the functions of FSA State committees (“county committees” and “State committees,” respectively). State and county committees will be under the general supervision of the FSA Administrator.
(b) State and county committees, and representatives and employees of those committees, do not have authority to modify or waive any of the provisions of this part.
(c) State committees will take any actions required by these regulations that have not been taken by a county committee. State committees will also:
(1) Correct, or require a county committee to correct, any action taken by such county committee that is not in accordance with this part, or
(2) Require a county committee to withhold taking any action that is not in accordance with this part.
(d) No provision or delegation to a State or county committee will preclude the FSA Administrator, or designee, from determining any question arising under this part, or from reversing or modifying any determination made by a State or county committee.
(e) These regulations will be administered in accordance with the Uniform Guidelines for Conducting FSA County Committee Elections.
(f) Unless specifically provided in this part, the Deputy Administrator, Field Operations, FSA (Deputy Administrator), is authorized to issue the official instructions and procedures referred to in this part to implement the provisions of this part.
(g) This part applies to the United States, its territories, and Puerto Rico.
Notes of Decisions
Don Olenhouse v. Commodity Credit Corp., 42 F.3d 1560 (10th Cir. 1994).
· cites it 2× “§ 590h(b) (fifth undesignated paragraph) (as amended) (function and election requirements); 7 C.F.R. §§ 7.1 (selection and functions, generally), 713.”
Louise J. Hamlet v. United States, 63 F.3d 1097 (Fed. Cir. 1995).
· cites it 2× “See 7 C.F.R. §§ 7.1 -.38 (1994). These published regulations set forth the rules for the selection and conduct of the ASCS state, county and community committees.”
Wheeler Cnty. Bd. of Tax Assessors v. Gilder, 568 S.E.2d 786 (Ga. Ct. App. 2002).
“See 16 USC §§ 590a; 590d; 7 CFR § 7.1 . Indeed, it appears to be within the discretion of the Secretary of Agriculture to discontinue the county ASC committees altogether.”
Jon Hedman v. Dep't of Agric., 915 F.2d 1552 (Fed. Cir. 1990).
“” 7 C.F.R. § 7.1 (d) (1990). The COC is to “[ejmploy the county executive director, subject to the standards and qualifications furnished by the State committee, to serve at the pleasure of the county committee.”
Guy v. Glickman, 945 F. Supp. 324 (D.D.C. 1996).
“590(h) (1994); 7 C.F.R. § 7.1 (1996); Id. § 1413.4; Id. § 1477.”
Huntsman Farms, Inc. v. Espy, 928 F. Supp. 1451 (E.D. Ark. 1996).
“7 C.F.R. § 7.1 . Decisions of the Deputy Administrator constitute final agency action and are subject only to judicial review.”
Lindsey Bros. v. Jones, 271 F. Supp. 933 (E.D. Ark. 1967).
“7 C.F.R. 7.1, et seq. It is argued that Section 7.”
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