C.F.R. » Title 7 » CHAPTER VII—FARM SERVICE AGENCY, DEPARTMENT OF AGRICULTURE › SUBCHAPTER D—SPECIAL PROGRAMS › PART 780—APPEAL REGULATIONS

7 C.F.R. § 780.4

Applicability

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(a)(1) Except as provided in other regulations, this part applies to decisions made under programs and by agencies, as set forth herein:

(i) Decisions in programs administered by FSA to make, guarantee or service farm loans set forth in chapters VII and XVIII of this title relating to farm loan programs;

(ii) Decisions in those domestic programs administered by FSA on behalf of CCC through State and county committees, or itself, which are generally set forth in chapters VII and XIV of this title, or in part VII relating to conservation or commodities;

(iii) Appeals from adverse decisions, including technical determinations, made by NRCS under title XII of the Food Security Act of 1985, as amended;

(iv) Penalties assessed by FSA under the Agricultural Foreign Investment Disclosure Act of 1978, 5 U.S.C. 501 et seq.;

(v) Decisions on equitable relief made by a State Executive Director or State Conservationist pursuant to section 1613 of the Farm Security and Rural Investment Act of 2002, Pub. L. 107-171; and

(vi) Other programs to which this part is made applicable by specific program regulations or notices in the Federal Register.

(2) The procedures contained in this part may not be used to seek review of statutes or regulations issued under Federal law or review of FSA's generally applicable interpretations of such laws and regulations.

(3) For covered programs, this part is applicable to any decision made by an employee of FSA or of its State and county committees, CCC, the personnel of FSA, or CCC, and by the officials of NRCS to the extent otherwise provided in this part, and as otherwise may be provided in individual program requirements or by the Secretary.

(b) With respect to matters identified in paragraph (a) of this section, participants may request appealability review, reconsideration, mediation, or appeal under the provisions of this part, of decisions made with respect to:

(1) Denial of participation in a program;

(2) Compliance with program requirements;

(3) Issuance of payments or other program benefits to a participant in a program; and

(4) Determinations under Title XII of the Food Security Act of 1985, as amended, made by NRCS.

(c) Only a participant directly affected by a decision may seek administrative review under § 780.5(c).

Notes of Decisions
Cited in 9 cases, 1967–1992 · leading case: Olenhouse v. Commodity Credit Corp., 136 F.R.D. 672 (D. Kan. 1991).
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Olenhouse v. Commodity Credit Corp., 136 F.R.D. 672 (D. Kan. 1991). “7 C.F.R. §§ 780.4 , 780.5 (1991). At the informal hearing, the producer or his representative is to be given “a full opportunity to present facts and information relevant to the matter in issue and may present oral or documentary evidence.”
Franz Penner Merle Doughty Howard Pehle Gary Kesler v. Edward Madigan, Sec'y of the United States Dep't of Agric. Morris Westfall, 974 F.2d 993 (8th Cir. 1992). “See 7 C.F.R. §§ 780.4 , 780.5. In determining established yields in Missouri during the 1981-1985 period, ASCS did not calculate separate irrigated and non-irrigated yields, as it did in at least seven other States.”
Fed. Land Bank of Columbia v. Shepard, 646 F. Supp. 1145 (M.D. Ga. 1986). “7 C.F.R. §§ 780.4 , 780.5. Shepard also has the alternative of expediting this process by appealing directly to the national A.”
Haupricht Bros. v. United States, 11 Cl. Ct. 369 (Ct. Cl. 1986). “If the farmer was dissatisfied with the determination of the county committee on the application, he could then obtain a review of such determination by appealing to the State Agricultural Stabilization and Conservation Committee (state committee) for the State in which the land…”
Garvey v. Freeman, 397 F.2d 600 (10th Cir. 1968). “3, and an appeal to and informal hearing by the State Committee, 7 C.F.R. 780.4 and by the Deputy Administrator — a departmental officer, 7 C.”
United States v. James W. Blackwell & Everett Blackwell, 467 F.2d 1377 (5th Cir. 1972). “See 7 CFR 780.4 and 780.5. The district court granted the motion and entered judgment against James W.”
Olenhouse v. Commodity Credit Corp., 807 F. Supp. 688 (D. Kan. 1992). “7 C.F.R. 780.4 & 780.5 (1987). The reviewing authority shall prepare a written record containing a clear statement of the facts found by the reviewing authority.”
Garvey v. Freeman, 263 F. Supp. 573 (D. Colo. 1967). “State Committee) and from the State Committee to the Deputy Administrator ( 7 C.F.R. § 780.4 and 780.5). The County Committee is directed to determine the normal yield for any farm on the basis of its actual production records, if they are available and reliable.”
Garvey v. Freeman, 397 F.2d 600 (10th Cir. 1968). “3, and an appeal to and informal hearing by the State Committee, 7 C.F.R. 780.4 and by the Deputy Administrator a departmental officer, 7 C.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.