7 C.F.R. § 780.7

Reconsideration

Read at: eCFRecfr.gov CornellLII GovInfogovinfo.gov CasesGoogle Scholar

(a) A request for reconsideration must be submitted in writing by a participant or by a participant's authorized representative and addressed to the FSA decision maker as will be instructed in the adverse decision notification.

(b) A participant's right to request reconsideration is waived if, before requesting reconsideration, a participant:

(1) Has requested and begun mediation of the adverse decision;

(2) Has appealed the adverse decision to a higher reviewing authority in FSA; or

(3) Has appealed to NAD.

(c) Provided a participant has not waived the right to request reconsideration, FSA will consider a request for reconsideration of an adverse decision under these rules except when a request concerns a determination of NRCS appealable under the procedures in § 780.11, the decision has been mediated, the decision has previously been reconsidered, or the decision-maker is the Administrator, Deputy Administrator, or other FSA official outside FSA's informal appeals process.

(d) A request for reconsideration will be deemed withdrawn if a participant requests mediation or appeals to a higher reviewing authority within FSA or requests an appeal by NAD before a request for reconsideration has been acted upon.

(e) The Federal Rules of Evidence do not apply to reconsiderations. Proceedings may be confined to presentations of evidence to material facts, and evidence or questions that are irrelevant, unduly repetitious, or otherwise inappropriate may be excluded.

(f) The official decision on reconsideration will be the decision letter that is issued following disposition of the reconsideration request.

(g) A decision on reconsideration is a new decision that restarts applicable time limitations periods under § 780.15 and part 11 of this title.

[70 FR 43266, July 27, 2005, as amended at 71 FR 30573, May 30, 2006]

Notes of Decisions

Cited in 6 cases, 1994–2018 · leading case: Bean v. Perdue, 316 F. Supp. 3d 220 (D.C. Cir. 2018).

Sort: Relevance Newest Treatment

Bean v. Perdue, 316 F. Supp. 3d 220 (D.C. Cir. 2018). · cites it 3× “" 7 C.F.R. § 780.7 (f) (emphasis added). Section 780 also provides that "[t]o the extent practicable, no later than 10 business days after an agency decision maker renders an adverse decision that affects a participant, FSA will provide the participant written notice of the…”

Don Olenhouse v. Commodity Credit Corp., 42 F.3d 1560 (10th Cir. 1994). “The gist of the Farmers’ contentions is the agency failed to conduct the appeals process in a manner most likely to obtain the necessary facts, violating their right to a fair hearing and resulting in a decision both arbitrary and capricious. Id. at 30. We agree. Wheat Program…”

Van Trinh v. United States Sec'y of Agric., 395 F. Supp. 2d 1259 (Ct. Intl. Trade 2005). · cites it 2× “505 7 for *1263 authorization to obtain reconsideration and review of determinations made in accordance with appeal regulations at 7 C.F.R. § 780.7 (e), which “provides that nothing in this part prohibits a participant from filing an appeal .”

Cottrell v. United States, 71 Fed. Cl. 559 (Fed. Cl. 2006). “” 7 C.F.R. § 780.7 (1996) describes the established administrative appeal procedures.”

Carpenter's Produce v. Mary Ann Arnold etc., 189 F.3d 686 (8th Cir. 1999). “See 7 C.F.R. § 780.7 . In addition to the regulatory remedies available, Congress provided for several other levels of review.”

Bean v. Vilsack (D.D.C. 2018). “7 C.F.R. §§ 780.7 (f), 780.15(a); see also 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.