7 U.S.C. § 6996
Right of participants to Division hearing
Subject to subsection (b), a participant shall have the right to appeal an adverse decision to the Division for an evidentiary hearing by a hearing officer consistent with section 6997 of this title.
To be entitled to a hearing under section 6997 of this title, a participant shall request the hearing not later than 30 days after the date on which the participant first received notice of the adverse decision.
Notes of Decisions
Cited in 17
cases, 1996–2017 · leading case: Aageson Grain & Cattle v. United States Department of Agriculture
Aageson Grain & Cattle v. United States Department of Agriculture (2007)
“” 7 U.S.C. § 6996 (a). The requirements for conducting an NAD hearing are controlled by § 6997(c), which provides: (1)Location A hearing on an adverse decision shall be held in the State of residence of the appellant or at a location that is otherwise convenient to the appellant…”
Five Points Road Joint Venture v. Johanns (2008)
“The hearing officer and interested parties are prohibited from ex parte communications.”
Bartlett v. United States Department of Agriculture (2013)
“See 7 U.S.C. § 6996 ; 7 C.F.R. §§ 11.1 ; 11.6; 11.”
Madison v. United States (2011)
“See 7 U.S.C. § 6996 (a). This court has no jurisdiction over an appeal of a denial by the National Appeals Division.”
Allied Home Mortgage Capital Corp. v. United States (2010)
“See 7 U.S.C. § 6996 (a). The statute states: (a) Appeal to Division for hearing Subject to subsection (b) of this section, a participant shall have the right to appeal an adverse decision to the Division for an evidentiary hearing by a hearing officer consistent with section…”
Enterprise National Bank v. Vilsack (2009)
“See 7 U.S.C. § 6996 (a) (right to appeal adverse decision to Division); 7 C.”
Enterprise National Bank v. Johanns (2008)
“Decisions by the Agency to reduce, deny, or dishonor B & I program guarantees are appealable to the National Appeals Division (NAD) pursuant to 7 U.S.C. § 6996 and 7 C.F.R. § 11.3 . The Bank filed an appeal with the NAD, whose Hearing Officer upheld the Agency’s determinations…”
Harts v. Johanns (2006)
“7 U.S.C § 6996(b). The letter incorrectly informed Plaintiff that he had 30 days from the date of the letter to appeal the recapture amount and appraisal to the NAD.”
Bentley v. Glickman (1999)
“7 U.S.C.A. § 6996 (a) (West Supp.1998). An adverse decision by the hearing officer can be appealed to the Director of the NAD.”
Adkins v. Vilsack (2017)
“When Plaintiffs filed their reply brief (doc. 29) this appeal became ripe.”
Lane v. United States Department of Agriculture (1996)
“…decision to the Division for an evidentiary hearing by a hearing officer consistent with section 6997 of this title.” 7 U.S.C. § 6996 (a). Section 6997 sets out certain procedural requirements for such hearings, including the time and place of hearing (§§ 6997(b) & (c)(1)),…”
Lane v. United States Department of Agriculture (1997)
“§ 6997 (a)(2). The hearing officer and outside parties are prohibited from ex parte communications.”
— 7 U.S.C. § 6996(b) — 1 case
Harts v. Johanns (2006)
“7 U.S.C § 6996(b). The letter incorrectly informed Plaintiff that he had 30 days from the date of the letter to appeal the recapture amount and appraisal to the NAD.”
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