U.S. Code » Title 7 » Chapter CHAPTER 98— DEPARTMENT OF AGRICULTURE REORGANIZATION › Subchapter SUBCHAPTER VIII— NATIONAL APPEALS DIVISION

7 U.S.C. § 6997

Division hearings

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(a) General powers of Director and hearing officers(1) Access to case record

The Director and hearing officer shall have access to the case record of any adverse decision appealed to the Division for a hearing.

(2) Administrative proceduresThe Director and hearing officer shall have the authority to require the attendance of witnesses, and the production of evidence, by subpoena and to administer oaths and affirmations. Except to the extent required for the disposition of ex parte matters as authorized by law—(A) an interested person outside the Division shall not make or knowingly cause to be made to the Director or a hearing officer who is or may reasonably be expected to be involved in the evidentiary hearing or review of an adverse decision, an ex parte communication (as defined in section 551(14) of title 5) relevant to the merits of the proceeding;(B) the Director and such hearing officer shall not make or knowingly cause to be made to any interested person outside the Division an ex parte communication relevant to the merits of the proceeding.(b) Time for hearing

Upon a timely request for a hearing under section 6996(b) of this title, an appellant shall have the right to have a hearing by the Division on the adverse decision within 45 days after the date of the receipt of the request for the hearing.

(c) Location and elements of hearing(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 and the Division.

(2) Evidentiary hearing

The evidentiary hearing before a hearing officer shall be in person, unless the appellant agrees to a hearing by telephone or by a review of the case record. The hearing officer shall not be bound by previous findings of fact by the agency in making a determination.

(3) Information at hearing

The hearing officer shall consider information presented at the hearing without regard to whether the evidence was known to the agency officer, employee, or committee making the adverse decision at the time the adverse decision was made. The hearing officer shall leave the record open after the hearing for a reasonable period of time to allow the submission of information by the appellant or the agency after the hearing to the extent necessary to respond to new facts, information, arguments, or evidence presented or raised by the agency or appellant.

(4) Burden of proof

The appellant shall bear the burden of proving that the adverse decision of the agency was erroneous.

(d) Determination notice

The hearing officer shall issue a notice of the determination on the appeal not later than 30 days after a hearing or after receipt of the request of the appellant to waive a hearing, except that the Director may establish an earlier or later deadline. If the determination is not appealed to the Director for review under section 6998 of this title, the notice provided by the hearing officer shall be considered to be a notice of an administratively final determination.

(e) Effective date

The final determination shall be effective as of the date of filing of an application, the date of the transaction or event in question, or the date of the original adverse decision, whichever is applicable.

(Pub. L. 103–354, title II, § 277, Oct. 13, 1994, 108 Stat. 3230.)
Notes of Decisions
Cited in 14 cases, 1996–2016 · leading case: Five Points Road Jt. Venture v. Johanns, 542 F.3d 1121 (7th Cir. 2008).
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Five Points Road Jt. Venture v. Johanns, 542 F.3d 1121 (7th Cir. 2008). · cites it 4× “7 U.S.C. § 6997 . The NAD statutes also meet the third section 554 requirement: that there *1126 be an opportunity for a hearing.”
Ali Padash v. Immigr. & Naturalization Serv., 358 F.3d 1161 (9th Cir. 2004). “, 7 U.S.C. § 6997 (d) (“[T]he notice provided by the hearing officer shall be considered to be a notice of an administratively final determination.”
Huff v. Vilsack, 195 F. Supp. 3d 343 (D.D.C. 2016). “7 U.S.C. § 6997 (d); see also Care Net Pregnancy Ctr.”
Aageson Grain & Cattle v. United States Dep't of Agric., 500 F.3d 1038 (9th Cir. 2007). · cites it 2× “Applying Portland Audubon, the NAD statutes require an adjudication ( 7 U.S.C. § 6997 ), on the record ( 7 U.S.”
Lane v. United States Dep't of Agric., 120 F.3d 106 (8th Cir. 1997). · cites it 9× “7 U.S.C. § 6997 . The NAD statute also meets the APA § 554 requirement that there be an opportunity for a hearing.”
Israel v. United States Dep't of Agric., 135 F. Supp. 2d 945 (W.D. Wis. 2001). “On December 9, 1999, an evi-dentiary hearing was held before Hearing Officer Benner pursuant to 7 U.S.C. § 6997 (c). At the hearing, plaintiffs testified about what Michael Drewiske and Ka-rolyn Corbett had told them about the recapture provision in the agreement.”
Kroskob v. United States Dep't of Agric., 378 F. App'x 827 (10th Cir. 2010). · cites it 3× “See 7 U.S.C. § 6997 (d) (designating an NAD hearing officer’s determination an “administratively final determination”); 7 U.”
Beard v. Glickman, 189 F. Supp. 2d 994 (C.D. Cal. 2001). “See 7 U.S.C. § 6997 ; 7 C.F.R. § 11.8 . Thus, without an Agency grant or denial of the Beards’ equitable relief claim, the Hearing Officer could only affirm, reverse or modify the original denial of the tract into the CRP and make a recommendation as to whether the Director…”
Lane v. United States Dep't of Agric., 929 F. Supp. 1290 (D.N.D. 1996). “For instance, the NAD statutes provide for hearings in the appellant’s state of residence ( 7 U.S.C. § 6997 (c)(1)). The APA does not address this detail.”
Bryant v. Sec'y, U.S. Dep't of Agric., 227 B.R. 89 (W.D. Va. 1998). “” 7 U.S.C.A. § 6997 (c)(2) (West Supp. 1998).”
Prokop v. United States Ex Rel. United States Dep't of Agric., 91 F. Supp. 2d 1301 (D. Neb. 2000). “3d 999 ; 7 U.S.C. § 6997 (c)(4) (“The appellant shall have the burden of proving that the adverse decision of the agency was erroneous.”
Five Points Road v. Johanns, Mike (7th Cir. 2008). · cites it 4× “7 U.S.C. § 6997 . The NAD statutes also meet the third section 554 requirement: that there be an opportunity for a hearing.”
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