
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 7USC6992]

 
                          TITLE 7--AGRICULTURE
 
          CHAPTER 98--DEPARTMENT OF AGRICULTURE REORGANIZATION
 
               SUBCHAPTER VIII--NATIONAL APPEALS DIVISION
 
Sec. 6992. National Appeals Division and Director


(a) Establishment of Division

    The Secretary shall establish and maintain an independent National 
Appeals Division within the Department to carry out this subchapter.

(b) Director

                           (1) Appointment

        The Division shall be headed by a Director, appointed by the 
    Secretary from among persons who have substantial experience in 
    practicing administrative law. In considering applicants for the 
    position of Director, the Secretary shall consider persons currently 
    employed outside Government as well as Government employees.

                        (2) Term and removal

        The Director shall serve for a 6-year term of office, and shall 
    be eligible for reappointment. The Director shall not be subject to 
    removal during the term of office, except for cause established in 
    accordance with law.

                     (3) Position classification

        The position of the Director may not be a position in the 
    excepted service or filled by a noncareer appointee.

(c) Direction, control, and support

    The Director shall be free from the direction and control of any 
person other than the Secretary. The Division shall not receive 
administrative support (except on a reimbursable basis) from any agency 
other than the Office of the Secretary. The Secretary may not delegate 
to any other officer or employee of the Department, other than the 
Director, the authority of the Secretary with respect to the Division.

(d) Determination of appealability of agency decisions

    If an officer, employee, or committee of an agency determines that a 
decision is not appealable and a participant appeals the decision to the 
Director, the Director shall determine whether the decision is adverse 
to the individual participant and thus appealable or is a matter of 
general applicability and thus not subject to appeal. The determination 
of the Director as to whether a decision is appealable shall be 
administratively final.

(e) Division personnel

    The Director shall appoint such hearing officers and other employees 
as are necessary for the administration of the Division. A hearing 
officer or other employee of the Division shall have no duties other 
than those that are necessary to carry out this subchapter.

(Pub. L. 103-354, title II, Sec. 272, Oct. 13, 1994, 108 Stat. 3229.)

                  Section Referred to in Other Sections

    This section is referred to in section 6902 of this title.
