
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 7USC6997]

 
                          TITLE 7--AGRICULTURE
 
          CHAPTER 98--DEPARTMENT OF AGRICULTURE REORGANIZATION
 
               SUBCHAPTER VIII--NATIONAL APPEALS DIVISION
 
Sec. 6997. Division hearings


(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 procedures

        The 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, Sec. 277, Oct. 13, 1994, 108 Stat. 3230.)

                  Section Referred to in Other Sections

    This section is referred to in sections 6996, 6998 of this title.
