National Appeals Division
Encyclopedia
The National Appeals Division (NAD) of USDA was established by the Department of Agriculture Reorganization Act of 1994
(Title II of P.L. 103-354) to consolidate and improve the hearing procedures for USDA claims and disputes. The statute and regulations provide that certain sections of the Administrative Procedure Act
(APA) (P.L. 79-404, as amended), including the hearing requirements, do not apply to NAD proceedings. The NAD procedures govern informal and formal hearings covering appeals of decisions made by the rural development agencies, Natural Resources Conservation Service
, Risk Management Agency
, and the Farm Service Agency
. The statute and regulations set forth the procedures for hearings, requirements for the presiding officers, requirements for communications between the decision-maker and persons interested in the matter, and other important issues. After a decision is made by a hearing officer, both the appellant and the agency have the right to a review by the NAD director, who then issues a final determination. The final determination of the NAD is reviewable and enforceable
by the U.S. District Court in accordance with the judicial review provisions of the APA.
Department of Agriculture Reorganization Act of 1994
In the Department of Agriculture Reorganization Act of 1994 , Title II was designated the Department of Agriculture Reorganization Act of 1994 and gave the Secretary of Agriculture broad authority to reorganize USDA to achieve greater efficiency, effectiveness, and economy...
(Title II of P.L. 103-354) to consolidate and improve the hearing procedures for USDA claims and disputes. The statute and regulations provide that certain sections of the Administrative Procedure Act
Administrative Procedure Act
The Administrative Procedure Act , , is the United States federal law that governs the way in which administrative agencies of the federal government of the United States may propose and establish regulations. The APA also sets up a process for the United States federal courts to directly review...
(APA) (P.L. 79-404, as amended), including the hearing requirements, do not apply to NAD proceedings. The NAD procedures govern informal and formal hearings covering appeals of decisions made by the rural development agencies, Natural Resources Conservation Service
Natural Resources Conservation Service
The Natural Resources Conservation Service , formerly known as the Soil Conservation Service , is an agency of the United States Department of Agriculture that provides technical assistance to farmers and other private landowners and managers.Its name was changed in 1994 during the Presidency of...
, Risk Management Agency
Risk Management Agency
The Risk Management Agency of the U.S. Department of Agriculture helps producers manage their business risks through effective, market-based risk management solutions. RMA's mission is to promote, support, and regulate sound risk management solutions to preserve and strengthen the economic...
, and the Farm Service Agency
Farm Service Agency
The Farm Service Agency is the USDA agency into which were merged several predecessor agencies, including the Agricultural Stabilization and Conservation Service . The ASCS was, as the FSA is now, primarily tasked with the implementation of farm conservation and regulation laws around the country...
. The statute and regulations set forth the procedures for hearings, requirements for the presiding officers, requirements for communications between the decision-maker and persons interested in the matter, and other important issues. After a decision is made by a hearing officer, both the appellant and the agency have the right to a review by the NAD director, who then issues a final determination. The final determination of the NAD is reviewable and enforceable
by the U.S. District Court in accordance with the judicial review provisions of the APA.
External links
- http://www.nad.usda.gov
- http://www.gpo.gov/fdsys/pkg/CFR-2010-title7-vol1/pdf/CFR-2010-title7-vol1-part11.pdf National Appeals Division Rules of Procedure