REG 7 CFR PART 11-2012 NATIONAL APPEALS DIVISION.pdf

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1、368 7 CFR Subtitle A (1112 Edition) 8.8 basis of materials, supplies, and simi-lar items bearing the 4-H Club Name or Emblem which originates with an orga-nization or individual not affiliated with the Cooperative Extension Service shall be brought to the attention of the Director of the National In

2、stitute of Food and Agriculture, United States Department of Agriculture, for ap-proval. (b) Reserved 50 FR 31582, Aug. 2, 1985, as amended at 60 FR 52293, Oct. 6, 1995; 76 FR 4803, Jan. 27, 2011 8.8 Use by public informational serv-ices. (a) In any advertisement, display, ex-hibit, visual and audio

3、-visual material, news release, publication in any form, radio and television program devoted in whole or in part to 4-H, the 4-H mes-sage or salute must be distinctly set apart from any commercial product message or reference. (b) Advertisements, news releases, publications in any form, visuals and

4、 audio-visuals, or displays in any form must not include actual or implied testimonials or endorsements of busi-ness firms, commercial products or services, either by 4-H Clubs, other 4-H organizations and affiliated groups, 4-H youth participants, volunteer 4-H lead-ers, the Cooperative Extension S

5、erv-ices, the land-grant institutions, USDA, or by any employees associated with any of the foregoing. Statements that a product is used or preferred to the exclusion of similar products are not permitted. (c) The granting of an authorization to a non-Extension affiliated agency, organization or ind

6、ividual, for produc-tion of films, visual and audio-visual materials, books, publications in any form, etc., is contingent upon approval of the initial proposal and subject to review of the script of the visual or audio-visual or draft of the publication when the draft is in the final working form.

7、8.9 Use in 4-H fund raising. (a) Fund-raising programs using the 4-H Name or Emblem may be carried out for specific educational purposes. Such fund-raising programs and use of the 4-H name and emblem on, or associ-ated with, products, and services for such purposes must have the approval of appropri

8、ate Cooperative Extension office, as follows: (1) Approval of the County Coopera-tive Extension Service, or the appro-priate land-grant institution, if the fund-raising program is confined to the area served by the County Cooperative Extension Service. (2) Approval of the State Cooperative Extension

9、 Service, or the appropriate land-grant institution, if the fund-rais-ing program is multi-county or State-wide. (3) Approval of the Director of the National Institute of Food and Agri-culture, United States Department of Agriculture, or a designee, if the fund- raising program is multi-State or Na-

10、tionwide. (b) When used to promote 4-H edu-cational programs, the 4-H Club name and emblem, subject to obtaining au-thorization as provided in these regula-tions, may be used on or associated with products and services sold in con-nection with 4-H fund-raising programs so long as no endorsement or t

11、he ap-pearance of an endorsement of a com-mercial firm, product or service is ei-ther intended or effected. Tributes to 4- H contained on or associated with commerical products or services, when such products or services are used for the fund-raising activities, are subject to the requirements of th

12、is paragraph. All moneys received from 4-H fund- raising programs, except those nec-essary to pay reasonable expenses, must be expended to further the 4-H educational programs. 52 FR 8432, Mar. 17, 1987, as amended at 60 FR 52293, Oct. 6, 1995; 76 FR 4803, Jan. 27, 2011 PARTS 910 RESERVED PART 11NAT

13、IONAL APPEALS DIVISION Subpart ANational Appeals Divison Rules of Procedures Sec. 11.1 Definitions. 11.2 General statement. 11.3 Applicability. 11.4 Other laws and regulations. VerDate Mar2010 11:10 Feb 02, 2012 Jkt 226012 PO 00000 Frm 00378 Fmt 8010 Sfmt 8010 Y:SGML226012.XXX 226012pmangrum on DSK3

14、VPTVN1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-369 Office of the Secretary, USDA 11.1 11.5 Informal review of adverse decisions. 11.6 Director review of agency determina-tion of appealability and right of partici-pants to Division

15、 hearing. 11.7 Ex parte communications. 11.8 Division hearings. 11.9 Director review of determinations of Hearings Officers. 11.10 Basis for determinations. 11.11 Reconsideration of Director deter-minations. 11.12 Effective date and implementation of final determinations of the Division. 11.13 Judic

16、ial review. 11.14 Filing of appeals and computation of time. 11.15 Participation of third parties and in-terested parties in Division proceedings. Subpart BOrganization And Functions 11.20 General statement. 11.21 Organization. 11.22 Functions. Subpart CAvailability of Information to the Public 11.3

17、0 General statement. 11.31 Public inspection and copying. 11.32 Initial request for records. 11.33 Appeals. APPENDIX A TO SUBPART CLIST OF AD-DRESSES AUTHORITY: 5 U.S.C. 301; Title II, Subtitle H, Pub. L. 103354, 108 Stat. 3228 (7 U.S.C. 6991 et seq.); Reorganization Plan No. 2 of 1953 (5 U.S.C. App

18、.). SOURCE: 64 FR 33373, June 23, 1999, unless otherwise noted. Subpart ANational Appeals Divison Rules of Procedures 11.1 Definitions. For purposes of this part: Adverse decision means an administra-tive decision made by an officer, em-ployee, or committee of an agency that is adverse to a particip

19、ant. The term includes a denial of equitable relief by an agency or the failure of an agency to issue a decision or otherwise act on the request or right of the participant within timeframes specified by agency program statutes or regulations or within a reasonable time if timeframes are not specifi

20、ed in such statutes or regulations. The term does not include a decision over which the Board of Con-tract Appeals has jurisdiction. Agency means: (1) The Commodity Credit Corpora-tion (CCC); (2) The Farm Service Agency (FSA); (3) The Federal Crop Insurance Cor-poration (FCIC); (4) The Natural Resou

21、rces Conserva-tion Service (NRCS); (5) The Risk Management Agency (RMA); (6) The Rural Business-Cooperative Service (RBS); (7) Rural Development (RD); (8) The Rural Housing Service (RHS); (9) The Rural Utilities Service (RUS) (but not for programs authorized by the Rural Electrification Act of 1936

22、or the Rural Telephone Bank Act, 7 U.S.C. 901 et seq.); (10) A State, county, or area com-mittee established under section 8(b)(5) of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590h (b)(5); and (11) Any predecessor or successor agency to the above-named agencies, and any other agenc

23、y or office of the Department which the Secretary may designate. Agency record means all the materials maintained by an agency related to an adverse decision which are submitted to the Division by an agency for con-sideration in connection with an appeal under this part, including all materials prep

24、ared or reviewed by the agency during its consideration and decision-making process, but shall not include records or information not related to the adverse decision at issue. All mate-rials contained in the agency record submitted to the Division shall be deemed admitted as evidence for pur-poses o

25、f a hearing or a record review under 11.8. Agency representative means any per-son, whether or not an attorney, who is authorized to represent the agency in an administrative appeal under this part. Appeal means a written request by a participant asking for review by the National Appeals Division of

26、 an ad-verse decision under this part. Appellant means any participant who appeals an adverse decision in accord-ance with this part. Unless separately set forth in this part, the term appel-lant includes an authorized represent-ative. VerDate Mar2010 11:10 Feb 02, 2012 Jkt 226012 PO 00000 Frm 00379

27、 Fmt 8010 Sfmt 8010 Y:SGML226012.XXX 226012pmangrum on DSK3VPTVN1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-370 7 CFR Subtitle A (1112 Edition) 11.1 Authorized representative means any person, whether or not an attorney, who is auth

28、orized in writing by a par-ticipant, consistent with 11.6(c), to act for the participant in an adminis-trative appeal under this part. The au-thorized representative may act on be-half of the participant except when the provisions of this part require action by the participant or appellant person-al

29、ly. Case record means all the materials maintained by the Secretary related to an adverse decision: The case record in-cludes both the agency record and the hearing record. Days means calendar days unless oth-erwise specified. Department means the United States Department of Agriculture (USDA). Dire

30、ctor means the Director of the Di-vision or a designee of the Director. Division means the National Appeals Division established by this part. Equitable relief means relief which is authorized under section 326 of the Food and Agriculture Act of 1962 (7 U.S.C. 1339a) and other laws adminis-tered by

31、the agency. Ex parte communication means an oral or written communication to any offi-cer or employee of the Division with respect to which reasonable prior no-tice to all parties is not given, but it shall not include requests for status re-ports, or inquiries on Division proce-dure, in reference t

32、o any matter or pro-ceeding connected with the appeal in-volved. Hearing, except with respect to 11.5, means a proceeding before the Division to afford a participant the opportunity to present testimony or documentary evidence or both in order to have a pre-vious determination reversed and to show w

33、hy an adverse determination was in error. Hearing Officer means an individual employed by the Division who conducts the hearing and determines appeals of adverse decisions by any agency. Hearing record means all documents, evidence, and other materials gen-erated in relation to a hearing under $11.8

34、. Implement means the taking of action by an agency of the Department in order fully and promptly to effectuate a final determination of the Division. Participant means any individual or entity who has applied for, or whose right to participate in or receive, a payment, loan, loan guarantee, or othe

35、r benefit in accordance with any program of an agency to which the reg-ulations in this part apply is affected by a decision of such agency. The term does not include persons whose claim(s) arise under: (1) Programs subject to various pro-ceedings provided for in 7 CFR part 1; (2) Programs governed

36、by Federal contracting laws and regulations (ap-pealable under other rules and to other forums, including to the Departments Board of Contract Appeals under 7 CFR part 24); (3) The Freedom of Information Act (appealable under 7 CFR part 1, subpart A); (4) Suspension and debarment dis-putes, includin

37、g, but not limited to, those falling within the scope of 7 CFR parts 1407 and 3017; (5) Export programs administered by the Commodity Credit Corporation; (6) Disputes between reinsured com-panies and the Federal Crop Insurance Corporation; (7) Tenant grievances or appeals pros-ecutable under the pro

38、visions of 7 CFR part 1944, subpart L, under the multi- family housing program carried out by RHS; (8) Personnel, equal employment op-portunity, and other similar disputes with any agency or office of the De-partment which arise out of the em-ployment relationship; (9) The Federal Tort Claims Act, 2

39、8 U.S.C. 2671 et seq., or the Military Per-sonnel and Civilian Employees Claims Act of 1964, 31 U.S.C. 3721; (10) Discrimination complaints pros-ecutable under the nondiscrimination regulations at 7 CFR parts 15, 15a, 15b, 15e, and 15f; or (11) Section 361, et seq., of the Agri-cultural Adjustment A

40、ct of 1938, as amended (7 U.S.C. 1361, et seq.) involv-ing Tobacco Marketing Quota Review Committees. Record review means an appeal con-sidered by the Hearing Officer in which the Hearing Officers determination is based on the agency record and other VerDate Mar2010 11:10 Feb 02, 2012 Jkt 226012 PO

41、00000 Frm 00380 Fmt 8010 Sfmt 8010 Y:SGML226012.XXX 226012pmangrum on DSK3VPTVN1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-371 Office of the Secretary, USDA 11.5 information submitted by the appel-lant and the agency, including info

42、r-mation submitted by affidavit or dec-laration. Secretary means the Secretary of Ag-riculture. 11.2 General statement. (a) This part sets forth procedures for proceedings before the National Ap-peals Division within the Department. The Division is an organization within the Department, subject to t

43、he general supervision of and policy direction by the Secretary, which is independent from all other agencies and offices of the Department, including Department officials at the state and local level. The Director of the Division reports di-rectly to the Secretary of Agriculture. The authority of t

44、he Hearing Officers and the Director of the Division, and the administrative appeal procedures which must be followed by program participants who desire to appeal an adverse decision and by the agency which issued the adverse decision, are included in this part. (b) Pursuant to section 212(e) of the

45、 Federal Crop Insurance Reform and De-partment of Agriculture Reorganiza-tion Act of 1994, Pub. L. 103354 (the Act), 7 U.S.C. 6912(e), program partici-pants shall seek review of an adverse decision before a Hearing Officer of the Division, and may seek further review by the Director, under the provi

46、sions of this part prior to seeking judicial re-view. 11.3 Applicability. (a) Subject matter. The regulations contained in this part are applicable to adverse decisions made by an agency, including, for example, those with re-spect to: (1) Denial of participation in, or re-ceipt of benefits under, a

47、ny program of an agency; (2) Compliance with program require-ments; (3) The making or amount of pay-ments or other program benefits to a participant in any program of an agen-cy; and (4) A determination that a parcel of land is a wetland or highly erodible land. (b) Limitation. The procedures con-ta

48、ined in this part may not be used to seek review of statutes or USDA regu-lations issued under Federal Law. 11.4 Other laws and regulations. (a) The provisions of the Administra-tive Procedure Act generally applica-ble to agency adjudications (5 U.S.C. 554557), and the Equal Access to Jus-tice Act (

49、5 U.S.C. 504) and its imple-menting regulations at 7 CFR part 1, subpart J, shall apply to proceedings under this part except for proceedings under 11.5 and 11.6(a). (b) The Federal Rules of Evidence, 28 U.S.C. App., shall not apply to pro-ceedings under this part. 64 FR 33373, June 23, 1999, as amended at 74 FR 57401, Nov. 6, 2009 11.5 Informal review of adverse deci-sions. (a) Required informal review of FSA ad-verse decisions. Except with res