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Title 7 — Agriculture

Chapter 98 — Department of Agriculture Reorganization

§ 6995. Informal hearings

Statutory text

(a)

In general

If an officer, employee, or committee of an agency makes an adverse decision, the agency shall hold, at the request of the participant, an informal hearing on the decision.

(b)

Farm Service Agency

With respect to programs carried out through the Farm Service Agency (or other office, agency, or administrative unit of the Department assigned to carry out the programs authorized for the Farm Service Agency under section 6932 of this title), the Secretary shall maintain the informal appeals process applicable to such programs, as in effect on .

(c)

Mediation

If a mediation program is available under title V of the Agricultural Credit Act of 1987 (7 U.S.C. 5101 et seq.) as a part of the informal hearing process, the participant shall—

(1)

be offered the right to choose such mediation; and

(2)

to the maximum extent practicable, be allowed to use both informal agency review and mediation to resolve disputes under that title.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Department of Agriculture Reorganization Act of 1994

    Pub. L. 103–354 title II § 275 · 108 Stat. 3178

    Enacted · 7 U.S.C. § 6995

    Pub. L. 103–354, title II, § 275, Oct. 13, 1994, 108 Stat. 3230

    Source evidence

    Code source credit
    Pub. L. 103–354, title II, § 275, Oct. 13, 1994, 108 Stat. 3230

    Enacted provision · exact public law section
    SEC. 275. INFORMAL HEARINGS. If an officer, employee, or committee of an agency makes an adverse decision, the agency shall hold, at the request of the participant, an informal hearing on the decision. With respect to programs carried out through the Consolidated Farm Service Agency (or other office, agency, or administrative unit of the Department assigned to carry out the programs authorized for the Consolidated Farm Service Agency under section 226), the Secretary shall maintain the informal appeals process applicable to such programs, as in effect on the date of the enactment of the subtitle. If a mediation program is available under title V of the Agricultural Credit Act of 1987 (7 U.S.C. 5101 et seq.) as a part of the informal hearing process, the participant shall be offered the right to choose such mediation.

  2. Food, Conservation, and Energy Act of 2008

    Pub. L. 110–246 § 12032 · 122 Stat. 1651

    1. Amended · 7 U.S.C. § 6995

      Pub. L. 110–246, § 12032, designated the three sentences of existing provisions as subsecs. (a) to (c), respectively

    2. Inserted · 7 U.S.C. § 6995

      Pub. L. 110–246, § 12032, inserted headings, and in subsec. (c) designated part of existing provisions as par. (1)

    3. Added · 7 U.S.C. § 6995

      Pub. L. 110–246, § 12032, added par. (2)

    Source evidence

    Code amendment note
    Pub. L. 110–246, § 12032, designated the three sentences of existing provisions as subsecs. (a) to (c), respectively, inserted headings, and in subsec. (c) designated part of existing provisions as par. (1) and added par. (2).

    Enacted provision · exact public law section
    SEC. 12032. CROP INSURANCE MEDIATION.   Section 275 of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6995) is amended— (1) by striking “If an officer” and inserting the following: “(a) In General.— If an officer” ; (2) by striking “With respect to” and inserting the following: “(b) Farm Service Agency.— With respect to” ; (3) by striking “If a mediation”; and inserting the following: “(c) Mediation.— If a mediation” ; and (4) in subsection (c) (as so designated)— (A) by striking “participant shall be offered” and inserting “participant shall— “(1) be offered” ; and (B) by striking the period at the end and inserting the following: “; and “(2) to the maximum extent practicable, be allowed to use both informal agency review and mediation to resolve disputes under that title.” .

    Effective date note
    Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of this title.

  3. Agriculture Improvement Act of 2018

    Pub. L. 115–334 title XII § 12404(b)(3) · 132 Stat. 4490

    Substituted · 7 U.S.C. § 6995(b)

    Pub. L. 115–334 substituted “Farm” for “Consolidated Farm” in two places

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 115–334 substituted “Farm” for “Consolidated Farm” in two places.

    Enacted provision · exact public law section
    (3) Section 275(b) of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6995(b)) is amended by striking “Consolidated Farm” each place it appears and inserting “Farm”.

5 of 5 references resolved to an enrolled provision

Editorial Notes

References in Text

The Agricultural Credit Act of 1987, referred to in subsec. (c), is Pub. L. 100–233, , 101 Stat. 1568. Title V of the Act is classified principally to chapter 82 (§ 5101 et seq.) of this title. For complete classification of this Act to the Code, see Short Title of 1988 Amendments note set out under section 2001 of Title 12, Banks and Banking, and Tables.

Codification

Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246.

Amendments2008–2018 · 2 rounds

2018

Subsec. (b). Pub. L. 115–334 substituted “Farm” for “Consolidated Farm” in two places.

2008

Pub. L. 110–246, § 12032, designated the three sentences of existing provisions as subsecs. (a) to (c), respectively, inserted headings, and in subsec. (c) designated part of existing provisions as par. (1) and added par. (2).

Statutory Notes and Related Subsidiaries

Effective Date of 2008 Amendment

Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective , the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of this title.

Credits

1994–2018 · 4 acts
  1. 1994Pub. L. 103–354, title II, § 275, , 108 Stat. 3230
  2. 2008Pub. L. 110–234, title XII, § 12032, , 122 Stat. 1391
  3. 2008Pub. L. 110–246, § 4(a), title XII, § 12032, , 122 Stat. 1664, 2153
  4. 2018Pub. L. 115–334, title XII, § 12404(b)(3), , 132 Stat. 4975.
Show as published

(Pub. L. 103–354, title II, § 275, , 108 Stat. 3230; Pub. L. 110–234, title XII, § 12032, , 122 Stat. 1391; Pub. L. 110–246, § 4(a), title XII, § 12032, , 122 Stat. 1664, 2153; Pub. L. 115–334, title XII, § 12404(b)(3), , 132 Stat. 4975.)

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USLM identifier /us/usc/t7/s6995