Other Fields
Agency Scheme: 
USDANADO0002
Level: 
Appeal Level One
ADJUDICATION STRUCTURE
Appeals: Basic Structure
Appeal Office (local name): 
National Appeals Division
Appeal Office (global name): 
Department of Agriculture: National Appeals Division
Sub-Agency/Bureau/Division:: 
Departmental Management
Appeal Officer #1 (Title): 
Director
Appeal Officer #2 (Title): 
Appeals Officer
Are administrative appeals permitted from final decisions issued by this appellate office?: 
No
Comments/Notes on Adjudication Structure: 
Appellate review by the Director of the National Appeals Division of requests for review by private appellants of determinations by NAD Hearing Officers relating to the program activities or decisions of certain statutorily-specified agencies within USDA, as well as such other administrative appeals arising from decisions of other USDA agencies as designated by the Secretary. NAD appeals involve program decisions of the following USDA agencies: Farm Service Agency; Risk Management Agency; Natural Resources Conservation Service; Rural Business-Cooperative Development Service; Rural Housing Service; and the Rural Utilities Service. Rules of practice for NAD Director review are set forth in 7 CFR 11.9 - 11.15.
PROCESS & PROCEDURE - General Information
Which party (or parties) is/are permitted to file appeals with this office?: 
Private Party
Are private parties permitted to have representation at appeal hearings?: 
Yes (All Types of Cases)
Who may serve as a private party representative?: 
Either
Is the agency permitted to have representation at appeal hearings?: 
Yes (All Types of Cases)
Who may serve as an agency representative?: 
Either
Are ex parte contacts prohibited?: 
Yes (All Types of Cases)
Regulations/rules of practice for appeal hearings (please include CFR citations): 
7 CFR 11.9 - 11.15
Other published guidance for appeal hearings (if any): 
The National Appeals Division Guide (Oct. 2008) (posted on NAD's website)
PROCESS & PROCEDURE - Hearing Procedure
What types of hearings are permitted on appeals adjudicated by this office?: 
Written (Document-Only) Hearing
Please provide the approximate percentage of each type of hearing relative to the total number of appeal hearings (FY2013)
Written (Document-Only) Hearing: 
100%
How is the type of hearing selected for appeals heard by this office?: 
Required by Rule
How many appeal officers preside at each hearing?: 
One
Is factual development permitted at the appellate hearing as a means of supplementing the record from below?: 
No
Can third-parties submit amicus briefs and/or evidence?: 
Adjudication Officer Discretion
Are appeal hearings recorded and/or transcribed?: 
N/A (Document-Only Hearings)
Are appeal hearings open to the public?: 
N/A (Document-Only Hearing)
PROCESS & PROCEDURE - Post-Hearing Procedure
Who typically drafts final decisions on appellate cases adjudicated by this office?: 
Staff Attorney
If "Other/Varies by Case," please describe: 
The NAD Director is assisted in his/her appellate duties by a Supervisory Appeals Officer and Appeals Officers who, among other duties, research and draft written determinations.
Who has authority to issue final decisions on appellate cases adjudicated by this office?: 
Adjudication Officer
Do agency regulations or guidance provide time limits for issuance of final decisions on appellate cases?: 
Yes (All Types of Cases)
If "Yes," please specify these time limit(s): 
The NAD Director (or delegee) is required to issue final determination or remand decision not later than 10 business days for agency appeals or not later than 30 business days for appeals by private parties. (7 CFR 11.9(a)).
Is judicial review available after issuance of a final decision on appellate cases adjudicated by this office?: 
Yes (All Types of Cases)
PROCESS & PROCEDURE - Case Management
Does the agency permit web-based electronic filing of briefs or other documents in cases adjudicated by this appellate office?: 
Yes
Are final decisions issued by this appellate office published and/or posted on the agency website?: 
Yes (All Decisions)
Do agency regulations/rules of practice specify the contents of the administrative record on appeals heard by this office?: 
Yes (All Types of Cases)
If "Yes," please provide citation(s): 
7 CFR 11.9(d)(1))
Do agency regulations/rules of practice provide for closure of the record on appeals heard by this office?: 
Yes (All Types of Cases)
If "Yes," please provide citation(s): 
7 CFR 11.9(d)(1))
ADR: General Information
Is ADR available at one or more points for appellate cases heard by this office?: 
Yes
If "Yes," when is ADR available?: 
Before Claim/Case Filed
Pre-Hearing
Is ADR a mandatory or voluntary process?: 
Voluntary
What type(s) of ADR are available?: 
Mediation
Who conducts the ADR?: 
Third-Party Neutral
Regulations/rules of practice governing ADR process (please include CFR citations): 
7 CFR 11.5(c)
Comments/Notes on ADR Process (Optional): 
USDA/NAD uses a third-party mediator (University of Minnesota Extension - Farmer Lender program) (UME/FLP) for its ADR program, which receives USDA grand funds. The estimated cost per mediation was $384. See UME/FLP Annual Report FY 2013 USDA Agricultural Mediation Program.
ADR – Summary Statistics
Comments/Notes on ADR Statistics (Optional): 
Based on the UME/FLP annual report for FY2013, its mediation of NAD appeals had a 74% success rate as measured by those ending in an agreement among the parties (i.e., in FY2013, 28 of 38 closed cases resulted in an agreement). For FY2013 mediation statistics, see: http://www.extension.umn.edu/agriculture/farmer-lender-mediation/docs/ffy-2013-farmer-lender-mediation-program-report.pdf
Verified by Agency: 
Verified