Other Fields
Agency Scheme: 
USDAMINE0024
ADJUDICATION STRUCTURE
Hearing Level: Basic Structure
Name of Hearing Office (local name): 
Office of Deputy Chief for Programs
Name of Hearing Office (global name): 
Department of Agriculture: Office of Deputy Chief for Programs
Sub-Agency/Bureau/Division:: 
Natural Resources and Conservation Service (NRCS)
Hearing Officer #1 (Title): 
State Conservationist
Hearing Officer #2 (Title): 
Designee
Are administrative appeals permitted from final decisions at the hearing-level stage?: 
Yes (All Types of Cases)
Comments/Notes on Adjudication Structure: 

Very informal adjudication scheme for review of adverse decisions by the Natural Resources Conservation Service (NRCS) related to contracts with land users under the Rural Abandoned Mine Program. Adverse decisions may relate to: contract violations; contract termination; or payment adjustments.

State Conservationist issues a Notice of Possible Violation to land user setting forth the alleged violations. If the land user files an appeal, the State Conservationist designates a "hearing officer" (unspecified) to conduct a fact-finding hearing. The hearing officer issues a written report with recommendations to the State Conservationist, who issues a written decision. The State Conservationist's written decision is appealable to the NRCS Chief Conservationist.

PROCESS & PROCEDURE - General Information
Are private parties permitted to have representation at hearings?: 
Yes (All Types of Cases)
Who may serve as a private party representative?: 
Either
Is the agency permitted to have representation at hearings?: 
Yes (All Types of Cases)
Who may serve as an agency representative?: 
Either
Regulations/rules of practice for hearings (please include CFR citations): 
7 CFR Part 632
PROCESS & PROCEDURE - Pre-Hearing Procedure
Is discovery permitted by either party at the hearing-level stage?: 
No
Does the hearing officer have subpoena authority?: 
No
Are ex parte contacts prohibited?: 
No
Are parties provided notice of hearing?: 
Yes (All Types of Cases)
PROCESS & PROCEDURE - Hearing Procedure
What types of hearings are permitted at the hearing-level stage?: 
Written (Document-Only) Hearing
In-Person
How is the type of hearing selected: 
By Private Party
How many hearing officers preside at each hearing?: 
One
Is witness testimony permitted at hearings?: 
Yes
Can parties cross-examine witnesses?: 
Adjudication Officer Discretion
Can third-parties submit amicus briefs and/or evidence?: 
Adjudication Officer Discretion
Are hearings recorded and/or transcribed?: 
Only at Party Request
Are hearings open to the public?: 
Yes (Hearings Always Open/All Types of Cases)
PROCESS & PROCEDURE - Post-Hearing Procedure
Who typically drafts the decision at the hearing-level stage?: 
Other
If "Other," please specify (drafts): 
The "hearing officer" designated by the State Conservationist conducts a oral, fact-finding hearing. After the hearing, the hearing officer provides a written report setting forth findings, conclusions, and recommendations, along with a summary of the testimony (or transcript, if any). (See 7 CFR 632.42(d)(4))
Who has authority to issue final decisions?: 
Other
If "Other," please specify: 
NRCS State Conservationist
Do agency regulations or guidance provide time limits for issuance of final decisions?: 
No
Is judicial review available after issuance of a final decision?: 
No
PROCESS & PROCEDURE - Case Management
Are final decisions published and/or posted on the agency website?: 
No
Do agency regulations/rules of practice specify the contents of the administrative record at the hearing-level stage?: 
Yes (All Types of Cases)
If "Yes," please provide citation(s): 
7 CFR 632.42(e)
Do agency regulations/rules of practice provide for closure of the record at the hearing-level stage (subject to applicable exce: 
Yes (All Types of Cases)
If "Yes," please provide citation(s): 
7 CFR 632.42(e)
ADR: General Information
Is ADR available at one or more points during the hearing process?: 
No
Verified by Agency: 
Not verified