Other Fields
Agency Scheme: 
USDANADO0002
ADJUDICATION STRUCTURE
Hearing Level: Basic Structure
Name of Hearing Office (local name): 
National Appeals Division
Name of Hearing Office (global name): 
Department of Agriculture: National Appeals Division
Sub-Agency/Bureau/Division:: 
Departmental Management
Hearing Officer #1 (Title): 
Hearing Officer
Hearing Officer #2 (Title): 
N/A
Are administrative appeals permitted from final decisions at the hearing-level stage?: 
Yes (All Types of Cases)
Comments/Notes on Adjudication Structure: 

The National Appeals Division (NAD) was established by the Secretary in 1994 pursuant to statutory directive (Federal Crop Insurance Reform and Department of Agriculture Reorganization Act) to, among other things, consolidate appellate operations from eight different agencies within USDA. The NAD Director reports directly to the Secretary. NAD provides independent hearings and reviews adverse agency decisions related to informal adjudications. Generally, persons who receive adverse program decisions from the Farm Service Agency, Risk Management Agency, Natural Resources Conservation Service, or the three Rural Development agencies may file an appeal with NAD. Procedural rules are set forth 7 CFR Part 11, Subpart A.

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 11, Subpart A; see also 7 USC 6991 - 7002. Other supplementary rules apply to certain types of cases.
Other published guidance for hearings (if any): 
The National Appeals Division Guide (Oct. 2008) (posted on NAD's website
PROCESS & PROCEDURE - Pre-Hearing Procedure
Is discovery permitted by either party at the hearing-level stage?: 
Yes (Some Types of Cases)
Briefly describe the scope and type(s) of discovery available (e.g., depositions, interrogatories, etc.): 
The parties may agree among themselves to engage in discovery, but the Hearing Officer cannot compel discovery. Discovery may include depositions (testimony given outside the hearing under oath), interrogatories (written questions and answers), and document requests. When appropriate, appellant-requested agency witnesses will be made available. Otherwise, with the Director’s concurrence, the Hearing Officer may issue subpoenas for witnesses and documents.
Does the hearing officer have subpoena authority?: 
Yes (All Types of Cases)
Are ex parte contacts prohibited?: 
Yes (All Types of Cases)
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
Phone
How is the type of hearing selected: 
By Private Party
Please describe: 
Appellants have the right to an oral (evidentiary) hearing upon request. Testimony required by subpoena may be presented in person or telephonically at the discretion of the Hearing Officer. In person hearings are conducted in the state of residence of the appellant, or at a location otherwise convenient to the appellant, NAD, and the USDA agency involved in the case. (7 CFR 11.8)
How many hearing officers preside at each hearing?: 
One
Is witness testimony permitted at hearings?: 
Varies by Case
If "Varies by Case," please describe: 
Witness testimony is permitted in in-person hearings. This question is not applicable to document-only hearings.
Can parties cross-examine witnesses?: 
Varies by Case
If "Varies by Case," please describe: 
Cross examination is permitted in in-person hearings. This question is not applicable to document-only hearings.
Can third-parties submit amicus briefs and/or evidence?: 
Yes
Are hearings recorded and/or transcribed?: 
Yes
Only at Party Request
N/A (Document-Only Hearings)
PROCESS & PROCEDURE - Post-Hearing Procedure
Who has authority to issue final decisions?: 
Adjudication Officer
Do agency regulations or guidance provide time limits for issuance of final decisions?: 
Yes (All Types of Cases)
If "Yes," please specify these time limit(s): 
The Hearing officer required to issue a notice of determination within 30 days of hearing or record closure or within 45 days if case heard by written record only. (7 CFR § 11.8(f)).
Is judicial review available after issuance of a final decision?: 
Yes (All Types of Cases)
PROCESS & PROCEDURE - Case Management
Does the agency permit web-based electronic filing of hearing-related briefs or other documents?: 
Yes
Are final decisions published and/or posted on the agency website?: 
Yes (All Decisions)
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): 
The National Appeals Division Guide (dated Oct. 2008) - Section II (definitions).
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 11.8(c)(7)
PROCESS & PROCEDURE - Comments
Comments/Notes on Hearing-Level Process & Procedures (Optional): 
*Transparency: Per President Obama's memorandum on Transparency and Open Government (Jan. 2013), NAD posts all notices of determination (redacted as needed) in a searchable format on its website. In July 2014, NAD also added a mobile interface that can be accessed via smartphone. *Participation by Third-Parties: NAD rules of practice define "interested parties" and "third parties" for purposes of participation in NAD proceedings. See 7 CFR 11.15. *Hearing Recording/Transcription: An official record of each NAD hearing is made by by an official tape recording by the Division. Parties may also at their own expense request that a transcript be made of the hearing as follows: "[E]ither party may request that a verbatim transcript be made of the hearing proceedings and that such transcript shall be made the official record of the hearing. The party requesting a verbatim transcript shall pay for the transcription service, shall provide a certified copy of the transcript to the Hearing Officer free of charge, and shall allow any other party desiring to purchase a copy of the transcript to order it from the transcription service." (7 CFR 11.8(c)(5)(iii))
ADR: General Information
Is ADR available at one or more points during the hearing process?: 
Yes
If "Yes," when is ADR available?: 
Before Claim/Case Filed
Pre-Hearing
Is ADR a mandatory or voluntary process?: 
Mandatory
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; see also 7 CFR Parts 614, 780, subpart B.
Other published guidance on ADR process (if any):: 
The National Appeals Division Guide (dated Oct. 2008) (posted on NAD's website).
Comments/Notes on ADR Process (Optional): 
Informal review of adverse decisions by Farm Service Agency employee or employer of county area committee is mandatory before NAD will accept appeal. All other types of cases permit optional informal review. (See 7 CFR 11.5(a)-(b).
Verified by Agency: 
Verified