Agency:
Scheme Nickname:
Post-decision admin review re: occupancy/use of NFS lands
Informal adjudication process that provides holders, operators, and solicited applicants with administrative (post-decisional) review of written Forest Service (FS) decisions involving written instruments authorizing occupancy or use of National Forest System lands and resources. (36 CFR Part 214). Cases generally address livestock grazing, minerals, or special uses. Cases must fall into one of the appeal categories listed in 36 CFR 214.4 to be reviewable.
Adjudication Levels:
| Level | Name of Office | Sub-Agency/Bureau/Division: | Are administrative appeals permitted from final decisions at this stage? |
|---|---|---|---|
Hearing Level | Forest Service | Yes (All Types of Cases) | |
Appeal Level 1 | Forest Service | No |
Comments/Notes on Adjudication Structure:
This adjudication scheme provides hearing-level review as of right, and one level of "discretionary" review solely at the discretion (and initiation) of FS officials. Adjudication structure follows the FS chain of command. First level appeals (i.e., hearing-level decisions) are adjudicated by the "Appeal Deciding Officer" who is the FS official one organizational level above the USDA official who issued the challenged initial decision (referred to as the "Responsible Official"). Discretionary appeals, if any, are adjudicated by the "Discretionary Reviewing Officer" who is, in turn, one organizational level above the Appeal Deciding Officer.
Types of Adjudication:
Type B
Verified by Agency:
Not verified
Is this a Major Adjudication:
No
