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National Appeals Division (NAD): The National Appeals
Division of USDA was established by the
Department of Agriculture Reorganization Act of 1994 (Title
II of P.L. 103-354) to consolidate and improve the hearing procedures for USDA
claims and disputes. The statute and regulations provide that certain sections
of the Administrative Procedure Act (APA),
including the hearing requirements, do not apply to NAD proceedings. The NAD
procedures govern informal and formal hearings covering appeals of decisions
made by the rural development agencies, Natural Resources Conservation
Service, Risk Management Agency,
and the Farm Service Agency. The statute and
regulations set forth the procedures for hearings, requirements for the
presiding officers, requirements for communications between the decision-maker
and persons interested in the matter, and other important issues. After a
decision is made by a hearing officer, both the appellant and the agency have
the right to a review by the NAD director, who then issues a final
determination. The final determination of the NAD is reviewable and enforceable
by the U.S. District Court in accordance with the judicial review provisions of
the APA.
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