7-U.S.C.-6992
§6992 – National Appeals Division and Director
Pathway
Title 7 > Chapter 98 > Subchapter VIII > Section 6992
Details
- Reference: Section 6992
- Legend: §6992 – National Appeals Division and Director
- USCode Year: 2013
Provision Content
(a) Establishment of Division
The Secretary shall establish and maintain an independent National Appeals Division within the Department to carry out this subchapter.
(b) Director
(1) Appointment
The Division shall be headed by a Director, appointed by the Secretary from among persons who have substantial experience in practicing administrative law. In considering applicants for the position of Director, the Secretary shall consider persons currently employed outside Government as well as Government employees.
(2) Term and removal
The Director shall serve for a 6-year term of office, and shall be eligible for reappointment. The Director shall not be subject to removal during the term of office, except for cause established in accordance with law.
(3) Position classification
The position of the Director may not be a position in the excepted service or filled by a noncareer appointee.
(c) Direction, control, and support
The Director shall be free from the direction and control of any person other than the Secretary. The Division shall not receive administrative support (except on a reimbursable basis) from any agency other than the Office of the Secretary. The Secretary may not delegate to any other officer or employee of the Department, other than the Director, the authority of the Secretary with respect to the Division.
(d) Determination of appealability of agency decisions
If an officer, employee, or committee of an agency determines that a decision is not appealable and a participant appeals the decision to the Director, the Director shall determine whether the decision is adverse to the individual participant and thus appealable or is a matter of general applicability and thus not subject to appeal. The determination of the Director as to whether a decision is appealable shall be administratively final.
(e) Division personnel
The Director shall appoint such hearing officers and other employees as are necessary for the administration of the Division. A hearing officer or other employee of the Division shall have no duties other than those that are necessary to carry out this subchapter.
(Pub. L. 103–354, title II, §272, Oct. 13, 1994, 108 Stat. 3229.)
U.S. Encyclopedia of Law Coverage
Subchapter IV – Food, Nutrition, and Consumer Services in the Legal Encyclopedia: Agriculture
In this entry about Subchapter IV – Food, Nutrition, and Consumer Services, find legal reference material, bibliographies and premiere content related to agriculture in the American Encyclopedia of Law, presenting a comprehensive view of the United States agriculture-specific issues, written by authorities in the field.
7-U.S.C.-6962A in the Legal Encyclopedia: Department of Agriculture Reorganization
In this entry about 7-U.S.C.-6962A, find legal reference material, bibliographies and premiere content related to department of agriculture reorganization in the American Encyclopedia of Law, presenting a comprehensive view of the United States department of agriculture reorganization-specific issues, written by authorities in the field.
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