Adverse decision
The term “adverse decision” means an administrative decision made by an officer, employee, or committee of an agency that is adverse to a participant. The term includes a denial of equitable relief by an agency or the failure of an agency to issue a decision or otherwise act on the request or right of the participant. The term does not include a decision over which the Board of Contract Appeals has jurisdiction.
Agency
Appellant
The term “appellant” means a participant who appeals an adverse decision in accordance with this subchapter.
Case record
The term “case record” means all the materials maintained by the Secretary related to an adverse decision.
Director
The term “Director” means the Director of the Division.
Division
The term “Division” means the National Appeals Division established by this chapter.
Hearing officer
The term “hearing officer” means an individual employed by the Division who hears and determines appeals of adverse decisions by any agency.
Implement
The term “implement” refers to those actions necessary to effectuate fully and promptly a final determination of the Division not later than 30 calendar days after the effective date of the final determination.
Participant
The term “participant” shall have the meaning given that term by the Secretary by regulation.
Pub. L. 103–354, title II, § 271108 Stat. 3228Pub. L. 115–334, title XII132 Stat. 4975(, , ; , §§ 12404(b)(2), 12410(c)(2)(B), , , 4978.)
Editorial Notes
References in Text
Pub. L. 103–354108 Stat. 3228section 2202e of Title 12This subchapter, referred to in text, was in the original “this subtitle”, meaning subtitle H (§§ 271–283) of title II of , , , which enacted this subchapter, amended sections 2006 and 5101 to 5106 of this title and , Banks and Banking, and repealed sections 1433e and 1983b of this title.
Pub. L. 103–354108 Stat. 3209section 6901 of this titleThis chapter, referred to in par. (6), was in the original “this title”, meaning title II of , , , known as the Department of Agriculture Reorganization Act of 1994. For complete classification of title II to the Code, see Short Title note set out under and Tables.
Amendments
Pub. L. 115–334, § 12404(b)(2)2018—Par. (2)(A). , substituted “Farm” for “Consolidated Farm” in two places.
Pub. L. 115–334, § 12410(c)(2)(B)section 6936(b) of this titlesection 6962(b) of this titlePar. (2)(F). , substituted “” for “”.