2011 US Code
Title 7 - Agriculture
Chapter 98 - DEPARTMENT OF AGRICULTURE REORGANIZATION (§§ 6901 - 7035)
Subchapter VIII - NATIONAL APPEALS DIVISION (§§ 6991 - 7002)
Section 6992 - National Appeals Division and Director
View Metadata| Publication Title | United States Code, 2006 Edition, Supplement 5, Title 7 - AGRICULTURE |
| Category | Bills and Statutes |
| Collection | United States Code |
| SuDoc Class Number | Y 1.2/5: |
| Contained Within | Title 7 - AGRICULTURE CHAPTER 98 - DEPARTMENT OF AGRICULTURE REORGANIZATION SUBCHAPTER VIII - NATIONAL APPEALS DIVISION Sec. 6992 - National Appeals Division and Director |
| Contains | section 6992 |
| Date | 2011 |
| Laws in Effect as of Date | January 3, 2012 |
| Positive Law | No |
| Disposition | standard |
| Source Credit | Pub. L. 103-354, title II, §272, Oct. 13, 1994, 108 Stat. 3229. |
| Statutes at Large Reference | 108 Stat. 3229 |
| Public Law Reference | Public Law 103-354 |
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The Secretary shall establish and maintain an independent National Appeals Division within the Department to carry out this subchapter.
(b) Director (1) AppointmentThe 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 removalThe 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 classificationThe position of the Director may not be a position in the excepted service or filled by a noncareer appointee.
(c) Direction, control, and supportThe 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 decisionsIf 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 personnelThe 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.)
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