Page:United States Statutes at Large Volume 104 Part 5.djvu/190

 104 STAT. 3512 PUBLIC LAW 101-624—NOV. 28, 1990 SEC. 1132. PRODUCER APPEALS PROCESS. (a) IN GENERAL. —Title IV of the Agricultural Act of 1949 (7 U.S.C. 1421 et seq.) is amended by adding at the end thereof the following new section: 7 USC 1433e. "SEC. 426. APPEALS. "(a) RIGHT TO APPEAL.— Any participant in any of the programs under this Act or any other Act administered by the Agricultural Stabilization and Conservation Service, or any successor agency in the United States Department of Agriculture (hereafter in this section referred to as the 'ASCS'), shall have the right to appeal any adverse determination made by any State or county committee established under section SQo) of the Soil Conservation and Domestic Allotment Act, by employees or agents of such committees, by other personnel of the ASCS, or by agents of the Commodity Credit Corporation under this Act or under any other Act administered by the ASCS. "(b) APPEAL PROCEDURE. — "(1) IN GENERAL.—Such appeal shall be made in accordance with this section. "(2) CONDITIONS OF APPEAL. —Any participant who believes that a proper determination has not been made with respect to the implementation of any program administered by the ASCS concerning such participant may appeal such determination as follows: "(A) if such determination was rendered by a county committee established under section 8(b) of the Soil Conservation and Domestic Allotment Act, the participant may appeal such determination to the applicable State committee established under section 8(b) of the Soil Conservation and Domestic Allotment Act; "(B) if such determination was rendered by a State committee established under section 8(b) of the Soil Conservation and Domestic Allotment Act, the participant may appeal such determination to the National Appeals Division established in accordance with this section; and "(C) if such determination was rendered by any other employee or agent of the ASCS or the Commodity Credit Corporation, the participant may appeal such determination to the National Appeals Division. "(3) TIME OF FIUNG OF APPEAL. — A participant shall file a notice of appeal within a reasonable time after receiving notice of the adverse determination, as determined by the Secretary. "(c) NATIONAL APPEALS DIVISION.— "(1) ESTABLISHMENT.—For the purpose of hearing producer appeals, the Secretary shall establish and maintain within the ASCS, a National Appeals Division, which shall consist of a director, hearing officers, and such other personnel necessary to the administration of the division, all of whom shall be employ- ees of the Department of Agriculture who shall have no duties other than hearing and determining formal appeals arising under this Act or any other Act administered by the Agricultural Stabilization and Conservation Service, or a successor agency. "(2) HEARING OFFICERS.— Hearing officers within the National Appeals Division shall hear each appeal made to the National Appeals Division under this section.

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