Page:United States Statutes at Large Volume 108 Part 4.djvu/596

 108 STAT. 3230 PUBLIC LAW 103-354—OCT. 13, 1994 7 USC 6993. SEC. 273. TRANSFER OF FUNCTIONS. There are transferred to the Division all functions exercised and all administrative appeals pending before the effective date of this subtitle (including all related functions of any officer or employee) of or relating to— (1) the National Appeals Division established by section 426(c) of the Agricultural Act of 1949 (7 U.S.C. 1433e(c)) (as in effect on the day before the date of the enactment of this Act); (2) the National Appeals Division established by subsections (d) through (g) of section 333B of the Consolidated Farm and Rural Development Act (7 U.S.C. 1983b) (as in effect on the day before the date of the enactment of this Act); (3) appeals of decisions made by the Federal Crop Insurance Corporation; and (4) appeals of decisions made by the Soil Conservation Service (as in effect on the day before me date of the enactment of this Act). 7 USC 6994. SEC. 274. NOTICE AND OPPORTUNITY FOR HEARING. Not later than 10 working days after an adverse decision is made that affects the participant, the Secretary shall provide the participant with written notice of such adverse decision and the rights available to the participant under tiiis subtitie or other law for the review of such adverse decision. 7 USC 6995. SEC. 275. INFORMAL HEARINGS. If an officer, employee, or committee of an agency makes an adverse decision, the agency shall hold, at the request of the participant, an informal hearing on the decision. With respect to programs carried out through the ConsoUdated Farm Service Agency (or other office, agency, or administrative unit of the Department assigned to carry out the programs authorized for the Consolidated Farm Service Agency under section 226), the Secretary shall maintain the informal appeals process applicable to such programs, as in effect on the date oi the enactment of the subtitie. If a mediation program is available under title V of the Agricultural Credit Act of 1987 (7 U.S.C. 5101 et seq.) as a part of the informal hearing process, the participant shall be offered the right to choose such mediation. 7 USC 6996. SEC. 278. RIGHT OF PARTICIPANTS TO DIVISION HEARING. (a) APPEAL TO DIVISION FOR HEARING. — Subject to subsection (b), a participsint shall have the right to appeal an adverse decision to the Division for an evidentiary hearing by a hearing officer consistent with section 277. (b) TIME FOR APPEAL. —To be entitied to a hearing under section 277, a participant shall request the hearing not later than 30 days after the date on which the participant first received notice of the adverse decision. 7 USC 6997. SEC. 277. DIVISION HEARINGS. (a) GENERAL POWERS OF DIRECTOR AND HEARING OFFICERS. — (1) ACCESS TO CASE RECORD. —The Director and hearing officer shall have access to the case record of any adverse decision appealed to the Division for a hearing.

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