---
kind: "section"
citation: "7 C.F.R. § 780.7"
title: "7"
number: "780.7"
heading: "Reconsideration."
url: "https://uscodex.org/cfr/7/780.7"
---

# §780.7. Reconsideration.

- (a) A request for reconsideration must be submitted in writing by a participant or by a participant's authorized representative and addressed to the FSA decision maker as will be instructed in the adverse decision notification.
- (b) A participant's right to request reconsideration is waived if, before requesting reconsideration, a participant:
  - (1) Has requested and begun mediation of the adverse decision;
  - (2) Has appealed the adverse decision to a higher reviewing authority in FSA; or
  - (3) **Has appealed to NAD.**
- (c) Provided a participant has not waived the right to request reconsideration, FSA will consider a request for reconsideration of an adverse decision under these rules except when a request concerns a determination of NRCS appealable under the procedures in [§ 780.11](/cfr/7/780.11.md), the decision has been mediated, the decision has previously been reconsidered, or the decision-maker is the Administrator, Deputy Administrator, or other FSA official outside FSA's informal appeals process.
- (d) A request for reconsideration will be deemed withdrawn if a participant requests mediation or appeals to a higher reviewing authority within FSA or requests an appeal by NAD before a request for reconsideration has been acted upon.
- (e) **The Federal Rules of Evidence do not apply to reconsiderations.** Proceedings may be confined to presentations of evidence to material facts, and evidence or questions that are irrelevant, unduly repetitious, or otherwise inappropriate may be excluded.
- (f) The official decision on reconsideration will be the decision letter that is issued following disposition of the reconsideration request.
- (g) A decision on reconsideration is a new decision that restarts applicable time limitations periods under [§ 780.15](/cfr/7/780.15.md) and [part 11 of this title](/cfr/7/part11.md).

## Notes

### Amendments

[70 FR 43266, July 27, 2005, as amended at 71 FR 30573, May 30, 2006]

### Authority

Authority: 5 U.S.C. 301 and 574; 7 U.S.C. 6995; 15 U.S.C. 714b and 714c; 16 U.S.C. 590h.

### Source

Source: 70 FR 43266, July 27, 2005, unless otherwise noted.

### Amendments

[70 FR 43266, July 27, 2005, as amended at 71 FR 30573, May 30, 2006]