---
kind: "section"
citation: "7 U.S.C. § 6997"
title: "7"
title_heading: "Agriculture"
number: "6997"
heading: "Division hearings"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/7/6997"
units:
  - "Chapter 98 — Department of Agriculture Reorganization"
  - "Subchapter VIII — National Appeals Division"
---

# §6997. Division hearings

- (a) **General powers of Director and hearing officers—**
  - (1) **Access to case record—** The [Director](/usc/7/6991.md?p=5) and [hearing officer](/usc/7/6991.md?p=7) shall have access to the [case record](/usc/7/6991.md?p=4) of any [adverse decision](/usc/7/6991.md?p=1) appealed to the [Division](/usc/7/6991.md?p=6) for a hearing.
  - (2) **Administrative procedures—** The [Director](/usc/7/6991.md?p=5) and [hearing officer](/usc/7/6991.md?p=7) shall have the authority to require the attendance of witnesses, and the production of evidence, by subpoena and to administer oaths and affirmations. Except to the extent required for the disposition of ex parte matters as authorized by law—
    - (A) an interested [person](/usc/7/499a.md?p=b-1) outside the [Division](/usc/7/6991.md?p=6) shall not make or knowingly cause to be made to the [Director](/usc/7/6991.md?p=5) or a [hearing officer](/usc/7/6991.md?p=7) who is or may reasonably be expected to be involved in the evidentiary hearing or review of an [adverse decision](/usc/7/6991.md?p=1), an ex parte communication (as defined in [section 551(14) of title 5](/usc/5/551.md?p=14)) relevant to the merits of the proceeding;
    - (B) the [Director](/usc/7/6991.md?p=5) and such [hearing officer](/usc/7/6991.md?p=7) shall not make or knowingly cause to be made to any interested [person](/usc/7/499a.md?p=b-1) outside the [Division](/usc/7/6991.md?p=6) an ex parte communication relevant to the merits of the proceeding.
- (b) **Time for hearing—** Upon a timely request for a hearing under [section 6996(b) of this title](/usc/7/6996.md?p=b), an [appellant](/usc/7/6991.md?p=3) shall have the right to have a hearing by the [Division](/usc/7/6991.md?p=6) on the [adverse decision](/usc/7/6991.md?p=1) within 45 days after the date of the receipt of the request for the hearing.
- (c) **Location and elements of hearing—**
  - (1) **Location—** A hearing on an [adverse decision](/usc/7/6991.md?p=1) shall be held in the [State](/usc/7/198.md?p=5) of residence of the [appellant](/usc/7/6991.md?p=3) or at a location that is otherwise convenient to the [appellant](/usc/7/6991.md?p=3) and the [Division](/usc/7/6991.md?p=6).
  - (2) **Evidentiary hearing—** The evidentiary hearing before a [hearing officer](/usc/7/6991.md?p=7) shall be in [person](/usc/7/499a.md?p=b-1), unless the [appellant](/usc/7/6991.md?p=3) agrees to a hearing by telephone or by a review of the [case record](/usc/7/6991.md?p=4). The [hearing officer](/usc/7/6991.md?p=7) shall not be bound by previous findings of fact by the [agency](/usc/7/6991.md?p=2) in making a determination.
  - (3) **Information at hearing—** The [hearing officer](/usc/7/6991.md?p=7) shall consider information presented at the hearing without regard to whether the evidence was known to the [agency](/usc/7/6991.md?p=2) officer, employee, or committee making the [adverse decision](/usc/7/6991.md?p=1) at the time the [adverse decision](/usc/7/6991.md?p=1) was made. The [hearing officer](/usc/7/6991.md?p=7) shall leave the record open after the hearing for a reasonable period of time to allow the submission of information by the [appellant](/usc/7/6991.md?p=3) or the [agency](/usc/7/6991.md?p=2) after the hearing to the extent necessary to respond to new facts, information, arguments, or evidence presented or raised by the [agency](/usc/7/6991.md?p=2) or [appellant](/usc/7/6991.md?p=3).
  - (4) **Burden of proof—** The [appellant](/usc/7/6991.md?p=3) shall bear the burden of proving that the [adverse decision](/usc/7/6991.md?p=1) of the [agency](/usc/7/6991.md?p=2) was erroneous.
- (d) **Determination notice—** The [hearing officer](/usc/7/6991.md?p=7) shall issue a notice of the determination on the appeal not later than 30 days after a hearing or after receipt of the request of the [appellant](/usc/7/6991.md?p=3) to waive a hearing, except that the [Director](/usc/7/6991.md?p=5) may establish an earlier or later deadline. If the determination is not appealed to the [Director](/usc/7/6991.md?p=5) for review under [section 6998 of this title](/usc/7/6998.md), the notice provided by the [hearing officer](/usc/7/6991.md?p=7) shall be considered to be a notice of an administratively final determination.
- (e) **Effective date—** The final determination shall be effective as of the date of filing of an application, the date of the transaction or event in question, or the date of the original [adverse decision](/usc/7/6991.md?p=1), whichever is applicable.

## Source credit

(Pub. L. 103–354, title II, § 277, Oct. 13, 1994, 108 Stat. 3230.)