§6997. Division hearings — Inbound Citations

Citations to 7 U.S.C. § 6997 as a whole

• 7 U.S.C. § 6992(e)(1)

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  (1) The Director shall recommend to the Secretary persons for appointment as hearing officers as are necessary for the conduct of hearings under section 6997 of this title. The Director shall appoint such 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. Each position of the Division shall be filled by an individual who is not a political appointee.
• 7 U.S.C. § 6996(a)

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  (a) Subject to subsection (b), a participant shall have the right to appeal an adverse decision to the Division for an evidentiary hearing by a hearing officer consistent with section 6997 of this title.
• 7 U.S.C. § 6996(b)

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  (b) To be entitled to a hearing under section 6997 of this title, 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 U.S.C. § 6998(a)(1)

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  (1) Not later than 30 days after the date on which an appellant receives the determination of a hearing officer under section 6997 of this title, the appellant shall submit a written request to the Director for review of the determination in order to be entitled to a review by the Director of the determination.
• 7 U.S.C. § 6998(a)(2)

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  (2) Not later than 15 business days after the date on which an agency receives the determination of a hearing officer under section 6997 of this title, the head of the agency may make a written request that the Director review the determination.
• 7 U.S.C. § 6998(b)

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  (b) The Director shall conduct a review of the determination of the hearing officer using the case record, the record from the evidentiary hearing under section 6997 of this title, the request for review, and such other arguments or information as may be accepted by the Director. Based on such review, the Director shall issue a final determination notice that upholds, reverses, or modifies the determination of the hearing officer. However, if the Director determines that the hearing record is inadequate, the Director may remand all or a portion of the determination for further proceedings to complete the hearing record or, at the option of the Director, to hold a new hearing. The Director shall complete the review and either issue a final determination or remand the determination not later than—

  (1) 10 business days after receipt of the request for review, in the case of a request by the head of an agency for review; or

  (2) 30 business days after receipt of the request for review, in the case of a request by an appellant for review.