---
kind: "section"
citation: "7 U.S.C. § 6998"
title: "7"
title_heading: "Agriculture"
number: "6998"
heading: "Director review of determinations of hearing officers"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/7/6998"
units:
  - "Chapter 98 — Department of Agriculture Reorganization"
  - "Subchapter VIII — National Appeals Division"
---

# §6998. Director review of determinations of hearing officers

- (a) **Requests for Director review—**
  - (1) **Time for request by appellant—** Not later than 30 days after the date on which an [appellant](/usc/7/6991.md?p=3) receives the determination of a [hearing officer](/usc/7/6991.md?p=7) under [section 6997 of this title](/usc/7/6997.md), the [appellant](/usc/7/6991.md?p=3) shall submit a written request to the [Director](/usc/7/6991.md?p=5) for review of the determination in order to be entitled to a review by the [Director](/usc/7/6991.md?p=5) of the determination.
  - (2) **Time for request by agency head—** Not later than 15 business days after the date on which an [agency](/usc/7/6991.md?p=2) receives the determination of a [hearing officer](/usc/7/6991.md?p=7) under [section 6997 of this title](/usc/7/6997.md), the head of the [agency](/usc/7/6991.md?p=2) may make a written request that the [Director](/usc/7/6991.md?p=5) review the determination.
- (b) **Determination of Director—** The [Director](/usc/7/6991.md?p=5) shall conduct a review of the determination of the [hearing officer](/usc/7/6991.md?p=7) using the [case record](/usc/7/6991.md?p=4), the record from the evidentiary hearing under [section 6997 of this title](/usc/7/6997.md), the request for review, and such other arguments or information as may be accepted by the [Director](/usc/7/6991.md?p=5). Based on such review, the [Director](/usc/7/6991.md?p=5) shall issue a final determination notice that upholds, reverses, or modifies the determination of the [hearing officer](/usc/7/6991.md?p=7). However, if the [Director](/usc/7/6991.md?p=5) determines that the hearing record is inadequate, the [Director](/usc/7/6991.md?p=5) may remand all or a portion of the determination for further proceedings to complete the hearing record or, at the option of the [Director](/usc/7/6991.md?p=5), to hold a new hearing. The [Director](/usc/7/6991.md?p=5) 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](/usc/7/6991.md?p=2) for review; or
  - (2) 30 business days after receipt of the request for review, in the case of a request by an [appellant](/usc/7/6991.md?p=3) for review.
- (c) **Basis for determination—** The determination of the [hearing officer](/usc/7/6991.md?p=7) and the [Director](/usc/7/6991.md?p=5) shall be based on information from the [case record](/usc/7/6991.md?p=4), laws applicable to the matter at issue, and applicable regulations published in the Federal Register and in effect on the date of the [adverse decision](/usc/7/6991.md?p=1) or the date on which the acts that gave rise to the [adverse decision](/usc/7/6991.md?p=1) occurred, whichever date is appropriate.
- (d) **Equitable relief—** Subject to regulations issued by the [Secretary](/usc/7/6902.md?p=3), the [Director](/usc/7/6991.md?p=5) shall have the authority to grant equitable relief under this section in the same manner and to the same extent as such authority is provided to the [Secretary](/usc/7/6902.md?p=3) under [section 7996 of this title](/usc/7/7996.md) and other laws. Notwithstanding the administrative finality of a final determination of an appeal by the [Division](/usc/7/6991.md?p=6), the [Secretary](/usc/7/6902.md?p=3) shall have the authority to grant equitable or other types of relief to the [appellant](/usc/7/6991.md?p=3) after an administratively final determination is issued by the [Division](/usc/7/6991.md?p=6).
- (e) **Effective date—** A final determination issued by the [Director](/usc/7/6991.md?p=5) 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, § 278, Oct. 13, 1994, 108 Stat. 3232; Pub. L. 107–171, title I, § 1613(j)(2), May 13, 2002, 116 Stat. 221.)

## Notes

### Editorial Notes

### Amendments

2002—Subsec. (d). Pub. L. 107–171 substituted “section 7996 of this title” for “section 1339a of this title”.