7 USC 6991 – Definitions
For purposes of this subchapter:
(1) Adverse decision
The term “adverse decision” means an administrative decision made by an officer, employee, or committee of an agency that is adverse to a participant. The term includes a denial of equitable relief by an agency or the failure of an agency to issue a decision or otherwise act on the request or right of the participant. The term does not include a decision over which the Board of Contract Appeals has jurisdiction.
(2) Agency
The term “agency” means any agency of the Department designated by the Secretary or a successor agency of the Department, except that the term shall include the following (and any successor to the following):
(A) The Farm Service Agency (or other office, agency, or administrative unit of the Department assigned the functions authorized for the Farm Service Agency under section 6932 of this title).
(B) The Commodity Credit Corporation, with respect to domestic programs.
(C) The Farmers Home Administration.
(D) The Federal Crop Insurance Corporation.
(E) The Rural Development Administration.
(F) The Natural Resources Conservation Service (or other office, agency, or administrative unit of the Department assigned the functions authorized for the Natural Resources Conservation Service under section 6936(b) of this title).
(G) A State, county, or area committee established under section 590h(b)(5) of title 16.
(3) Appellant
The term “appellant” means a participant who appeals an adverse decision in accordance with this subchapter.
(4) Case record
The term “case record” means all the materials maintained by the Secretary related to an adverse decision.
(5) Director
The term “Director” means the Director of the Division.
(6) Division
The term “Division” means the National Appeals Division established by this chapter.
(7) Hearing officer
The term “hearing officer” means an individual employed by the Division who hears and determines appeals of adverse decisions by any agency.
(8) Implement
The term “implement” refers to those actions necessary to effectuate fully and promptly a final determination of the Division not later than 30 calendar days after the effective date of the final determination.
(9) Participant
The term “participant” shall have the meaning given that term by the Secretary by regulation.
Terms Used In 7 USC 6991
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- county: includes a parish, or any other equivalent subdivision of a State or Territory of the United States. See 1 USC 2
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- individual: shall include every infant member of the species homo sapiens who is born alive at any stage of development. See 1 USC 8
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- officer: includes any person authorized by law to perform the duties of the office. See 1 USC 1
- State: means a State, the District of Columbia, the Commonwealth of Puerto Rico, or any other territory or possession of the United States. See 1 USC 7