TITLE 7 - AGRICULTURE

SUBTITLE B - REGULATIONS OF THE DEPARTMENT OF AGRICULTURE

CHAPTER VII - FARM SERVICE AGENCY, DEPARTMENT OF AGRICULTURE

SUBCHAPTER D - SPECIAL PROGRAMS

PART 780 - APPEAL REGULATIONS

780.10 - State committee appeals.

  (a) A request for appeal to the State committee from a decision of a county committee must be submitted by a participant or by a participant's authorized representative in writing and addressed to the State Executive Director.

  (b) A participant's right to appeal a decision to a State committee is waived if a participant has appealed the adverse decision to NAD before requesting an appeal to the State Committee.

  (c) If a participant requests mediation or requests an appeal to NAD before a request for an appeal to the State Committee has been acted upon, the appeal to the State Committee will be deemed withdrawn.

  (d) The Federal Rules of Evidence do not apply in appeals to a State committee. Notwithstanding, a State committee may confine presentations of evidence to material facts and exclude evidence or questions as irrelevant, unduly repetitious, or otherwise inappropriate.

  (e) The official record of a State committee decision on an appeal will be the decision letter that is issued following disposition of the appeal.

  (f) Deliberations shall be in confidence except to the extent that a State committee may request the assistance of FSA employees during deliberations.