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Title 7: Agriculture
Subtitle B: Regulations of the Department of Agriculture (Continued)
CHAPTER XXX: OFFICE OF THE CHIEF FINANCIAL OFFICER, DEPARTMENT OF AGRICULTURE
PART 3017: GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)
Subpart G: Suspension
3017.765 - How may I appeal my suspension
(a) You may file an appeal only after you have exhausted the option provided for in ? 3017.720 to contest the suspension. You must file your appeal within 30 days of receiving the decision required by ? 3017.755 and your filing must specify the basis of the appeal. You must submit your appeal in writing to the Hearing Clerk in the Office of Administrative Law Judges (OALJ), United States Department of Agriculture (USDA), Washington, DC 20250. The assigned appeals officer may vacate the decision of the suspending official only if the officer determines that the decision is:
(1) Not in accordance with law;
(2) Not based on the applicable standard of evidence; or
(3) Arbitrary and capricious and an abuse of discretion.
(b) The appeals officer will base the decision solely on the administrative record.
(c) Within 90 days of the date that you file your appeal with USDA's OALJ Hearing Clerk, the appeals officer will give written notification of the decision to you and to the suspending official who took the action being appealed.
(d) The appeals officer's decision is final and is not appealable within USDA.
[68 FR 66565, Nov. 26, 2003]
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