The National Appeals Division (NAD) of

USDA The United States Department of Agriculture (USDA) is the federal executive department responsible for developing and executing federal laws related to farming, forestry, rural economic development, and food. It aims to meet the needs of com ...

was established by the Department of Agriculture Reorganization Act of 1994 (Title II of P.L. 103-354) to consolidate and improve the hearing procedures for USDA claims and disputes. The statute and regulations provide that certain sections of the Administrative Procedure Act (APA) (P.L. 79-404, as amended), including the hearing requirements, do not apply to NAD proceedings. The NAD procedures govern informal and formal hearings covering appeals of decisions made by the rural development agencies,

Natural Resources Conservation Service Natural Resources Conservation Service (NRCS), formerly known as the Soil Conservation Service (SCS), is an agency of the United States Department of Agriculture (USDA) that provides technical assistance to farmers and other private landowners an ...

, Risk Management Agency, and the Farm Service Agency. The statute and regulations set forth the procedures for hearings, requirements for the presiding officers, requirements for communications between the decision-maker and persons interested in the matter, and other important issues. After a decision is made by an Administrative Judge, both the appellant and the agency have the right to a review by the NAD director, who then issues a final determination. The final determination of the NAD is reviewable and enforceable by the

U.S. District Court The United States district courts are the trial courts of the U.S. federal judiciary. There is one district court for each federal judicial district, which each cover one U.S. state or, in some cases, a portion of a state. Each district cou ...

in accordance with the judicial review provisions of the APA.

References

*{{CRS, article = Report for Congress: Agriculture: A Glossary of Terms, Programs, and Laws, 2005 Edition, url = http://ncseonline.org/nle/crsreports/05jun/97-905.pdf, author= Jasper Womach

External links

* http://www.nad.usda.gov

National Appeals Division Rules of Procedure United States Department of Agriculture Article I tribunals