Part 510 - General Operating Procedures 



if 

 510.84 



510.84 General procedures for appeals. 



(a) Persons who feel they have been adversely affected 

 by a determination or decision and who choose to appeal the 

 determination or decision shall make an appeal within 45 

 calendar days of being notified of the original 

 determination. The 45 calendar day requirement should not 

 be used as an absolute cut-off date as long as the person 

 appeals within a reasoneible time. If the person is making 

 an informal effort to resolve the issue, the 45 calendar day 

 period should not start until SCS maOces it clear that SCS 

 has made a final decision. All appeals received must be 

 recorded, and the reason for not considering the appeal must 

 be noted in the case file. 



(1) The person shall be informed in writing at the 

 time that the determination and/or decisions are made that 

 he or she may appeal the action. 



(2) The person will be provided the procedures for 

 requesting reconsideration and pursuing the action, 

 including the right to request a meeting at the 

 reconsideration level. A meeting is encouraged. ^ 



(3) A letter of decision will be sent to the 

 person making the appeal and a copy of that letter of 

 decision will also be sent to each lower level SCS line 

 officer involved in the appeal and to the appropriate office 

 of the other USDA agencies involved. 



I 



(4) Inform the local soil and water conservation 

 district that the appeal has been received. 



(b) Use national codes to record the number of 

 reconsiderations and appeals received at each appeal level. 



(1) Field offices will report appeal when letter 

 of response to a reconsideration request is completed and 

 mailed to the person. 



(2) Area and state offices will report appeal 

 when appeal decision is finalized. 



510-62 



(180-V-NFSAM, Second Ed., Amend. 6, May 1991) 



