Subpart H - Appeals 



510.88 Appeal process - Level IV. 



510.89(b) 



Any person who is adversely affected by the decision of 

 the STC may appeal to the SCS Chief. The Chief will only 

 accept appeals arising from decisions made by the STC. 



(a) The Chief will make a decision on the appeal based 

 on the administrative record only. A hearing shall not be 

 held. 



(b) The decision by the Chief is the final decision of 

 the Department of Agriculture. There is no further 

 administrative appeal. 



510.89 Processing appeals to the Chief. 



Decisions made by the Chief on appeals are based solely 

 on the administrative record. When an appeal is received by 

 the Chief, the following procedure will be used to process 

 the appeal. 



(a) The Director, Land Treatment Program Division 

 (LTPD) for the Conservation Reserve Program, or the 

 Director, Conservation Planning Division (CPD) for all other 

 FSA activities, will request the state conservationist to 

 send one copy of the administrative record to the Director 

 of the appropriate National Technical Center (NTC) and one 

 copy to the LTPD or CPD Director via overnight mail. The 

 director responsible for processing the appeal will send a 

 copy of the appeal letter to the appropriate NTC. 



(b) The NTC is to complete a technical review of the 

 administrative record within 25 calendar days of receipt, 

 including the identification of any deficiencies in the 

 record that supports technical determinations. The NTC will 

 make a copy of the administrative record for the NTC file. 

 Procedural and non-technical issues identified by the NTC 

 are to be referred to the Deputy Chief for Programs for 

 resolution with the STC. 



510-65 

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



