For purposes of this subchapter:
(1) Adverse decision
The term adverse decision means an administrative decision made by an officer, employee, or committee of an agency that is adverse to a participant. The term includes a denial of equitable relief by an agency or the failure of an agency to issue a decision or otherwise act on the request or right of the participant. The term does not include a decision over which the Board of Contract Appeals has jurisdiction.
(2) Agency The term agency means any agency of the Department designated by the Secretary or a successor agency of the Department, except that the term shall include the following (and any successor to the following):
(A) The Consolidated Farm Service Agency (or other office, agency, or administrative unit of the Department assigned the functions authorized for the Consolidated Farm Service Agency under section
6932 of this title).
(B) The Commodity Credit Corporation, with respect to domestic programs.
(C) The Farmers Home Administration.
(D) The Federal Crop Insurance Corporation.
(E) The Rural Development Administration.
(F) The Natural Resources Conservation Service (or other office, agency, or administrative unit of the Department assigned the functions authorized for the Natural Resources Conservation Service under section
6962 (b) of this title).
(G) A State, county, or area committee established under section
590h (b)(5) of title
16.
(3) Appellant
The term appellant means a participant who appeals an adverse decision in accordance with this subchapter.
(4) Case record
The term case record means all the materials maintained by the Secretary related to an adverse decision.
(5) Director
The term Director means the Director of the Division.
(6) Division
The term Division means the National Appeals Division established by this chapter.
(7) Hearing officer
The term hearing officer means an individual employed by the Division who hears and determines appeals of adverse decisions by any agency.
(8) Implement
The term implement refers to those actions necessary to effectuate fully and promptly a final determination of the Division not later than 30 calendar days after the effective date of the final determination.
(9) Participant
The term participant shall have the meaning given that term by the Secretary by regulation.
