[Code of Federal Regulations]
[Title 7, Volume 6]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR614.104]

[Page 363]
 
                          TITLE 7--AGRICULTURE
 
   CHAPTER VI--NATURAL RESOURCES CONSERVATION SERVICE, DEPARTMENT OF 
                               AGRICULTURE
 
PART 614--APPEAL PROCEDURES--Table of Contents
 
     Subpart B--Appeals of Technical Determinations Related to the 
  Conservation Title (Title XII) of the Food Security Act of 1985, as 
                                 Amended
 
Sec. 614.104  Appeals of technical determinations.

    (a) Technical determinations related to the programs in Sec. 614.100 
may only be appealed, pursuant to the provisions of 7 CFR part 780, to 
the FSA county committee with jurisdiction.
    (b) In cases where a field visit has not already been completed in 
accordance with Sec. 614.101(a), a field visit shall be completed by the 
designated conservationist before the FSA county committee considers the 
appeal.
    (c) If the FSA county committee hearing the appeal requests review 
of the technical determination by the applicable State Conservationist 
prior to issuing their decision, the State Conservationist may:
    (1) Designate an appropriate NRCS official to gather any additional 
information necessary for review of the technical determination;
    (2) Obtain additional oral and documentary evidence from any party 
with personal or expert knowledge about the facts under review; and
    (3) Conduct a field visit to review and obtain additional 
information and to discuss the facts concerning the technical 
determination. The State Conservationist shall provide the applicable 
FSA county committee with a written technical determination, including 
all factors, technical criteria, and facts relied upon in making the 
technical determination.
    (d) Any landowner or program participant who is adversely affected 
by a decision of the FSA county committee may appeal to NAD in 
accordance with 7 CFR part 11.