[Code of Federal Regulations]
[Title 7, Volume 10]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR1400.9]

[Page 328-329]
 
                          TITLE 7--AGRICULTURE
 
  CHAPTER XIV--COMMODITY CREDIT CORPORATION, DEPARTMENT OF AGRICULTURE
 
PART 1400_PAYMENT LIMITATION AND PAYMENT ELIGIBILITY--Table of Contents
 
                      Subpart A_General Provisions
 
Sec. 1400.9  Appeals.

    (a) Any person may obtain reconsideration and review of 
determinations made under this part in accordance with the appeal 
regulations set forth at part 780 of this title. With respect to such 
appeals, the applicable reviewing authority shall:
    (1) Schedule a hearing with respect to the appeal within 45 days 
following receipt of the written appeal; and
    (2) Issue a determination within 60 days following the hearing.
    (b) The time limitations provided in paragraph (a) shall not apply 
if:
    (1) The appellant, or the appellant's representative, requests a 
postponement of the scheduled hearing;
    (2) The appellant, or the appellant's representative, requests 
additional time following the hearing to present additional information 
or a written closing statement;
    (3) The appellant has not timely presented information to the 
reviewing authority; or
    (4) An investigation by the Office of Inspector General is ongoing 
or a court proceeding is involved that affects the

[[Page 329]]

amount of payments a person may receive.
    (c) If the deadlines provided in paragraphs (a) and (b) of this 
section are not met, the relief sought by the producer's appeal will be 
granted for the applicable crop year unless the Deputy Administrator 
determines that the producer did not follow the farm operating plan 
initially presented to the county committee for the year that is the 
subject of the appeal.
    (d) An appellant may waive the provisions of paragraphs (a) and (b) 
of this section.