Page:United States Statutes at Large Volume 108 Part 4.djvu/595

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PUBLIC LAW 103-354—OCT. 13, 1994 108 STAT. 3229 (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 title. (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 fuUy 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. SEC. 272. NATIONAL APPEALS DIVISION AND DIRECTOR. 7 USC 6992. (a) ESTABLISHMENT OF DIVISION.— The Secretary shall establish and maintain an independent National Appeals Division within the Department to carry out this subtitle. (b) DIRECTOR.— (1) APPOINTMENT'.—The Division shall be headed by a Director, appointed by the Secretary fix)m among persons who have substantial experience in practicing administrative law. In considering applicants for the position of Director, the Secretary shall consider persons cturently employed outside Government as weU as Government employees. (2) TERM AND REMOVAL. —The Director shall serve for a 6-year term of office, and shall be eligible for reappointment. The Director shall not be subject to removal diuing the term of office, except for cause established in accordance with law. (3) POSITION CLASSIFICATION. —The position of the Director may not be a position in the excepted service or filied by a noncareer appointee. (c) DIRECTION, CONTROL, AND SUPPORT.— The Director shall be free fix)m the direction and control of any person other than the Secretary. The Division shall not receive administrative support (except on a reimbursable basis) fix)m any agency other than the Office of the Secretary. The Secretary may not delegate to any other officer or employee of the Department, other than the Director, the authority of the Secretary with respect to the Division. (d) DETERMINATION OF APPEALABIUT\' OF AGENCY DECISIONS.— If an officer, employee, or committee of an agency determines that a decision is not appealable and a participant appeals the decision to the Director, the Director shall determine whether the decision is adverse to the individual participant and thus appealable or is a matter of general applicabihty and thus not subject to appeal. The determination of the Director as to whether a decision is appealable shall be administratively final. (e) DIVISION PERSONNISL. —The Director shall appoint such hearing officers and other employees as are necessary for the administration of the Division. A hearing officer or other employee of the Division shall have no duties other than those that are necessary to carry out this subtitle.