Based on the common issues that arose in NAD cases concerning plan feasibility, it is clear that: ■ FSA does not consistently utilize accurate and verifiable information in the development and assessment of farmers’ operating plans; ■ when FSA has concerns regarding the accuracy and verifiability of an applicant’s operating plan, it often fails to discuss and attempt to resolve them with the appli. [...] Specifically: ■ the NAD appeals process can be difficult to navigate due to its formality and increasingly legalistic character; ■ barriers to obtaining the resolution of a case exist at the point of loan review, appeal, and implementation of a NAD determination; and ■ gaps in the NAD process preclude appellants from obtaining relief for discrimination claims or equitable relief. [...] Within 30 days of receiving a final NAD determination that is favorable to the farmer, FSA should implement the NAD determination by approving the farmer for the loan and delivering program benefits owed to the farmer. [...] During the course of the NAD appeals process, FSA can withdraw the adverse decision on appeal at any point before the administrative judge or NAD Director issues an appeal determination.10 This prevents the appeal from moving forward as there is no longer an adverse decision for NAD to consider,11 even if the appellant objects to the withdrawal. [...] FSA should continue to have the option to withdraw an adverse decision when it is favorable to the appellant, as it could save the farmer from having to go through the appeals process and may allow them to receive program benefits sooner.
- Pages
- 10
- Published in
- United States of America
