U.S Code last checked for updates: Apr 30, 2024
§ 6998.
Director review of determinations of hearing officers
(a)
Requests for Director review
(1)
Time for request by appellant
(2)
Time for request by agency head
(b)
Determination of Director
The Director shall conduct a review of the determination of the hearing officer using the case record, the record from the evidentiary hearing under section 6997 of this title, the request for review, and such other arguments or information as may be accepted by the Director. Based on such review, the Director shall issue a final determination notice that upholds, reverses, or modifies the determination of the hearing officer. However, if the Director determines that the hearing record is inadequate, the Director may remand all or a portion of the determination for further proceedings to complete the hearing record or, at the option of the Director, to hold a new hearing. The Director shall complete the review and either issue a final determination or remand the determination not later than—
(1)
10 business days after receipt of the request for review, in the case of a request by the head of an agency for review; or
(2)
30 business days after receipt of the request for review, in the case of a request by an appellant for review.
(c)
Basis for determination
(d)
Equitable relief
(e)
Effective date
(Pub. L. 103–354, title II, § 278, Oct. 13, 1994, 108 Stat. 3232; Pub. L. 107–171, title I, § 1613(j)(2), May 13, 2002, 116 Stat. 221.)
cite as: 7 USC 6998