• Upon receipt of the file, the hearing officer will become familiar with the case to be sure that pertinent information is presented at the hearing.

• The hearing office personnel will arrange a hearing at a place convenient to the appellant, decision making official, and hearing officer in the state of residence of the appellant, unless the appellant consents to holding the hearing in another state. The hearing officer should make arrangements when necessary for the hearing and/or sight impaired.

• The hearing officer must be an unbiased presiding officer.

  • The hearing officer should have no preconceived opinion concerning the issues.

  • To preserve this unbiased atmosphere.

    1. It is preferable that the hearing not be held in an FmHA office. Places such as Conference Room - Agricultural Service Center, SCS, ASCS, Extension Service, etc. should be first considered. This may not be possible, but an attempt should be made to hold the hearing at a neutral place.

    2. The hearing officer should not fraternize with the decision maker or other FmHA personnel before, during, or after the hearing. The hearing officer should be seated separate from the others at the hearing.

• The hearing proceedings should be conducted informally.

  • The appellant has the responsibility of showing why the initial decision should be reversed.

  • The hearing officer may receive evidence without regard to whether that evidence could be employed in judicial proceedings, but evidence clearly unrelated to the issues being appealed need not be accepted.

  • The hearing must be conducted in a manner to get facts on the record. Therefore, the hearing must deal in facts and professional opinions.

  • The hearing officer should keep control over the hearing and not allow any of the participants, including counsel for the appellant or the decision maker, to unduly attempt to set the tone of the hearing. If any person(s) become uncontrollable, they may be requested to leave. If they refuse to leave, the hearing may be terminated or postponed.

  • As a fact-finder, the hearing officer may question any witness, request additional witnesses to appear, and/or request further information if this information is necessary to reach a proper decision. If the hearing officer is going to request additional witnesses, these witnesses should be given adequate notice of the time and place of the hearing.

• Order of presentation. The order listed below should be followed:

  1. The opening statement by appellant setting forth why original decision was erroneous. This is an outline of how appellant plans to proceed.

  2. The opening statement by decision maker to show why the decision is correct.

  3. The appellant presents evidence including documents, witnesses, and arguments supporting the appellant's position. The decision maker can be questioned at this time by the appellant. Any witnesses presented by the appellant can be questioned by the decision maker or other Government representative.

  4. The decision maker or other government representative then has an opportunity to rebut appellant's arguments and/or evidence by presenting evidence including witnesses. Any witnesses may be questioned by appellant.

  5. The hearing should be concluded with a summary by both sides.

  6. The appellant may arrange to have a transcript of the hearing made at the appellant's expense.

  7. The appellant may request a copy of the hearing tape.

• The hearing officer will make a decision based on the following:

  1. Facts and materials presented at the hearing.

  2. Appropriate FmHA files.

  3. Applicable statutes and regulations.

  4. The hearing officer's general knowledge of FmHA program functions.

• After reaching a decision, the hearing officer must prepare the appropriate letter setting out the decision and forward it to the appellant, with a copy to the decision maker or any other official servicing the account.

  1. This letter must set out specific reasons for the decision, and the facts on which the decision is based.

  2. The decision will be normally communicated by letter to the appellant within 30 calendar days of the hearing.

     • If the initial decision is reversed, the letter will so inform the appellant and the decision maker, giving the reasons and action to be taken.
     • If the initial decision is upheld or modified, the letter will contain a statement set out in the regulations that the appellant may have the decision reviewed further if the appellant files a request for review within 30 calendar days of the date of the letter.

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