7 CFR 15f.12 – Am I entitled to a hearing in all circumstances?
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Under section 741, you have a right to a hearing as part of the process for USDA to render a final determination on your eligible complaint. However, if at any time the ALJ determines that your complaint is not an eligible complaint, he or she may dismiss your complaint with a final determination and USDA review of your complaint will then have been completed. You also are not entitled to a hearing if there are no material issues of fact in dispute between you and USDA. In other words, if the only dispute remaining is a question of law, you will not receive a hearing and the ALJ will make a final determination under § 15f.16.
Terms Used In 7 CFR 15f.12
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
