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MD.440.8.5, PGM - NRCS Appeals and Mediation Conservation Programs Manual 440 Part 510 Amendment 42, December 2007

Maryland Bulletin: 440-8-5
Subject: PGM - NRCS Appeals and Mediation Conservation Programs Manual 440 Part 510 Amendment 42, December 2007
Date: 02/06/2008

Purpose. To provide information on policy manual update.

Expiration Date. September 30, 2008.

Explanation.  The policy document, Conservation Programs Manual, Part 510, Appeals Procedures, are now available in the Electronic Directives System at http://directives.sc.egov.usda.gov/viewerFS.aspx?id=2188 and on the NRCS share drive: Service_Center\NRCS\PROGRAMS\All Conservation Program Manuals.

Review of all Program Contracts will continue into Fiscal Year 08. All contract cancellations and terminations, regardless of year, will be reviewed for cost recovery action. As you complete the FY08 conservation program contracting process, please be sure the participant has received the appropriate contract appendix and has signed the office copy to verify receipt.

Appeals are costly to process and take a great deal of time to resolve. Any actions, including those leading to any technical determinations or program decisions executed by NRCS must be fully documented in the case file record so that a complete agency record can be established. NRCS program participants must be informed of their correct appeal rights. Appeal rights must be provided when a preliminary technical and/or final technical determination or when a program decision are being issued.

Maryland NRCS encourages efforts to resolve any disagreements or misunderstandings of determinations or decisions at the field office. However, all program participants or applicants must have been given their respective rights to request an appeal or mediation, or when conditions dictate, a review of appealability.

Contact. Field offices shall contact the Maryland State Appeals Coordinator (SAC), Mark Rose, Assistant State Conservationist for Programs, for assistance in handling all appeal requests, including those being heard by the FSA COC.

/s/

MARK A. ROSE
Assistant State Conservationist for Programs

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