Exhibit A to Subpart B of Part 1900 [Reserved]
7:12.1.2.7.10.2.1.8.10 :
Exhibit A to Subpart B of Part 1900 [Reserved]
Exhibit B-1 to Subpart B of Part 1900 - Letter for Notifying Applicants, Lender, Holders and Borrowers of Adverse Decisions Where the Decision Is Appealable
7:12.1.2.7.10.2.1.8.11 :
Exhibit B-1 to Subpart B of Part 1900 - Letter for Notifying
Applicants, Lender, Holders and Borrowers of Adverse Decisions
Where the Decision Is Appealable UNITED STATES DEPARTMENT OF
AGRICULTURE Farmers Home Administration or its successor agency
under Public Law 103-354 (Insert Address) Date
Dear ______:
After careful consideration, we [were unable to take favorable
action on your application/request for Farmers Home Administration
or its successor agency under Public Law 103-354 services] [are
cancelling/reducing the assistance you are presently receiving].
The specific reasons for our decision are:
(Insert here the adverse decision and all of the specific reasons
for the adverse action.)
If you have any questions concerning the decision or the facts
used in making our decision and desire further explanation, you may
call or write the County Office (insert phone number) to request a
meeting with (this office) (The County Committee) within 15
calendar days of the date of this letter. You should present any
new information or evidence along with possible alternatives for
our consideration. You may also bring a representative [or legal
counsel] with you. You also have the right to appeal this decision
to a hearing officer in lieu of, or in addition to, a meeting with
[this office] [the County Committee]. See attachment for your
appeal rights. (Attach Form FmHA or its successor agency under
Public Law 103-354 1900-1.) (For guaranteed loans, except loss
claims, the applicant and lender must jointly request a meeting
and/or an appeal.)
If you do not wish a meeting, as outlined above, a request for a
hearing must be sent to the Area Supervisor, National Appeals Staff
(address) ______, postmarked no later than (month) _____, (date)
_____.
(insert date 30 days from date of letter.)
The Federal Equal Credit Opportunity Act prohibits creditors
from discriminating against credit applicants on the basis of race,
color, religion, national origin, sex, marital status, handicap, or
age (provided that the applicant has the capacity to enter into a
binding contract), because all or part of the applicant's income
derives from any public assistance program, or because the
applicant has in good faith exercised any right under the Consumer
Credit Protection Act. The Federal Agency that administers
compliance with the law concerning this creditor is the Federal
Trade Commission, Equal Credit Opportunity, Washington, DC
20580.
Sincerely, (Decision Maker) (County Supervisor may sign for County
Committee) (Title) [55 FR 9874, Mar. 16, 1990]
Exhibit B-2 to Subpart B of Part 1900 - Letter for Notifying Applicants, Lenders and Holders and Borrowers of Unfavorable Decision Reached at the Meeting
7:12.1.2.7.10.2.1.8.12 :
Exhibit B-2 to Subpart B of Part 1900 - Letter for Notifying
Applicants, Lenders and Holders and Borrowers of Unfavorable
Decision Reached at the Meeting UNITED STATES DEPARTMENT OF
AGRICULTURE Farmers Home Administration or its successor agency
under Public Law 103-354 (Insert Address) Date
Dear ______:
We appreciated the opportunity to review the facts relative to
[your application/request for FmHA or its successor agency under
Public Law 103-354 services] [the assistance you are presently
receiving]. We regret that our meeting with you did not result in a
satisfactory conclusion.
(Insert here the adverse decision and all the specific reasons for
the adverse action).
See attachment for your appeal rights. (Attach Form FmHA or its
successor agency under Public Law 103-354 1900-1) (For guaranteed
loans, except loss claims, the applicant and lender must jointly
request an appeal.)
A request for a hearing must be sent to the Area Supervisor,
National Appeals Staff ______, postmarked no later than (month)
______, (date) ______
(insert date 30 days from date of letter.)
The Federal Equal Credit Opportunity Act prohibits creditors
from discriminating against credit applicants on the basis of race,
color, religion, national origin, sex, marital status, handicap, or
age (provided that the applicant has the capacity to enter into a
binding contract), because all or part of the applicant's income
derives from any public assistance program, or because the
applicant has in good faith exercised any right under the Consumer
Credit Protection Act. The Federal Agency that administers
compliance with the law concerning this creditor is the Federal
Trade Commission, Equal Credit Opportunity, Washington, DC
20580.
Sincerely, (Decision Maker) (County Supervisor may sign for County
Committee) (Title) [55 FR 9874, Mar. 16, 1990]
Exhibit B-3 to Subpart B of Part 1900 - Letter for Notifying Applicants, Lender, Holders and Borrowers of Adverse Decisions Where the Decision Involves an Appraisal (Not To Be Used in Cases Involving Farmer Program Primary Loan Servicing Actions)
7:12.1.2.7.10.2.1.8.13 :
Exhibit B-3 to Subpart B of Part 1900 - Letter for Notifying
Applicants, Lender, Holders and Borrowers of Adverse Decisions
Where the Decision Involves an Appraisal (Not To Be Used in Cases
Involving Farmer Program Primary Loan Servicing Actions) UNITED
STATES DEPARTMENT OF AGRICULTURE Farmers Home Administration or its
successor agency under Public Law 103-354 (Insert Address) Date
Dear______:
After careful consideration, we [were unable to take favorable
action on your application/request for Farmers Home Administration
or its successor agency under Public Law 103-354 services] [are
cancelling/reducing the assistance you are presently receiving].
The specific reasons for our decision are:
(Insert here the adverse decision and all of the specific reasons
for the adverse action.)
If you have any questions concerning the decision or the facts
used in making our decision and desire further explanation, you may
call or write the County Office (insert phone number) to request a
meeting with (this office) (The County Committee) within 15
calendar days of the date of this letter. You should present any
new information or evidence along with possible alternatives for
our consideration. You may also bring a representative or legal
counsel with you.
If you do not wish to have a meeting as outlined above, you may
contest the appraisal of the property value. In order to contest
the appraisal you must first request review of the appraisal by the
FmHA or its successor agency under Public Law 103-354 State
Director. Your request for review by the State Director should be
made through our office. You will be advised of the results of the
State Director's review. If after the State Director's review you
still disagree with the appraisal you may request a hearing. When
you receive the results of the State Director's review you will be
advised on how to ask for a hearing. Your request for review of the
appraisal must be postmarked no later than (month)_____, (date)
____ (insert date 15 days from date of letter).
The Federal Equal Credit Opportunity Act prohibits creditors
from discriminating against credit applicants on the basis of race,
color, religion, national origin, sex, marital status, handicap, or
age (provided that the applicant has the capacity to enter
[55 FR 9874, Mar. 16, 1990]
Exhibit B-4 to Subpart B of Part 1900 - Letter for Notifying Applicants, Lenders and Holders and Borrowers of Unfavorable Decision Reached After State Director Review of an Appraisal (Not To Be Used in Cases Involving Farmer Program Primary Loan Servicing Actions)
7:12.1.2.7.10.2.1.8.14 :
Exhibit B-4 to Subpart B of Part 1900 - Letter for Notifying
Applicants, Lenders and Holders and Borrowers of Unfavorable
Decision Reached After State Director Review of an Appraisal (Not
To Be Used in Cases Involving Farmer Program Primary Loan Servicing
Actions) UNITED STATES DEPARTMENT OF AGRICULTURE Farmers Home
Administration or its successor agency under Public Law 103-354
(Insert Address) Date
Dear ______:
At your request we have reviewed the appraisal of the property
you wish to purchase. We have determined that the value estimate of
the property is both supportable and defensible (as required by
FmHA or its successor agency under Public Law 103-354 regulations
and appraisal industry standards) and therefore acceptable.
You have the right to appeal this decision. You must show why
the appraisal is in error. You may submit an independent appraisal,
at your expense, from a qualified appraiser who is a designated
member of [the American Institute of Real Estate Appraisers,
Society of Real Estate Appraisers, American Society of Farm
Managers and Rural Appraisers, etc.,] or an equivalent organization
requiring appraisal education, testing and experience. The
appraisal must conform to Agency Appraisal regulations applicable
to the loan program.
See attachment for your appeal rights.
A request for a hearing must be sent to the Area Supervisor,
National Appeals Staff (address) ______, postmarked no later than
(month) ______, (date) ______,
(insert date 30 days from date of letter)
The Federal Equal Credit Opportunity Act prohibits creditors
from discriminating against credit applicants on the basis of race,
color, religion, national origin, sex, marital status, handicap, or
age (provided that the applicant has the capacity to enter into a
binding contract), because all or part of the applicant's income
derives from any public assistance program, or because the
applicant has in good faith exercised any right under the Consumer
Credit Protection Act. The Federal Agency that administers
compliance with the law concerning this creditor is the Federal
Trade Commission, Equal Credit Opportunity, Washington, DC
20580.
Sincerely, (State Director) [55 FR 9875, Mar. 16, 1990]
Exhibit C to Subpart B of Part 1900 - Letter for Notifying Applicants, Lenders, Holders, and Borrowers of Adverse Decisions When Part or All of the Decision Is Not Appealable [Not Used in Connection With Decisions Related to Nonprogram Applicants, Borrowers, or Property]
7:12.1.2.7.10.2.1.8.15 :
Exhibit C to Subpart B of Part 1900 - Letter for Notifying
Applicants, Lenders, Holders, and Borrowers of Adverse Decisions
When Part or All of the Decision Is Not Appealable [Not Used in
Connection With Decisions Related to Nonprogram Applicants,
Borrowers, or Property] UNITED STATES DEPARTMENT OF AGRICULTURE
Farmers Home Administration or its successor agency under Public
Law 103-354 (Insert Address) (Date)
Dear ______:
After careful consideration we [were unable to take favorable
action on your application/request for Farmers Home Administration
or its successor agency under Public Law 103-354 services] [are
cancelling/reducing the assistance you are presently
receiving].
(Insert and number all of the
specific reasons for the
adverse action. Examples of nonappealable reasons are listed in §
1900.55(a)).
If you have any questions about this action, we would like the
opportunity to explain in detail why your request has not been
approved, explain any possible alternative, or provide any other
information you would like. You may bring any additional
information you may have and you may bring a representative or
counsel if you wish. Please call (telephone number) for an
appointment.
Applicants and borrowers generally have a right to appeal
adverse decisions, but FmHA or its successor agency under Public
Law 103-354 decisions based on certain reasons are not appealable.
We have determined that the reason(s) numbered ____ for the
decision in this case make(s) the decision not appealable under
FmHA or its successor agency under Public Law 103-354 regulations.
You may, however, write the Area Supervisor, National Appeals Staff
(insert address) for a review of the accuracy of our finding that
the decision is not appealable, postmarked no later than (month)
____, (date) ____ (insert date 30 days from date of letter).
The Federal Equal Credit Opportunity Act prohibits creditors
from discriminating against credit applicants on the basis of race,
color, religion, national origin, sex, marital status, handicap, or
age (provided that the applicant has the capacity to enter into a
binding contract), because all or part of the applicant's income
derives from any public assistance program, or because the
applicant has in good faith exercised any right under the Consumer
Credit Protection Act. The Federal Agency that administers
compliance with the law concerning this creditor is the Federal
Trade Commission, Equal Credit Opportunity, Washington, DC
20580.
Sincerely, (Decision Maker) (County Supervisor may sign for County
Committee) (Title) [55 FR 9875, Mar. 16, 1990, as amended at 58 FR
52646, Oct. 12, 1993] Editorial Note:At 58 FR 52646, Oct. 12, 1993,
the Farmers Home Administration attempted to amend exhibit C of
subpart B of part 1900 by removing in the second paragraph the
words “(month) ____,”; however, because “(month) ____” does not
exist in the second paragraph, this amendment could not be
incorporated.
Exhibit D to Subpart B of Part 1900 - Hearings/Review Officer Designations
7:12.1.2.7.10.2.1.8.16 :
Exhibit D to Subpart B of Part 1900 - Hearings/Review Officer
Designations
Hearing/Review Officer Designations
Decisionmaker or
decision |
Hearing officer |
Review officer |
County
Supervisor |
National Appeals Staff Hearing
Officer |
State Director and/or
Director, National Appeals Staff. |
County
Committee |
National Appeals Staff Hearing
Officer |
State Director and/or
Director, National Appeals Staff. |
*District
Director, *State Program Chief, *District Specialist |
National Appeals Staff Hearing
Officer |
**State Director and/or
Director, National Appeals Staff. |
*State Director,
*Regional Director |
As appointed by Director,
National Appeals Staff |
Director, National Appeals
Staff. |
Division Director
or Assistant Administrator |
As appointed by Director,
National Appeals Staff |
Director, National Appeals
Staff. |
Assistant
Administrator |
As appointed by Director,
National Appeals Staff |
Director, National Appeals
Staff. |
Deputy or
Associate Administrator |
As appointed by Director,
National Appeals Staff |
Director, National Appeals
Staff. |
Notes
1. District Director also means Assistant District Director or
District Loan Specialist.
2. County Supervisor also means Assistant County Supervisor with
loan approval authority.
3. The Director of the National Appeals Staff may designate a
staff member to conduct a hearing or review. When the
hearing/review is completed, the designee will send the complete
case file, hearing notes, tape recordings, and a recommended
decision to the Director for a final decision. The Director may,
for individual cases, delegate final decision authority to a
designee.
4. For decisions not directly covered above, advice should be
sought from the Director of the National Appeals Staff.
5. An appellant may elect to have an appeal reviewed by the
State Director, or the Director of the National Appeals Staff. The
decision of the State Director will be subject to further review by
the Director of the National Appeals Staff upon request of the
appellant.
[58 FR 4065, Jan. 13, 1993]