U.S. DEPARTMENT OF AGRICULTURE
WASHINGTON, D.C. 20250
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DEPARTMENTAL REGULATION |
Number: 4370-002 |
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SUBJECT: Providing a Receipt for Service or
Denial of Service by the Farm Service Agency, the Natural Resources
Conservation Service, the Rural Business Service, the Rural Housing Service,
and the Rural Utilities Service. |
DATE: November 28,
2011 |
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OPI: |
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1. PURPOSE
This Departmental Regulation (DR) implements section 14003 of the Food, Conservation and
Energy Act of 2008 (7 U.S.C. §2279-1(e), “section 14003"). This DR establishes the procedures and policy
for the Farm Service Agency, the Natural Resources Conservation Service, the Rural
Business Service, the Rural Housing Service, and the Rural Utilities Service to
issue a receipt, upon request, for each benefit or service sought by any
inquirer, applicant, or customer, and to note the action taken or recommended
to be taken.
2. SPECIAL INSTRUCTIONS/CANCELLATION
This DR cancels and supersedes any
instruction, procedure, or policy issued by the Farm Service Agency, the
Natural Resources Conservation Service, the Rural Business Service, the Rural
Housing Service, and the Rural Utilities Service on Receipt for Service.
3. POLICY
a. All Agencies listed above shall provide
a receipt for service or denial of service upon request by any inquirer,
applicant, or customer, denoting the date, place, subject of the request or
inquiry, and the action taken, not taken, or recommended by such Agency. All Agencies shall use form AD-2088 as such a
receipt.
b. This DR provides the format and
procedures that each Agency listed above will follow in complying with section
14003 and this DR.
4. BACKGROUND
Following the enactment of the 2008 Farm
Bill, the Farm Service Agency, the Natural Resources Conservation Service, the
Rural Business Service, the Rural Housing Service, and the Rural Utilities
Service released, at various times, interim guidance to state offices, area
offices, and service centers on how to comply with section 14003. Such guidance is superseded by this DR. Each Agency is required to issue new guidance
in compliance with this DR.
5. ABBREVIATIONS/DEFINITIONS
Within the context of this DR, the
following definitions apply:
a. Agency.
A major program organizational unit of the Department of Agriculture
(“USDA”) with delegated authorities to deliver rural development, agricultural
or food programs, activities, benefits, and services, i.e. the Farm Service
Agency (“FSA”), the Natural Resources Conservation Service (“NRCS”), the Rural
Business Service, the Rural Housing Service, and the Rural Utilities Service
(collectively, “the Rural Development Mission Area” or “RD”).
b. Applicant. A person or legal entity who has submitted an
application for benefits or services provided by an Agency, whether such
application is complete or incomplete.
c. Benefit. Any Federal financial assistance or support
provided by an Agency to the public.
d. Customer. A person or legal entity that has requested
or received any benefits or services provided by an Agency.
e. Date of the Request. The calendar day, month, and year on which an
inquirer, applicant, or customer asks for a benefit or service from an Agency.
f. Inquirer. A person or legal entity who requests
information about any benefit or service provided by an Agency.
g. Landowner. A person or legal entity who is in legal
possession of real property.
h. Legal entity. A corporation, partnership, joint operation,
cooperative, limited liability corporation, trust, or association doing
business.
i. Person. An individual, natural person. Person does not include a legal entity.
j. Producer. A person or legal entity engaged in the production
of agriculture.
k. Place.
The address of the inquirer, applicant, or customer requesting a Receipt
for Service, or the address of the area to which the benefit or service sought
would be applied.
l. Receipt. The Department of Agriculture’s form, AD
2088, a document showing compliance by the Agency with this DR and section
14003.
m. Service.
Any program, practice, or procedure provided to the public, including
technical assistance, by an Agency.
6. PROCEDURES
a. Each Agency shall instruct its field
employees by providing guidance about how to comply with the Receipt for
Service provision of the 2008 Farm Bill (section 14003 of the Food,
Conservation and Energy Act of 2008 (7 U.S.C. §2279-1(e)). Such guidance shall be consistent with this
DR. Each Agency shall require that when
any inquirer, applicant, or customer who seeks information about or requests
any benefit or service provided by the Agency, upon request, he or she shall be
given a receipt (form AD-2088) by such Agency denoting the date, place, subject
of the request or inquiry, and the action taken, not taken, or recommended by
such Agency. Such a receipt shall be
provided on the same date the inquiry or request is made or received in person;
in the case of inquiries or requests made by FAX, email, or mail, including if
such FAX, email, or mail is received during non-business hours, the receipt
shall be provided the next business day.
b. The Office of Advocacy and Outreach
shall maintain a toll-free telephone number to allow any inquirer, applicant,
or customer to report failure to comply with this policy. Agencies shall display an informational poster
in offices that provide the toll-free number.
7. RESPONSIBILITIES
Each Agency shall instruct its field
staff on the Receipt for Service procedures reflected in this DR and the use of
form AD-2088 within 30 days of the issuance of this DR.
Failure to comply with the instructions
in this DR could result in disciplinary action.
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