Parties requesting a case and also those that have an existing case with NAD may file 6 different request types. They may also file case-related documents electronically using NAD eFile. Filing a document electronically the filer must still serve the document on other parties to the case. However, if all parties in a case have elected to submit case-related documents electronically, then the filing of a document with the NAD eFile will constitute service of that document by the filer on the other party or parties. A non-Federal party may elect to file a document by postal delivery or other physical means instead of using NAD eFile. NAD recommends that parties with the capability to file documents electronically use NAD eFile when permitted.

B

In order for a party to use NAD eFile, the party or party's representative must first become a registered user by registering Using NAD eFile Upon completion of registration, the party may access NAD eFile from its log in page C using the e-mail address and password provided in the registration process. Once logged in, the party may use eFile to:

E

File one of seven requests:

• File an Appealability Request. A request for NAD to review the Agency adverse decision that states the adverse decision is not appealable;
• File an Appeal Request. A request for a hearing and/or hearing determination of an appealable agency adverse decision In the request, you must state why the Agency adverse decision is incorrect or erroneous;
• File a Request for Director Review A request to review the NAD Administrative Judge Appeal Determination, Jurisdictional or Failure to Appear determination, which are all reviewable by the NAD Director;
• File a Reconsideration of Director Review Determination. A request to review/reconsider the Review Determination issued by the NAD Director;
• File an Equal Access to Justice Act (EAJA) Request.A request for attorney"s fees and associated costs regarding your NAD case;
• File an EAJA Petition for Review request. Which is a request for review of an EAJA denial for fees on your NAD Case;
• File a Freedom of Information Act (FOIA) request. A request for specific information regarding NAD-related information or a NAD case;

Other E-file services:

• View case-related information and download documents to your NAD case(s);
• Upload additional information on their existing NAD eFile case(s).

Each request form specifies what is needed for each request type. Here is a reiteration of the required information/uploaded documents for each type:

PLEASE NOTE: You must have the capability to scan a signed request and create a PDF file in order to upload the Agency decision and/or your signed request. Uploaded requests and/or agency decisions must show your signature and must be in PDF file format.

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To file an Appealability request, you will need - 1) Agency Appealability Determination (letter from Agency stating that their adverse decision is not appealable; 2) Date Agency Determination received; *3) signed request for appealability determination -OR- a brief explanation why you disagree with the agency decision. *See Electronic Signature section below - uploading a signed request is optional.
PLEASE NOTE: You must have the capability to scan a signed request and create a PDF file in order to upload the Agency decision and/or your signed request. Uploaded requests and/or agency decisions must show your signature and must be in PDF file format.?

To efile an Appeal, you will need - 1) Agency Adverse decision; 2) Date Agency Adverse Decision Received; *3) Signed Request for Appeal -OR- a brief explanation why you disagree with the Agency adverse decision. *See Electronic Signature section below - uploading a signed request is optional
PLEASE NOTE: You must have the capability to scan a signed request and create a PDF file in order to upload the Agency decision and/or your signed request. Uploaded requests and/or agency decisions must show your signature and must be in PDF file format.?

To efile a Director Review, you will need - *1) Signed Request for Director Review of NAD Administrative Judge Appeal Determination (includes Jurisdictional and Failure to Appear determinations) -OR- specific reasons why you believe the Administrative Judge decision is wrong. *See Electronic Signature section below - uploading a signed request is optional.
PLEASE NOTE: You must have the capability to scan a signed request and create a PDF file in order to upload the Agency decision and/or your signed request. Uploaded requests and/or agency decisions must show your signature and must be in PDF file format.

To efile a Reconsideration of Director Review Determination request, you will need - 1) Uploaded request for Reconsideration - must include detailed statement of material error of fact made in the Director Review determination OR a detailed explanation of how the Director Review determination is contrary to statute or regulation.
PLEASE NOTE: You must have the capability to scan a signed request and create a PDF file in order to upload the Agency decision and/or your signed request. Uploaded requests and/or agency decisions must show your signature and must be in PDF file format.?

*To file an EAJA Request -You will need to upload the EAJA request in its entirety. Included below for your convenience is the excerpt from the Hearing Guide - REQUIREMENTS FOR FILING an EAJA REQUEST - which identifies what is needed for an EAJA request. You may also find this information at the NAD Web site (www.nad.usda.gov) - NAD Hearing Guide - beginning on Page 64.
PLEASE NOTE: You must have the capability to scan a signed request and create a PDF file in order to upload the Agency decision and/or your signed request. Uploaded requests and/or agency decisions must show your signature and must be in PDF file format.

*To file an EAJA Petition for Review Request - You will need to upload the EAJA Petition for Review request in its entirety. Be sure to specify any modified fee information in your requests. Included below for your convenience is the excerpt from the Hearing Guide - REQUIREMENTS FOR FILING an EAJA REQUEST - which identifies what is needed for an EAJA request. You may also find this information at the NAD Web site (www.nad.usda.gov) - NAD Hearing Guide - beginning on Page 64.
PLEASE NOTE: You must have the capability to scan a signed request and create a PDF file in order to upload the Agency decision and/or your signed request. Uploaded requests and/or agency decisions must show your signature and must be in PDF file format.

P To efile a FOIA Request, you will need - 1) Requestor First and Last Name, 2) email address 3) uploaded FOIA Request document or text explanation of FOIA request. Please complete other fields as information is available: address, city, state and zip, phone and fax numbers, and NAD Case ID number if applicable.

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(Visit the NAD Web Site at www.nad.usda.gov - Hearing OfficerGuide link for further information regarding EAJA)
1.Requirements. 7 C.F.R. An application for an award of fees and expenses under EAJA shall:

• identify the applicant and the NAD case number for which an award is sought;
• show that the applicant prevailed in whole or in part in the appeal;
• identify the position of the agency that the applicant alleges was not substantially justified, and briefly state the basis for such allegation;
• state the number of employees of the applicant and describe the type and purpose of its organization or business, if the applicant is not an individual;
• contain a statement that the applicant's net worth does not exceed $2 million (if an individual) or $7 million (for all other applicants, including their affiliates). An applicant may omit this statement if it is a tax-exempt organization or cooperative association that meets the requirements in 7 C.F.R. 1.190(b) (see Section 7 II.A.2);
• document the fees and expenses, including the cost of any study, analysis, engineering report, test, project, or similar matter, for which an award is sought;
• attach affidavits from any attorney, agent, or expert witness, stating the actual time expended and the rate at which fees and other expenses were computed and describing the specific services performed. The affidavit must state the hourly rate that was billed and paid by the majority of clients during the relevant time period. If no hourly rate is paid by the majority of clients because, for instance, the attorney or agent represents most clients on a contingency basis, the attorney or agent must provide information about two attorneys or agents with similar experience, who perform similar work, stating their hourly rate;
• include a description of any expenses for which reimbursement is sought and a statement of the amounts paid and payable. The adjudicative officer may require the applicant to provide vouchers, receipts, or other substantiation for any fees or expenses claimed; and include any other matters the applicant wishes the decisionmaker to consider.

To be considered timely filed, documents filed electronically must be uploaded to NAD eFile by 11:59 P.M. local time on the day that the filing is due. Calendar days include weekends and federal holidays; business days do not includes weekends and holidays.

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The use of NAD eFile to file a document fulfills any signature requirement applicable to the party or representative who made the filing. (The e-mail address and password used by the representative to access NAD eFile will serve as the filer's electronic signature on documents that would ordinarily contain or are required to contain the filer's signature.) The electronic copy of a document authored by a person other than the party's representative - for example, Authorization for a Representaive - must be in an electronic format (typically, PDF) that captures the actual physical signature.



At all times, an electronic filer assumes the risk of all errors not solely attributable to a NAD eFile malfunction that may result in the inability to complete an electronic filing. If the filer experiences problems with the NAD eFile before 5:00 P.M. their local time, please contact the appropriate region. The states covered by each region are listed in parentheses below the regional office:

F

NAD Eastern Regional Office Phone: (800) 541-0457 TDD: (800) 791-3222
Email: ERO.Notices@nad.usda.gov
(MN, IA, MO, WI, IL, MI, IN, KY, OH, WV, VA, PA, NY, ME, VT, NH, MA, RI, CT, NJ, MD, DE)

NAD Southern Regional Office Phone: (800) 552-5377 TDD: (800) 627-8332
Email: SRO.Notices@nad.usda.gov
(AR, LA, MS, AL, TN, GA, FL, NC, SC, Puerto Rico)

NAD Western Regional Office Phone: (800) 541-0483 TDD: (800) 497-0253
Email: CAU.West@nad.usda.gov
(CA, OR, WA, ID, NV, AZ, UT, MT, WY, CO, NM, ND, SD, NE, KS, OK, TX, AK, HI)

After 5:00 P.M. local time, the filer should notify the regional on the next business day and provide supporting evidence of the problem, such as a copy of an error message or screen print of an error page.

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If you prefer to submit your request via another means (e.g mail or fax), you may submit your request to the appropriate regional office listed above. Additionally, if you decide to change from eFiling to paper filing, you can do so by contacting the region.

For paper filings (Appeal Requests): An appeal must be in writing and must be submitted by the participant who receives the adverse decision. The appeal must be signed personally by an appellant, but need not be notarized. An appeal request form can be downloaded here.

An appeal must be received in the Regional Office no later than 30 calendar days after the participant first received notice of the adverse decision. The appeal should state what agency decision is being appealed and should include, if possible, a copy of the adverse decision and a brief statement of why the decision is wrong. A copy of the appeal request should be sent to the agency.


T Agency - the agency who issued the party(ies) the adverse decision.

S Appealability - Sometimes an agency may state that an adverse decision is not appealable. In that case, you may ask the NAD Director whether that is true. NAD calls this an Appealability. Simply send a letter to the appropriate NAD regional office, along with a copy of any written adverse determination you received, asking whether you may appeal to NAD. The NAD Director will determine if the adverse decision is a matter of general applicability and not subject to appeal, or adverse to a program participant and thus appealable. If the NAD Director determines that you may appeal, your case will be assigned to a NAD Administrative Judge.

H Appellant Representative - This is someone who has been given authority by the Primary Participant to act on the Primary Participant's behalf. The appellant representative must upload an appellant representative, with the primary participant's original signature, giving the appellant representative authority to act on their behalf. The appellant representative will not be able to complete the eFile request without the Appellant Representative .pdf document upload.

• Business days - days of the week that most federal government agencies conduct business. Does not include weekends and federal holidays.

Q Calendar days - includes weekends and federal holidays

O Case-specific requests - requests that are specific to your case(s) with NAD.

• EAJA - Equal Access to Justice Act. For NAD purposes, EAJA supports the participant's right to claim associated attorney fees and costs.

N eFile Case Listing page - this is where all your NAD eFile cases will be listed within the eFile system. You can select any of your NAD eFile cases and modify; uploading additional documents for example.

• Estate - the adverse decision issued by the Agency may be adverse to the Estate, not the individual requesting the appeal. Therefore, the Estate is the Primary Participant.

A FOIA - The Freedom of Information Act (FOIA) is a federal law that allows any person the right to obtain federal agency records unless the records (or part of the records) are protected from disclosure by any of the law's exemptions.

• NAD - National Appeals Division; part of the U.S. Department of Agriculture;

I Primary Participant Last Name / Business Entity - the appealing party may not be an individual but a Business Entity. This will be handled when you make your new efile request. However the PERSON appealing should submit their information in the Registration portion of eFile.
L Primary Participant Address - physical address of Primary Participant receiving the adverse decision;
K Property Address - the address of the property that is the subject of the Agency adverse decision. This may differ from the primary participant's address.
D r - Required field. The form will not save unless all required fields are populated.



Appeal Request form (for paper filing):
Appeal Request Form