Appeals Office


	'The mission of the Office is to provide an independent, accessible, fair and timely appeals service for Department of Agriculture, Fisheries and Food scheme applicants, and to deliver that service in a courteous and efficient manner.'

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Notice of Appeal & Info Note

Contact

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What's New

Agriculture Appeals Office - Annual Report 2009

Single Payment Appeals

Find out about :

The Agriculture Appeals Office
How to make an Appeal?
Appeals Process
Oral Hearings
Schedule of Schemes Covered
Frequently asked questions
What can I do if my appeal is unsuccessful?
Who we are?
Freedom of Information

The Agriculture Appeals Office

The Agriculture Appeals Office is an independent agency established to provide an appeals service to farmers who are unhappy with decisions of the Department of Agriculture, Fisheries and Food regarding their entitlements under certain schemes. The Agriculture Appeals Act 2001, along with the Agriculture Appeals Regulations 2002, sets down the functions of the Director and the Appeals Officers, the decisions that may be appealed and the procedures to be followed in respect of agriculture appeals. Please see attached schedule regarding the current list of schemes that are covered.

How to make an appeal

Every appeal must be made in writing and addressed to: The Director, Agriculture Appeals Office, Kilminchy Court, Portlaoise, Co. Laois. A standard ‘Notice of Appeal' form is attached. Please note:

	The notice must be lodged within 3 months of notification of the decision under appeal. An appeal received after three months will only be accepted if the Director considers that there are exceptional circumstances.
	Before submission of an appeal to the Appeals Office, all internal review procedures within the Department of Agriculture, Fisheries and Food must be exhausted.
	The notice of appeal should contain a statement of all the facts and contentions upon which it is intended to rely in the appeal. Documentary evidence submitted in support of the appeal should be enclosed along with the notice of appeal.
	There is no charge for lodging an appeal.
	Each appeal is given a reference number and this number should be quoted when contacting the Agriculture Appeals Office.
	All appeals are acknowledged within 10 days of receipt.
	If you do not receive an acknowledgement letter within that time you should contact the office.

	Appeals Process

When a final decision issues from the Department of Agriculture, Fisheries and Food (i.e. after internal Department review), you will be notified of your option to appeal.

	The scheme applicant (appellant), dissatisfied with the decision, must complete a ‘Notice of Appeal' form and submit it to the Agriculture Appeals Office. .
	The Appeals Office requests from the Department of Agriculture, Fisheries and Food, the relevant file and a statement regarding the appellant's grounds of appeal. Your Grounds of Appeal will be forwarded to the Department of Agriculture, Fisheries & Food for their comments and observation.
	On receipt of the file and statement, the Director assigns the case to an Appeals Officer.

	Appellants are entitled to an oral hearing as part of their appeal.
	The Agriculture Appeals Office contacts the appellant to arrange an oral hearing if required, or if deemed necessary by the Appeals Officer.
	It is the policy of the office to discuss the appeal with the appellant. If no oral hearing takes place, the Appeals Officer will contact the appellant to discuss the appeal.
	The Appeals Officer considers all the evidence in full (including any evidence presented at an oral hearing if there was one). The Appeals Officer makes a determination on the appeal and notifies the appellant of the decision in writing, setting out the reasons for that decision. The Department will also be notified of the decision.

	Oral Hearings

Appellants are entitled to an oral hearing as part of their appeal.

	Oral hearings are held at a number of locations at a place and time convenient for appellants.
	Each case is assigned to an Appeals Officer, who will conduct the hearing.
	The Office will contact the appellant about the arrangements for the oral hearing.
	Hearings are held in private and will be as informal as possible. The purpose of the hearing is to allow the appellants to put forward their case and to hear the case being put forward by the Department.
	An appellant may be represented by another person at the oral hearing, however the appellant must attend the oral hearing in person .
	A Department official(s) familiar with the case will also attend the hearing.
	The appellant must notify the Appeals Office 5 working days in advance of anyone accompanying them at the oral hearing.
	The Appeals Officer will decide the format of the oral hearing on the day.
	The Appeals Officer may postpone or adjourn the hearing if deemed necessary.
	The Appeals Officer may admit any duly authenticated written statement or other material or document as prima facie evidence of any fact in any case in which he or she thinks appropriate.
	An Appeals Officer has the power to take evidence on oath or affirmation if deemed necessary.

Right of Review
Please note that a decision of an Appeals Officer is final and conclusive, except in the following four circumstances,
	An Appeals Officer may change a decision where there is new evidence, new facts or a relevant change in circumstances.
	On request, from either party, The Director of Agriculture Appeals may revise a decision where there has been a mistake made in relation to the law or the facts of the case.
	An appellant may wish to appeal the decision to the Office of the Ombudsman,18 Lower Leeson Street, Dublin 2. Tel: (01) 6395600.
	The High Court may revise a decision on a point of law.
Contact Details Address: Agriculture Appeals Office, Kilminchy Court, Portlaoise, Co. Laois Lo- Call: 1890 671671 Tel: (057) 8667167 Fax: (057) 8667177 e-mail: appeals.office@agriculture.gov.ie Web: www.agriappeals.gov.ie

Checklist before submission 1. Scheme is covered by the Agriculture Appeals Office (Please check list of schemes overleaf) Yes/No 2. Decision is within the last three months Yes/No 3. Internal review by the Department of Agriculture and Food completed, informing you of your right to appeal Yes/No 4. All information requested has been provided (including a copy of the decision) Yes/No You should have answered yes to all of the above

Schedule of Schemes Covered The Office deals with appeals under the following schemes; Afforestation Grant and Premium Scheme Agri-Environment Options Scheme (AEOS) Animal Welfare, Recording and Breeding Scheme for Suckler Herds Bio Energy Scheme Burren Farming for Conservation Programme Dairy Efficiency Programme Disadvantaged Areas Scheme EU Area Aid Scheme (including the Arable Aid Scheme) EU De-seasonalisation Slaughter Premium Scheme EU Ewe Premium Scheme EU Extensification Premium Scheme EU Slaughter Premium Scheme EU Special Beef Premium Scheme EU Suckler Cow Premium Scheme Farm Improvement Scheme Forest Environment Protection Scheme (FEPS) Forest Road Scheme Grassland Sheep Scheme Installation Aid Scheme (IAS) Native Woodland Scheme Neighbourwood Scheme Non-valuation aspects of the On-Farm Valuation Scheme for TB and Brucellosis Reactors Organic Farming Scheme Reconstitution of Woodland Scheme Rural Environment Protection Scheme (REPS) Scheme of Early Retirement from Farming Scheme of Grant-Aid for the Development of the Organic Sector Scheme of Grant-Aid for Improvements in Animal Welfare Standards (Sow Housing) Scheme of Investment Aid for Farm Waste Management (FWM) Scheme of Investment Aid for the Improvement of Dairy Hygiene Standards (DHS) Scheme of Investment Aid in Alternative Enterprises (Housing and Handling Facilities)(AES) Scheme of Investment Aid for Demonstration On-Farm Waste Processing Facilities Single Payment Scheme, excluding Article 37(2), 40 and 42 of Chapter 2 of Council Regulation (EC) No. 1782/2003 Sow Housing (Animal Welfare) Scheme Targeted Agricultural Modernisation Scheme (TAMS), including – (a) the Dairy Equipment Scheme (b) the Poultry Welfare Scheme (c) the Sheep Fencing/Mobile Handling Equipment Scheme (d) the Sow Housing Scheme, and (e) the Water Harvesting/Conservation Scheme Upland Sheep Payment Scheme Woodland Improvement Scheme Young Farmer’s Installation Scheme
Publications
	Annual Report 2010
	Annual Report 2009
	Tuarascáil Bhliantuil 2009
	Annual Report 2008
	Tuarascáil Bhliantúil 2008
	Annual Report 2007
	Tuarascáil Bhliantúil 2007
	Annual Report 2006
	Annual Report 2005
	Tuarascáil Bhliantúil 2005
	Tuarascáil Bhliantúil 2004
	Annual Report 2003
	Tuarascáil Bhliantúil 2003
	Annual Report 2002
	S.I. No 106 of 2011
	S.I. No 169 of 2008
	S.I. No 584 of 2006
	S.I. No. 65 of 2006
	Agriculture Appeals Act
	Agricultural Appeals Regulations 2002
	Agricultural Appeals Act 2001 (Amendment of Schedule) Regulations 2002

Contact

Notice of Appeal & Info Note

Links