Barbara Brewer v. Edward R. Madigan, Etc., 945 F.2d 449 (1991)

Citation: Barbara Brewer v. Edward R. Madigan, Etc., 945 F.2d 449 (1991)
Parent Document: Barbara Brewer v. Edward R. Madigan, Etc., 945 F.2d 449 (1991)
Jurisdiction: United States (federal)
Effective Date: 1991-09-26
Original Source: https://www.courtlistener.com/opinion/569091/barbara-brewer-v-edward-r-madigan-etc/ ↗

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42 U.S.C. § 1480(g). A plain reading of the statute reveals that it simply imposes two specific conditions on the rulemaking powers conferred upon the Secretary. Tenants of FmHA-subsidized housing whose assistance is altered to their detriment must be given, first, written notice of the adverse decision and, second, at least an opportunity to appeal and present additional information to a person, other than the original decisionmaker, with the authority to reverse the decision. Nothing in the terms of the statute expressly requires a judicial or an administrative review process. No mention of either process is made, nor is there any reference to any judicial, intra-agency or administrative mechanism. Thus, a fair assessment of the statute reveals language broad enough to allow for either interpretation.

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