TOPEKA, KAN. (RFD-TV NEWS) — A recent federal court ruling says the Farm Service Agency cannot use internal handbook provisions to create eligibility restrictions for county committee candidates that are not supported by federal law or regulation.
Roger McEowen with the Washburn School of Law said the case reinforces limits on how federal agencies can determine eligibility.
“The big takeaway out of this case is that FSA has to follow the law just like everybody else,” McEowen said.
FSA Handbook Is Not Federal Regulation
McEowen said the case highlights the difference between internal agency guidelines and legally binding requirements.
An FSA handbook can provide instructions to agency employees about how to administer programs, but it cannot create new substantive eligibility requirements that are not found in law or regulation.
“An agency handbook is not a substitute for a regulation,” McEowen said.
If an agency wants to impose a substantive restriction on a farmer’s eligibility, he said, it needs legal authority to do so.
“An agency can’t make laws simply by putting something in an employee handbook,” McEowen said.
Marketing Assistance Program History
In the case, FSA cited the plaintiff’s history with the Marketing Assistance for Specialty Crops program as one reason for his ineligibility.
McEowen said the court found that FSA could not identify a regulation stating that an adverse determination under the program automatically disqualified someone from running for a county committee position.
“The court therefore wouldn’t allow the agency to create the disqualification through a handbook provision,” McEowen said.
Previous Senate Candidacy Also Considered
FSA also cited the plaintiff’s previous candidacy for the U.S. Senate.
McEowen said the political activity restrictions FSA relied on applied to people serving in FSA positions, such as county committee members, rather than someone simply seeking to become a candidate.
“So, the court essentially said, FSA, don’t confuse the rules for holding office with the rules for getting on the ballot,” McEowen said.
Farmers Can Ask Where the Law Creates the Restriction
McEowen said the ruling provides a practical reminder for farmers who are told they are disqualified from an FSA election.
“If a federal agency tells a farmer that you’re disqualified, the farmer should ask, what does the law say?” McEowen said.
He said farmers should determine whether the restriction is actually established by a statute or properly promulgated regulation rather than simply an agency handbook or internal policy.
McEowen also noted that timing can be important in election disputes.
“The court recognized that being improperly kept off an election ballot can cause irreparable harm,” he said.
Once an election is over, he said, the opportunity to participate cannot simply be restored.
MORE: FSA Cannot Disqualify County Committee Candidates Through Handbook Provisions
Read more of Roger McEowen’s thoughts on agricultural law and policy issues that matter to farmers and ranchers on his RFD Business Blog, Firm to Farm.
