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Online Notice of Appeal – FAQ

Submitting an online appeal to the Agriculture Appeals Office (AAO)

 

Frequently Asked Questions

 

It is important to note that you cannot save the online form.  However, once completed and submitted you will receive an acknowledgment via email. 

  1. What is a Notice of Appeal Form (NOAF).

A NOAF, is the form that you need to complete and submit to the Agriculture Appeals Office if you want to appeal a decision by the Department of Agriculture, Food, and the Marine (DAFM) in relation to a scheme (see list of schemes in Appendix A).

  1. How do I submit an online appeal to the Agriculture Appeals Office.

You simply fill out an online NOAF ensuring you fill in all boxes marked with an Asterix *

  1. How much does an appeal cost.

There is no charge for lodging an appeal.

  1. What is an Appellant.

An Appellant is the person making the appeal and to whom the Department decision relates.

  1. I am a relative of a deceased person, can I appeal a decision.

Yes, if you can provide proof that you have the right to act as a representative of the estate of the deceased person. You will need to submit supporting documents as proof (upload documents under Supporting Information Documents tab) in section 3 of the online NOAF.  Documents accepted as proof may include Grant of Probate/Letters of Administration of Estate or Letters of Indemnity.

  1. Do I require a Herd Number to submit an online appeal.

You may submit an online appeal by using a Department of Agriculture, Food, and the Marine identifier for example this might be a Herd Number/ Contract Number/Scheme Number/Cereal Number/Partnership Number.

  1. What is an Eircode and where do I find it.

An Eircode is a seven-character postcode, each Eircode is unique to a postal address and its geographic location. You can find your Eircode by clicking here Find or check an Eircode, type in your address or use the map to find your home or business premises. When you find your property, if there is a building marker (noted by a pink dot) on the map, there is an Eircode for this property. Move the map so the target is over the building marker and click “Get Eircode”.

  1. I do not have an email address. Can I still submit an online appeal without one.

No, you cannot make an online appeal without an email address.  The Agriculture Appeals Office will be going paperless in the future, so it would be useful for you have an email address for future correspondence. However, if you do not have an email, you may currently still submit a hard copy appeal using the paper form available on the website here Agriculture Appeals Office - Home (agriappeals.gov.ie)    

  1. How do I know the exact name of the Scheme, the Year, the Date of the Department Review/Decision, and the name of the Department Officer.

All of this information will be contained on the Review/Decision letter you received from Department of Agriculture, Food, and the Marine, this is the letter that gives you the option to appeal to the Agriculture Appeals Office.

  1. What if the scheme that I want to appeal is not listed on the drop-down menu.

You can only appeal a scheme listed on the drop-down menu, however if you believe a scheme should be on this list, please contact the Agriculture Appeals Office for further information/clarification.  Contact details can be found below.

  1. I cannot see or find the information I need on the Review/Decision letter what should I do.

You need to contact the section/area in the Department that sent the letter to you and you will need to request from them, the information you are looking for/require.

  1. If I have no decision letter, can I appeal.

No, you are unable to submit an appeal unless you have the final Decision letter.  This is the letter you received from the Department giving you the option to appeal the Department’s decision to the Agriculture Appeals Office. The Department sometimes refer to the letter, as a review letter.

  1. Can I lodge an appeal if the Department’s decision was issued over 3 months ago.

 Where the Director considers there are exceptional circumstances an appeal may be made after 3 months. An ‘Out of Time’ box will populate in section 2 of the online NOAF, if your appeal is submitted over 3 months since the Department issued their decision.  Complete this section, explaining why the appeal is being submitted late and attach any additional information supporting your reason for having a late submission. The Director will decide whether there are exceptional circumstances.

  1. How do I upload documents.

Have the documents ready and saved on your computer or electronic device.  Press the ‘choose file’ button on the online NOAF, find where you have saved your document(s), double click the document with the mouse cursor and the document will upload to the NOAF.

  1. What does Grounds of Appeal mean on the online NOAF.

This is where you set out the reasons or grounds about why you are appealing the decision of the Department of Agriculture, Food, and the Marine.

  1. What supporting information documents are required.

Documents that you believe to be relevant and that support your grounds of appeal.  Example: Receipts, Invoices, Maps, Photographs/Geotagged Photos etc. You should ensure any document uploads are of good quality and clarity.

  1. Can I submit multiple supporting documents relating to my grounds of appeal.

You can upload up to fifty documents under the Document Uploads section on the online NOAF.

  1. My reasons for appealing are medical, what should I do.

Complete the grounds of appeal explaining medical issues and then upload any certified medical documents you have in section 3 under number 17. Certified Medical Information Document on the online NOAF. Personal data processed by the Agriculture Appeals Office will only be used for the specific purpose(s) as outlined in detail in the Data Protection section on the Office’s website Agriculture Appeals Office - Data Protection (agriappeals.gov.ie)

  1. I have a Representative/Advisor, what do I need to do.

You can add this information on the online NOAF, in section 4, tick box 18. and select the ‘add representative’ box and fill in the Name, Address, Email and Contact Number.

  1. Can I submit more than one Representative/Advisor.

Yes, you can submit a maximum of two people.

  1. I do not have a Representative/Advisor, do I need to complete this part of the form.

It is not necessary to have a Representative/Advisor. You do not need to complete this part of the form if you do not have one.

  1. I do not have an agent – can I ask somebody else to complete the NOAF for me.

The application must be submitted by the appellant.  Should you require assistance you may contact the AAO administrative team on 057 8667167 or by email at appeals@agriappeals.gov.ie   Please be aware that the AAO administrative team cannot actually complete the form for you, this action may only be completed by you.      

  1. Are there different ways I can have my appeal decided, what options do I have.

Yes, there are three options, a), b), and c);

  1. Oral hearing – This is where an in-person hearing takes place with an Appeals Officer, acting as chairperson, hearing the appellants grounds of appeal. A representative from the Department sets out the grounds for their decision at appeal.  The oral hearing also provides an opportunity for the Appeals Officer to examine the parties on the matters before him/her.

  2. Remote Oral Hearing - This is where an oral hearing takes place using the online video link, Webex (similar to ‘Zoom’ or ‘TEAMS’). The Appeals Officer, acting as chairperson, hears the appellants grounds of appeal and the Department’s grounds for decision at an oral hearing held online via computer/laptop at a date and time arranged by the Appeals Officer. A remote oral hearing also provides an opportunity for the Appeals Officer to examine the parties on the matters before him/her. It is the appellant’s responsibility to ensure they have access to broadband and the necessary equipment to participate at the hearing.

Please note that where a remote oral hearing is requested and an Appeals Officer is of the opinion an in-person oral hearing is required, an in-person oral hearing will be arranged.

  1. Non-Oral Hearing – This where an Appeals Officer assesses all information received from the appellant and the Department without holding an in person or online oral hearing with the parties. If deemed necessary, the Appeals Officer may contact the appellant or the Department during this process for additional information before issuing a decision.

 Please note that where an appellant has not opted for an oral hearing of their appeal, and the Appeals Officer is of the opinion an oral hearing is required, an in-person or remote oral hearing will be arranged.

  1. How long does an Oral Hearing take.

This depends on the complexities of the appeal.  Each appeal differs and, in this respect, we are unable to give an exact timeframe. Oral hearings are normally heard within a morning or an afternoon.  Oral hearings of more complex appeals may need both morning and afternoon.

  1. How many people can attend the Oral Hearing with me.

When completing the online NOAF you can add up to two representatives.  If you wish for more representatives to attend, this matter can be raised with the Appeals Officer once the appeal has been assigned.

  1. If I nominate a representative on the online NOAF to attend the Oral Hearing, can I then change this person before the Oral Hearing.

Yes, you will have the opportunity to inform the Agriculture Appeals Office of persons attending the Oral Hearing, prior to it taking place.

  1. If I am not in a position to nominate somebody when submitting the online NOAF, can I indicate who will attend, before the Oral Hearing.

Yes, you will have the opportunity to inform the Agriculture Appeals Office of persons attending the Oral Hearing, prior to it taking place.

  1. When the online NOAF is submitted, will I get confirmation of its receipt.

Once your online NOAF has been submitted, you will receive an acknowledgement to the email address you have submitted on the form.

  1. How long does it take to process an online NOAF.

You will receive an acknowledgement from the Agriculture Appeal Office of your appeal within 5 working days.

  1. Will a I/my Representative get a copy of my online NOAF.

Yes a copy of the online NOAF will be sent to you/and your Representative.

  1. If I apply online, will all correspondences from that point be via email.

Yes, all correspondence will be sent via email. 

  1. How do I contact the Agriculture Appeals Office.

The relevant contact details are set out below:

 

  1. Email              appeals@agriappeals.gov.ie
  2. Telephone     057 8667167  
  3. What can I do if my appeal is unsuccessful.

There are further options such as:

An Appeals Officer may, at any time revise any decision of an Appeals Officer, if it appears to him or her that the decision was erroneous in the light of new evidence or of new facts brought to his or her notice since the date on which it was given, or if it appears to him or her that there has been any relevant change of circumstances since the decision was given.

The Director may, at any time, revise any decision of an Appeals Officer, if it appears to him or her that the decision was erroneous by reason of some mistake having been made in relation to the law or the facts.

Any person dissatisfied with—(a) the decision of an Appeals Officer, or (b) the revised decision of the Director, may appeal that decision or revised decision, as the case may be, to the High Court on any question of law.

If you believe that your case may fall under either of these categories, you can email the Director outlining your case appeals@agriappeals.gov.ie.  

You may also contact the Office of the Ombudsman if you feel you have been unfairly treated by the Agriculture Appeals Office. Their website address is www.ombudsman.gov.ie.

Appendix A– Schemes which may be appealed to the AAO.

The Agriculture Appeals Office deals with appeals under the following schemes;

  • Agri-Climate Rural Environment Scheme (ACRES)
  • Agri-Climate Rural Environment Scheme Training Scheme
  • Afforestation Grant and Premium Scheme
  • Agri-Environment Options Scheme (AEOS)
  • Agri-Environment Pilot Project
  • Agri-Environment Training Scheme (AETS)
  • Animal Welfare, Recording and Breeding Scheme for Suckler Herds (AWRBS)
  • Areas of Natural Constraints (ANC)
  • Areas of Specific Constraint (Island Farming) Scheme (ASC)
  • Basic Income Support for Sustainability (BISS)
  • Basic Payment Scheme (BPS)
  • Beef Data Programme (BDP)
  • Beef Environmental Efficiency Programme (BEEP)
  • Beef Environmental Efficiency Programme – Suckler (BEEP-S)
  • Beef Exceptional Aid Measure (BEAM)
  • Beef Finisher Payment (BFP)
  • Beef Genomics Scheme (BGS)
  • Beef Data and Genomics Programme (BDGP)
  • Bio Energy Scheme
  • Burren Programme
  • Calf Investment Scheme (CIS)
  • Complementary Income Support for Young Farmers (CIS-YF)
  • Complementary Redistributive Income Support for Sustainability (CRISS)
  • Dairy-Beef Calf Programme
  • Dairy Beef Welfare Scheme
  • Dairy Efficiency Programme
  • Depopulation Scheme
  • Disadvantaged Areas Scheme (DAS) excluding Land Parcel Identification System Review 2013 (LPIS Review 2013)
  • Eco Scheme
  • Farm Improvement Scheme (FIS)
  • Fodder Support Scheme (FSS)
  • Forest Environment Protections Scheme (FEPS)
  • Forest Genetic Resources Reproductive Material: Seed Stand & Seed Orchard    Scheme
  • Forest Roads Scheme
  • Grant-Aid Scheme for Marts to facilitate their operation as Central Points of Recording (CPRS)
  • Green, Low-Carbon, Agri-Environment Scheme (GLAS)
  • Greening Payment
  • Grassland Sheep Scheme (GSS)
  • Hardship Grant Scheme
  • Horticulture Exceptional Payment Scheme (HEPS)
  • Income Supplement Scheme
  • Innovative Forest Technology Scheme – Central Tyre Inflation
  • Installation Aid Scheme (IAS)
  • Knowledge Transfer Programme (KT)
  • Native Woodland Conservation Scheme
  • Native Woodland Scheme
  • Neighbourhood Scheme
  • Nitrates Derogation Scheme
  • Non-valuation aspects of the On-Farm Valuation Scheme for TB and Brucellosis Reactors
  • Organic Farming Scheme
  • Organic Farming Scheme 3
  • Organic Processing Investment Grant Scheme
  • Pig Exceptional Payment Scheme (PEPS)
  • Pig Exceptional Payment Scheme 2 (PEPS)
  • Prevention and Restoration of Damage to Forests: Reconstitution of Woodland Scheme (Windblow)
  • Protein Aid Scheme
  • Protein/Cereal Mix (50/50) Crop Scheme
  • Protein (combi-crop) Scheme
  • Reconstitution of Underplanting Scheme (Ash Dieback)
  • Reconstitution of Woodland Scheme
  • Reconstitution of Woodland Scheme (Frost Damage)
  • Reconstitution Scheme (Chalara Ash Dieback) 2014-2020
  • Results-based, Agri-Environment Pilot Project (REAP)
  • 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 Development of the Commercial Horticulture Sector (excluding decisions on approval of applications)
  • 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
  • Sheep Improvement Scheme
  • Sheep Welfare Scheme
  • Single Payment Scheme, excluding Article 37(2), 40 and 42 of Chapter 2 of Council Regulation (EC) No 1782/2003 and Land Parcel Identification System Review 2013 (LPIS Review 2013)
  • Sow Housing (Animal Welfare) Scheme
  • Straw Incorporation Measure (SIM)
  • Suckler Carbon Efficiency Programme
  • Support for Collaborative Farming Grant Scheme
  • Targeted Agricultural Modernisation Scheme (TAMS), including – (RDP 2007-2013)
    • The Dairy Equipment Scheme
    • The Poultry Welfare Scheme
    • The Sheep Fencing/Mobile Handling Equipment Scheme
    • The Sow Housing Welfare Scheme
    • The Rainwater Harvesting Scheme, and
    • The Farm Safety Scheme
  • Targeted Agricultural Modernisation Scheme II (TAMS II) RDP 2014–2020)
    • The Animal Welfare, Safety and Nutrient Storage Scheme
    • The Dairy Equipment Scheme
    • The Low-Emission Slurry Spreading (LESS) Equipment Scheme
    • The Organic Capital Investment Scheme
    • The Pig and Poultry Investment Scheme
    • The Young Farmers Capital Investment Scheme, and
    • Tillage Capital Investment Scheme
  • The Scheme of EU aid for Producer Organisations in the Fruit and Vegetable Sector
  • The Scheme of Investment Aid for the Seed Potato Sector
  • Tillage Incentive Scheme
  • Traditional Farm Building Grant Scheme 2017 and 2018
  • Upland Sheep Payment Scheme
  • Weather Related Crop Loss Support Measure
  • Woodland Improvement Scheme
  • Young Farmers’ Installation Scheme
  • Young Farmers Scheme