---
kind: "section"
citation: "7 C.F.R. § 1470.36"
title: "7"
number: "1470.36"
heading: "Misrepresentation and scheme or device."
url: "https://uscodex.org/cfr/7/1470.36"
---

# §1470.36. Misrepresentation and scheme or device.

- (a) If NRCS determines that an applicant intentionally misrepresented any fact affecting a CSP determination, the application will be determined ineligible immediately.
- (b) A participant who is determined to have erroneously represented any fact affecting a program determination made in accordance with this part will not be entitled to contract payments and must refund to NRCS all payments, plus interest determined in accordance with [7 CFR part 1403](/cfr/7/part1403.md).
- (c) A participant will refund to NRCS all payments, plus interest determined in accordance with [7 CFR part 1403](/cfr/7/part1403.md), received by such participant with respect to all CSP contracts if they are determined to have—
  - (1) Adopted any scheme or device that tends to defeat the purpose of the program;
  - (2) Made any fraudulent representation;
  - (3) Adopted any scheme or device for the purpose of depriving any tenant or sharecropper of the payments to which such person would otherwise be entitled under the program; or
  - (4) **Misrepresented any fact affecting a program determination.**
- (d) Participants determined to have committed actions identified in [paragraph (c)](#c) of this section will have their interest in all CSP contracts terminated.

## Notes

### Authority

Authority: 16 U.S.C. 3839aa-21-3839aa-25.

### Source

Source: 84 FR 60891, Nov. 12, 2019, unless otherwise noted.