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Notes

7 C.F.R. §§ 718.303–718.305

3 sections in range

§718.303. Reliance on incorrect actions or information.

7 C.F.R. § 718.303

(a)
Notwithstanding any other law, if an action or inaction by a participant is based upon good faith reliance on the action or advice of an authorized representative of an FSA county or State committee, and that action or inaction results in the participant's noncompliance with the requirements of a covered program that is to the detriment of the participant, then that action or inaction still may be approved by the Deputy Administrator as meeting the requirements of the covered program, and benefits may be extended or payments made in as specified in § 718.305.
(b)
This section applies only to a participant who:
(1)
Relied in good faith upon the action of, or information provided by, an FSA county or State committee or an authorized representative of such committee regarding a covered program;
(2)
Acted, or failed to act, as a result of the FSA action or information; and
(3)
Was determined to be not in compliance with the requirements of that covered program.
(c)
This section does not apply to cases where the participant had sufficient reason to know that the action or information upon which they relied was improper or erroneous or where the participant acted in reliance on their own misunderstanding or misinterpretation of program provisions, notices or information.
Notes, amendments, and revision history

Amendments

[80 FR 41998, July 16, 2015]

Source

Source: 67 FR 66307, Oct. 31, 2002, unless otherwise noted.

Authority

Authority: 7 U.S.C. 1501-1531, 1921-2008v, 7201-7334, and 15 U.S.C. 714b.

Source

Source: 61 FR 37552, July 18, 1996, unless otherwise noted.

Amendments

[80 FR 41998, July 16, 2015]

§718.304. Failure to fully comply.

7 C.F.R. § 718.304

(a)
When the failure of a participant to fully comply with the terms and conditions of a covered program precludes the providing of payments or benefits, relief may be authorized as specified in § 718.305 if the participant made a good faith effort to comply fully with the requirements of the covered program.
(b)
This section only applies to participants who are determined by FSA to have made a good faith effort to comply fully with the terms and conditions of the covered program and have performed substantial actions required for program eligibility.
Notes, amendments, and revision history

Amendments

[80 FR 41998, July 16, 2015]

Source

Source: 67 FR 66307, Oct. 31, 2002, unless otherwise noted.

Authority

Authority: 7 U.S.C. 1501-1531, 1921-2008v, 7201-7334, and 15 U.S.C. 714b.

Source

Source: 61 FR 37552, July 18, 1996, unless otherwise noted.

Amendments

[80 FR 41998, July 16, 2015]

§718.305. Forms of relief.

7 C.F.R. § 718.305

(a)
The Administrator of FSA, Executive Vice President of CCC, or their designee, may authorize a participant in a covered program to:
(1)
Retain loans, payments, or other benefits received under the covered program;
(2)
Continue to receive loans, payments, and other benefits under the covered program;
(3)
Continue to participate, in whole or in part, under any contract executed under the covered program;
(4)
In the case of a conservation program, re-enroll all or part of the land covered by the program; and
(5)
Receive such other equitable relief as determined to be appropriate.
(b)
As a condition of receiving relief under this subpart, the participant may be required to remedy their failure to meet the program requirement, or mitigate its affects.
Notes, amendments, and revision history

Source

Source: 67 FR 66307, Oct. 31, 2002, unless otherwise noted.

Authority

Authority: 7 U.S.C. 1501-1531, 1921-2008v, 7201-7334, and 15 U.S.C. 714b.

Source

Source: 61 FR 37552, July 18, 1996, unless otherwise noted.