7 C.F.R. § 1580.401

Subsequent year petition recertification

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(a) Prior to the anniversary of the petition certification date:

(1) Groups or authorized representatives that provided the data to justify their initial petition shall provide the Administrator (FAS) data for the most recent marketing year, and

(2) The Administrator (FAS) shall make a determination with respect to the re-certification of petitions for the subsequent year by applying criteria as set forth in § 1580.203 of this part for the most recent marketing year.

(b) The Administrator (FAS) will promptly publish in the Federal Register the determination with the reasons for the determination.

(c) If a petition is re-certified, only eligible producers who did not receive training and cash benefits under this program may apply.

Notes of Decisions
Cited in 3 cases, 2007–2008 · leading case: Dus & Derrick, Inc. v. United States Sec'y of Agric., 469 F. Supp. 2d 1326 (Ct. Intl. Trade 2007).
Dus & Derrick, Inc. v. United States Sec'y of Agric., 469 F. Supp. 2d 1326 (Ct. Intl. Trade 2007). · cites it 3× “The Department concluded that because plaintiffs net fishing income for calendar year 2003 was not less than its net income for calendar year 2001, plaintiff failed to “meet the net income 3 requirement, in accordance with [ 7 C.F.R. § 1580.401 (e) (2005)],” and therefore was…”
T.W.R., Inc. v. United States Sec'y of Agric., 2008 CIT 59 (Ct. Intl. Trade 2008). · cites it 2× “(“AR”) at 1; see also 7 C.F.R. § 1580.401 (f) (stating that “[a]n eligible producer who did not apply for adjustment assistance in the initial year may apply [upon a re-certification]”).”
Dus & Derrick, Inc. v. United States Sec'y of Agric., 2008 CIT 19 (Ct. Intl. Trade 2008). “On March 7, 2005, the Department denied plaintiff’s application stating that plaintiff was “denied a TAA cash benefit because [it] failed to meet the net income *154 requirement, in accordance with 7 CFR Part 1580.401(e).” See Letter from Ronald Lord, Deputy Director Import…”
— 7 C.F.R. § 1580.401(e) — 2 cases
T.W.R., Inc. v. United States Sec'y of Agric., 2008 CIT 59 (Ct. Intl. Trade 2008). “(“AR”) at 1; see also 7 C.F.R. § 1580.401 (f) (stating that “[a]n eligible producer who did not apply for adjustment assistance in the initial year may apply [upon a re-certification]”).”
Dus & Derrick, Inc. v. United States Sec'y of Agric., 2008 CIT 19 (Ct. Intl. Trade 2008). “On March 7, 2005, the Department denied plaintiff’s application stating that plaintiff was “denied a TAA cash benefit because [it] failed to meet the net income *154 requirement, in accordance with 7 CFR Part 1580.401(e).” See Letter from Ronald Lord, Deputy Director Import…”
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