(a) The petition process will be administered by FAS. FAS will publish in the Federal Register the filing dates for commodity groups to file petitions.
(b) FSA will administer the producer application and payment process.
(c) State and county FSA committees and representatives do not have the authority to modify or waive any of the provisions of this part.
(d) The technical assistance process and the recommendation for approval of all producer business plans will be under the general supervision of NIFA. NIFA may award the technical assistance and services to a state cooperative extension service.
(e) The Deputy Administrator may, in consultation with the Administrator, FAS, authorize the State and County committees to waive or modify non-statutory deadlines or other program requirements in cases where lateness or failure to meet such other requirements by applicants does not adversely affect the operation of the program.
Notes of Decisions
Van Trinh v. United States Sec'y of Agric., 395 F. Supp. 2d 1259 (Ct. Intl. Trade 2005).
· cites it 2× “Moreover, in stressing Trinh’s failure to meet the regulatory deadline, despite the nearly de minimis nature of his original disqualification ($56), Agriculture disregarded the statute’s remedial purpose (and its own regulations, which, by allowing waiver of non-statutory…”
O'Toole v. U.S. Sec'y of Agric., 471 F. Supp. 2d 1323 (Ct. Intl. Trade 2007).
“”) (emphases added); see also 7 C.F.R. § 1580.501 (authorizing waiver/modification of non-statutory deadlines and other program requirements in appropriate circumstances) (discussed in Van Trinh, 29 CIT at-, 395 F.”
Truong v. United States Sec'y of Agric., 461 F. Supp. 2d 1349 (Ct. Intl. Trade 2006).
“This is not to say, however, that the agency could not invoke it’s regulation at 7 C.F.R. § 1580.501 to consider Ms. Truong’s claim.”
Nguyen v. United States Sec'y of Agric., 517 F. Supp. 2d 1329 (Ct. Intl. Trade 2007).
· cites it 2× “§ 2401e(a)(1)], or [was] instead governed by some non-statutory application deadline, which the agency has the discretion to waive or modify under 7 C.F.R. § 1580.501 .” Nguyen, 471 F.Supp.”
Kyong Truong v. United States Sec'y of Agric., 30 Ct. Int'l Trade 1512 (Ct. Intl. Trade 2006).
“This is not to say, however, that the agency could not invoke it’s regulation at 7 C.F.R. § 1580.501 to consider Ms. Truong’s claim.”
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