7 C.F.R. § 764.53

Processing the complete application

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Upon receiving a complete loan application, the Agency will:

(a) Consider the loan application in the order received, based on the date the application was determined to be complete.

(b) Provide written notice to the applicant that the application is complete.

(c) Within 60 calendar days after receiving a complete loan application, the Agency will complete the processing of the loan request and notify the applicant of the decision reached, and the reason for any disapproval.

(d) Except for CL requests, if based on the Agency's review of the application, it appears the applicant's credit needs could be met through the guaranteed loan program, the Agency will assist the applicant in securing guaranteed loan assistance under the market placement program as specified in § 762.110(h) of this chapter.

(e) In the absence of funds for a direct loan, the Agency will keep an approved loan application on file until funding is available. At least annually, the Agency will contact the applicant to determine if the Agency should retain the application or if the applicant wants the application withdrawn.

(f) If funding becomes available, the Agency will resume processing of approved loans in accordance with this part.

[72 FR 63298, Nov. 8, 2007, as amended at 75 FR 54015, Sept. 3, 2010]

Notes of Decisions

Cited in 2 cases, 2015–2016 · leading case: Davis v. United States, 123 Fed. Cl. 235 (Fed. Cl. 2015).

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Davis v. United States, 123 Fed. Cl. 235 (Fed. Cl. 2015). · cites it 2× “In his appeal, plaintiff alleged the USDA engaged in racial discrimination and violated the timeliness requirements of the loan application process set out in 7 C.F.R. § 764.53 (c). Id.; App. to Def. Mot.”

Davis v. United States, 642 F. App'x 982 (Fed. Cir. 2016). “Davis appealed the FSA’s denial to the United States Department of Agriculture (“USDA”) Appeals Division, alleging that he had been racially discriminated against and that the FSA’s denial failed to meet the timing requirements for loan applications under 7 C.F.R. § 764.53 (c).…”

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