§ 1485.24 - Compliance reviews and notices.

§ 1485.24 Compliance reviews and notices.

(a) USDA staff may conduct compliance reviews of MAP Participantsthe Participant's activities under the MAP program. MAP this program to ensure compliance with this subpart, applicable Federal laws and regulations, and the terms of the agreements and approval letters. Participants shall cooperate fully with relevant USDA staff conducting compliance reviews and shall comply with all requests from USDA staff to facilitate the conduct of such reviews. Program funds spent inappropriately or on unapproved activities must be returned to CCC.

(b) Any project or activity funded under the program is subject to review or audit at any time during the course of implementation or after the completion of the project.

(c) Upon conclusion of the compliance review, USDA staff will provide

either

a written compliance report

or a letter

to the

MAP

Participant.

USDA staff will issue a

The compliance report

if

will detail any instances where it appears that

CCC may be entitled to recover funds from that Participant and/or it appears that

the Participant is not complying with any of the terms or conditions of the

program

agreement, approval letter, or the applicable laws and regulations. The

compliance

report will also specify if it appears that CCC may be entitled to recover funds from the Participant and will explain the basis for any recovery of funds from the Participant.

Within 30 days of the date of the compliance report, the MAP Participant shall repay CCC the amount owed either by submitting a check payable to CCC or by offsetting its next reimbursement claim. The MAP Participant shall make such payment in U.S. dollars, unless otherwise approved in advance by CCC.

If,

however, a MAP Participant notifies CCC within 30 days of the date of the compliance report that the Participant intends to file an appeal pursuant to § 1485.24(e), the amount owed to CCC by the MAP Participant is not due until the appeal procedures are concluded and CCC has made a final determination

as

to the amount owed. In the absence of any finding of funds due to CCC or other non-compliance, CCC will issue

a

letter to the MAP Participant. If, as a

result of a compliance review, CCC determines that further review is needed in order to ensure compliance with the requirements of

MAP

the program, CCC may require the Participant to contract for an independent audit.

(

c

d) In addition, CCC may notify a

MAP

Participant in writing at any time if CCC determines that CCC may be entitled to recover funds from the Participant. CCC will explain the basis for any recovery of funds from the Participant in the written notice. The

MAP

Participant shall, within 30 calendar days of the date of the notice, repay CCC the amount owed either by submitting a check payable to CCC or by offsetting its next reimbursement claim. The

MAP

Participant shall make such payment in U.S. dollars, unless otherwise approved in advance by CCC. If, however, a

MAP

Participant notifies CCC within 30 calendar days of the date of the written notice that the Participant intends to file an appeal pursuant to

§ 1485.24(e)

the provisions of this subpart, the amount owed to CCC by the

MAP

Participant is not due until the appeal procedures are concluded and CCC has made a final determination as to the amount owed.

(

d

e) The fact that a compliance review has been conducted by USDA staff does not signify that a

MAP

Participant is in full compliance with its

program

agreement, approval letter, and/or applicable laws and regulations.

(

e) Appeals.

f) For a Participant response to compliance report:

(1) A

MAP

Participant

may

shall, within 60 calendar days of the date of the issuance of a compliance report

or written notice from CCC

, submit a written response to CCC

appealing the report or notice. CCC

. The response may include additional documentation for consideration or a request for reconsideration of any finding along with supporting justification. If the Participant does not wish to contest the compliance report, the response shall include any money owed to CCC, which may be returned by submitting a check payable to CCC or by offsetting a reimbursement claim. The Participant shall make any payments in U.S. dollars, unless otherwise approved in advance by CCC. CCC, at its discretion, may extend the period for response.

(2) After

review of

reviewing the

Participant's

response, CCC shall determine whether the Participant owes any funds to CCC and will inform the Participant in writing of the basis for the determination. CCC

will

may initiate action to collect such amount by providing the Participant a written demand for payment of the debt pursuant to

Debt Settlement Policies and Procedures

debt settlement policies and procedures, 7 CFR part 1403.

(

3)

g) For Participant appeals of CCC determinations:

(1) Within 30 calendar days of the date of the issuance of a determination, the Participant may appeal the determination by making a request in writing that

CCC reconsider the determination and shall submit in writing the

includes the basis for such reconsideration. The Participant may also request a hearing.

(

4

2) If the Participant requests a hearing, CCC will set a date and time for the hearing. The hearing will be an informal proceeding. A transcript will not ordinarily be prepared unless the Participant bears the cost of a transcript; however, CCC may

in

, at its discretion, have a transcript prepared at CCC's expense.

(

5

3) CCC will base its final determination upon information contained in the administrative record. The Participant must exhaust all administrative remedies contained in this section before pursuing judicial review of a determination by CCC.