§ 1489.30 - Anti-fraud requirements.

§ 1489.30 Anti-fraud requirements.

(a) All ATP RAPP Participants.

(1) All ATP RAPP Participants shall submit to the CCC for approval a detailed fraud prevention program. The CCC will notify all new and existing ATP RAPP Participants in writing in each Participant's approval letter and through the FAS website as to applicable submission dates for and dates for approvals of fraud prevention programs. ATP RAPP Participants should review their fraud prevention programs annually. The fraud prevention program shall, at a minimum, include an annual review of physical controls and weaknesses, a standard process for investigating and remediation of suspected fraud cases, and training in risk management and fraud detection for all current and future employees. The ATP RAPP Participant shall not conduct or permit any ATP RAPP promotion activities to occur unless and until the CCC has communicated in writing approval of the ATP RAPP Participant's fraud prevention program.

(2) The ATP RAPP Participant, within five business days of receiving an allegation or information giving rise to a reasonable suspicion of misrepresentation or fraud that could give rise to a claim by CCC, shall report such allegation or information in writing to such USDA personnel as specified in the Participant's ATP RAPP program agreement and/or approval letter. The ATP RAPP Participant shall cooperate fully in any USDA investigation of such allegation or occurrence of misrepresentation or fraud and shall comply with any directives given by the CCC or USDA to the ATP RAPP Participant for the prompt investigation of such allegation or occurrence.

(b) ATP RAPP Participants with brand programs.

(1) The ATP RAPP Participant may charge a fee to brand participants to cover the cost of the fraud prevention program.

(2) The ATP RAPP Participant shall repay to the CCC funds paid to a brand participant through the ATP RAPP Participant on claims that the ATP RAPP Participant or the CCC subsequently determines are unauthorized or otherwise non-reimbursable expenses within 30 days of the ATP RAPP Participant's determination or CCC's disallowance. The ATP RAPP Participant shall repay CCC by submitting a check to CCC or by offsetting the ATP RAPP Participant's next reimbursement claim. The ATP RAPP Participant shall make such payment in U.S. dollars, unless otherwise approved in advance by CCC. An ATP A RAPP Participant operating a brand program in strict accordance with an approved fraud prevention program, however, will not be liable to reimburse CCC for ATP RAPP funds paid on such claims if the claims were based on misrepresentations or fraud of the brand participant, its employees or agents, unless the CCC determines that the ATP RAPP Participant was grossly negligent in the operation of the brand program regarding such claims. The CCC shall communicate any such determination to the ATP RAPP Participant in writing.