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Code of Federal Regulations (Last Updated: July 5, 2024) |
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Title 7 - Agriculture |
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Subtitle B—Regulations of the Department of Agriculture |
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Chapter VII—Farm Service Agency, Department of Agriculture |
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SubChapter D—Special Programs |
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Part 760 - Indemnity Payment Programs |
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Subpart Q - Milk Loss Program |
§ 760.1711 - Limitation of authority.
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§ 760.1711 SetoffsLimitation of authority.
(a) If the affected farmer or manufacturer is indebted to any agency of the United States and such indebtedness is listed on the county debt record, milk loss payments due the affected farmer the regulations in this part will be applied, as provided in the Secretary's setoff regulations, 7 CFR part 13, to such indebtedness.
(b) Compliance with the provisions of this section will not deprive the affected farmer of any right he would otherwise have to contest the justness of the indebtedness involved in the setoff action, either by administrative appeal or by legal action.
FSA county executive directors and State and county committees do not have authority to modify or waive any of the provisions of the regulations in this subpart.
(b) The FSA State committee may take any action authorized or required by the regulations in this subpart to be taken by the FSA county committee when such action has not been taken by the FSA county committee. The FSA State committee may also:
(1) Correct, or require a county committee to correct, any action taken by such county committee which is not in accordance with the regulations in this subpart; or
(2) Require a county committee to withhold taking any action which is not in accordance with the regulations in this subpart.
(c) No delegation herein to a State or county committee will preclude the Deputy Administrator or designee from determining any question arising under the regulations in this subpart or from reversing or modifying any determination made by a State or county committee.
[84 FR 48534, Sept. 13, 2019. Redesignated and amended at 88 FR 62290, 62292, Sept. 11, 2023]