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Arizona Personnel Meeting

Arizona Personnel Meeting. Appeals, Compliance, and Other Issues August 8-10, 2006. New Appeals Rule – 7 CFR 614. Published May 16, 2006, 71 FR 28,239 National Bulletin, 180-6-9, June 29, 2006 Appeals Rule – Attach. A Comparison of the 12/29/95 and 5/16/06 Rules – Attach. B

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Arizona Personnel Meeting

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  1. Arizona Personnel Meeting Appeals, Compliance, and Other Issues August 8-10, 2006

  2. New Appeals Rule – 7 CFR 614 • Published May 16, 2006, 71 FR 28,239 • National Bulletin, 180-6-9, June 29, 2006 • Appeals Rule – Attach. A • Comparison of the 12/29/95 and 5/16/06 Rules – Attach. B • Appeals/Mediation Steps/Procedures – Attach. C • Flowchart – Attach. D

  3. Major Changes --- • §614.6(a) – Agency records • §614.6(b) – Participant Notifications • §614.7(a ) – Preliminary Technical Determinations – All Programs • §614.7(b) – Reconsideration to STC if determination remains adverse

  4. Major Changes, cont’d. • §614.7(c) – STC Reconsideration • §614.7(d) – Waiver for immediate finality • §614.8 – Final Technical Determinations • §614.9 -- Program Decisions • §614.13 – Appealability Review by STC’s

  5. Farm Bill Programs – Adverse Decisions • Basis for the decision • Technical Determination? • If Yes, is the technical determination final? If not, you must include the technical determination in the program decision

  6. Farm Bill Programs – Adverse Decisions • Contract Administration? • If Yes, has participant been provided a reasonable period of time in which to correct the administrative violation?

  7. Farm Bill Programs – Adverse Decisions • Is Equitable Relief applicable? • Has there been a detrimental reliance on advice or action of an NRCS employee or representative that was incorrect or inappropriate – Misinformation/Misaction? • Has the participant failed to fully comply with the contract terms and conditions?

  8. Farm Bill Programs – Adverse Decisions • Should the STC assess a recovery of costs and/or liquidated damages? • Is the participant requesting cancellation by mutual agreement or is NRCS terminating the contract for cause? • If cancellation, does NRCS agree to the cancellation?

  9. Farm Bill Programs – Adverse Decisions • Cancellation • If cancellation is in the best interest of the public, has the participant received any cost-share payments? • Will there be an assessment of liquidated damages with the cancellation?

  10. Farm Bill Programs – Adverse Decisions • Termination for cause – breach of contract terms and conditions • Has the participant received any cost-share payments? • What should the STC assess in liquidated damages?

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