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§400.679 Criteria for ineligibility.
Except as otherwise provided, a person is ineligible to participate in any program administered under the authority of the Act if the person meets one or more of the following criteria:
(a) Has a delinquent debt:
(1) The existence and delinquency of the debt must be verifiable.
(2) The person has to be provided a meaningful opportunity to contest the debt.
(3) If the person contests the debt, such action does not delay or preclude:
(i) Effect of the determination of ineligibility;
(ii) Determination or notification of ineligibility in accordance with §400.682;
(iii) Termination of the applicable crop insurance policies; or
(iv) Ineligible persons being reported in accordance with §400.682 or the ineligible persons being recorded in the ITS.
(4) If the person is determined not to owe the debt, eligibility is reinstated retroactive to the date of the determination of ineligibility, any applicable policies will be reinstated, and any applicable indemnity, prevented planting or replant payment earned may be paid provided the person has continued to comply with the terms of the policy;
(b) Is an individual and has been convicted of a controlled substance violation according to §400.680;
(c) Has been disqualified under section 515(h) of the Act.;
(d) Is an individual and is not a United States citizen, United States non-citizen national, or a qualified alien. Such individuals may not be recorded in the ITS; however, such individuals are ineligible under the provisions of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, 8 U.S.C. 1611;
(e) Has been suspended or debarred for committing a crime specified in 2 CFR part 180 or 2 CFR part 417, or 7 U.S.C. 2209j (Ineligibility determinations will not be stayed pending review. However, reversal of the determination of ineligibility will reinstate eligibility retroactive to the date of the determination of ineligibility, and any applicable policies will be reinstated)
(f) Has been debarred for knowingly doing business with a person debarred or suspended under 2 CFR part 180 or 2 CFR part 417 or 7 U.S.C. 2209j; or
(g) Has requested the Administrator of the Risk Management Agency for consideration to reinstate their eligibility in accordance with the applicable policy provisions and such request has been denied.
[79 FR 2079, Jan. 13, 2014, as amended at 79 FR 37161, July 1, 2014]