[Code of Federal Regulations]
[Title 7, Volume 7, Parts 700 to 899]
[Revised as of January 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR759.12]

[Page 395-396]
 
                          TITLE 7--AGRICULTURE
 
                            CHAPTER VII--FARM
                SERVICE AGENCY, DEPARTMENT OF AGRICULTURE
 
PART 759--SMALL HOG OPERATION PAYMENT PROGRAM--Table of Contents
 
Sec. 759.12  Refunds; joint and several liability.

    (a) In the event there is a failure to comply with any term, 
requirement, or condition for payment arising under the application, or 
this part, and if any

[[Page 396]]

refund of a payment to FSA shall otherwise become due in connection with 
the application, or this part, all payments made under this part to any 
hog operation shall be refunded to FSA together with interest as 
determined in accordance with paragraph (c) of this section and late-
payment charges as provided for in part 1403 of this chapter.
    (b) All persons listed on a hog operation's application shall be 
jointly and severally liable for any refund, including related charges, 
which is determined to be due for any reason under the terms and 
conditions of the application or this part.
    (c) Interest shall be applicable to refunds required of the hog 
operation if FSA determines that payments or other assistance were 
provided to the producer was not eligible for such assistance. Such 
interest shall be charged at the rate of interest which the United 
States Treasury charges the Commodity Credit Corporation (CCC) for 
funds, as of the date FSA made such benefits available. Such interest 
shall accrue from the date such benefits were made available to the date 
of repayment or the date interest increases as determined in accordance 
with applicable regulations. FSA may waive the accrual of interest if 
FSA determines that the cause of the erroneous determination was not due 
to any action of the hog operation.
    (d) Interest determined in accordance with paragraph (c) of this 
section shall not be applicable to refunds required of the hog operation 
because of unintentional misaction on the part of the hog operation, as 
determined by FSA.
    (e) Late payment interest shall be assessed on all refunds in 
accordance with the provisions of, and subject to the rates prescribed 
in, 7 CFR part 792.
    (f) Hog operations must refund to FSA any excess payments made by 
FSA with respect to such application.
    (g) In the event that a benefit under this subpart was provided as 
the result of erroneous information provided by any person, the benefit 
must be repaid with any applicable interest.