[Code of Federal Regulations]

[Title 7, Volume 4]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 7CFR276.6]



[Page 882]

 

                          TITLE 7--AGRICULTURE

 

    CHAPTER II--FOOD AND NUTRITION SERVICE, DEPARTMENT OF AGRICULTURE

 

PART 276_STATE AGENCY LIABILITIES AND FEDERAL SANCTIONS--Table of Contents

 

Sec. 276.6  Good cause.



    (a) When a State agency has failed to comply with provisions of the 

Act, the regulations issued pursuant to the Act, or the FNS-approved 

State Plan of Operation, and, thus, is subject to the suspension/

disallowance and injunctive relief provisions in Sec. Sec. 276.4 and 

276.5, FNS may determine that the State had good cause for the 

noncompliance. FNS shall evaluate good cause in these situations on a 

case-by-case basis, based on any one of the following criteria:

    (1) Natural disasters or civil disorders that adversely affect 

Program operations;

    (2) Strikes by State agency staff;

    (3) Change in the Food Stamp Program or other Federal or State 

programs that result in a substantial adverse impact upon a State 

agency's management of the Program; and

    (4) Any other circumstances in which FNS determines good cause to 

exist.

    (b) If FNS determines that food cause existed for a State agency's 

failure to comply with required provisions and standards, FNS shall not 

suspend or disallow administrative funds nor seek injunctive relief to 

compel compliance with the provisions and standards.



[Amdt. 168, 45 FR 77263, Nov. 21, 1980]