[Code of Federal Regulations]
[Title 7, Volume 10]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR1400.2]

[Page 324-325]
 
                          TITLE 7--AGRICULTURE
 
  CHAPTER XIV--COMMODITY CREDIT CORPORATION, DEPARTMENT OF AGRICULTURE
 
PART 1400_PAYMENT LIMITATION AND PAYMENT ELIGIBILITY--Table of Contents
 
                      Subpart A_General Provisions
 
Sec.  1400.2  Administration.

    (a) The regulations in this part will be administered under the 
general supervision and direction of the Executive Vice President, 
Commodity Credit Corporation (CCC), and the Administrator, Farm Service 
Agency (FSA). In the field, the regulations in this part will be 
administered by the FSA State and county committees (herein referred to 
as ``State and county committees,'' respectively).
    (b) State executive directors, county executive directors and State 
and county committees do not have authority to modify or waive any of 
the provisions of this part.
    (c) The State committee may take any action authorized or required 
by this part to be taken by the county committee which has not been 
taken by such committee. The State committee may also:
    (1) Correct or require a county committee to correct any action 
taken by such county committee that is not in accordance with this part; 
or
    (2) Require a county committee to withhold taking any action that is 
not in accordance with this part.
    (d) No delegation herein to a State or county committee shall 
preclude the Executive Vice President, CCC, and the Administrator, FSA, 
or a designee, from determining any question arising under this part or 
from reversing or modifying any determination made by a State or county 
committee.
    (e) Benefits from programs subject to this part may not be issued 
until all required forms and necessary payment eligibility and payment 
limitation determinations are made.
    (f) The initial ``actively engaged in farming'' and ``person'' 
determinations shall be made within 60 days after the producer files the 
required forms and any other supporting documentation needed in making 
such determinations. If the determination is not made within 60 days, 
the producer will receive a determination for that program year that 
reflects the determination sought

[[Page 325]]

by the producer unless the Deputy Administrator determines that the 
producer did not follow the farm operating plan that was presented to 
the county or State committee for such year.
    (g) Initial determinations concerning the provisions of this part 
shall not be made by a county FSA office with respect to any farm 
operating plan that is for a joint operation with more than five 
members.
    (h) Reviews of farming operations and corresponding documentation 
submitted by program participants may be conducted to determine 
compliance with applicable statutes and regulations.

[61 FR 37566, July 18, 1996, as amended at 65 FR 36561, June 8, 2000]