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USDA/FNS | RIN: 0584-AD31 | Publication ID: Fall 2010 |
Title: Quality Control Provisions | |
Abstract: This rule finalizes the interim rule "Non-Discretionary Quality Control Provisions of Title IV of Public Law 107-171" (published Oct. 16, 2003, at 68 FR 59519) and the proposed rule "Discretionary Quality Control Provisions of Title IV of Public Law 107-171" (published Sep. 23, 2005, at 70 FR 55776). The following quality control provisions required by sections 4118 and 4119 of the Farm Security and Rural Investment Act of 2002 (title IV of Pub. L. 107-171) and contained in the interim rule are implemented by this final rule: 1) Timeframes for completing quality control reviews; 2) Timeframes for completing the arbitration process; 3) Timeframes for determining final error rates; 4) The threshold for potential sanctions and time period for sanctions; 5) The calculation of State error rates; 6) The formula for determining States' liability amounts; 7) Sanction notification and method of payment; and 8) Corrective action plans. The following provisions required by sections 4118 and 4119 and additional policy and technical changes, and contained in the proposed rule, are implemented by this final rule. Legislative changes based on or required by sections 4118 and 4119: 1) Eliminate enhanced funding; 2) Establish timeframes for completing individual quality control reviews; and 3) Establish procedures for adjusting liability determinations following appeal decisions. Policy and technical changes: 1) Require State agency quality control reviewers to attempt to complete review when a household refuses to cooperate; 2) Mandate FNS validation of negative sample for purposes of high performance bonuses; 3) Revise procedures for conducting negative case reviews; 4) Revise timeframes for household penalties for refusal to cooperate with State and Federal quality control reviews; 5) Revise procedures for quality control reviews of demonstration and SSA processed cases; 6) Eliminate the requirement to report any differences resulting from Federal information exchange systems (FIX) errors; 7) Eliminate references to integrated quality control; and 8) Update definitions section to remove out-dated definitions (02-014). | |
Agency: Department of Agriculture(USDA) | Priority: Other Significant |
RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Completed Actions |
Major: No | Unfunded Mandates: No |
CFR Citation: 7 CFR 273 7 CFR 275 | |
Legal Authority: 7 U.S.C. 2011 to 2032 PL 107-171 |
Legal Deadline:
None |
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Timetable:
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Regulatory Flexibility Analysis Required: No | Government Levels Affected: Federal, Local, State |
Federalism: No | |
Included in the Regulatory Plan: No | |
RIN Data Printed in the FR: No | |
Related RINs: Merged with 0584-AD37 | |
Agency Contact: James F Herbert Regulatory Review Specialist Department of Agriculture Food and Nutrition Service 3101 Park Center Drive, Alexandria, VA 22302 Phone:703 305-2572 Email: james.herbert@fns.usda.gov |