1412.78—Violations.

(a) (1) If a participant fails to carry out the terms and conditions of an ACRE contract, CCC may terminate the ACRE contract.
(2) If the ACRE contract is terminated by CCC in accordance with this paragraph:
(i) The participant will forfeit all rights to further payments under such contract and refund all payments previously received together with interest;
(ii) Pay liquidated damages to CCC in such amount as specified in such contract.
(iii) The acreage is ineligible for further DCP and ACRE participation from the time of termination through the end of the contract period regardless of the reason or reasons for such termination; and
(b) If the Deputy Administrator determines such failure does not warrant termination of such contract, the Deputy Administrator may authorize relief as the Deputy Administrator deems appropriate. Participants are not entitled to either relief or even the consideration of relief under this paragraph. Relief under this paragraph is solely discretionary by the Deputy Administrator.
(c) CCC may reduce a demand for a refund under this section to the extent CCC determines that such relief would be appropriate and will not deter the accomplishment of the goals of the program.

Code of Federal Regulations

[73 FR 79289, Dec. 29, 2008, as amended at 75 FR 19193, Apr. 14, 2010]