N.J. Admin. Code § 2:90-4.8

Current through Register Vol. 56, No. 24, December 18, 2024

Section 2:90-4.8 - Contract violations and termination

(a) If SSCC determines that a participant is in violation of the terms of a contract or documents incorporated by reference into the contract, the SSCC shall give the participant a reasonable time, as determined by the SCD, in consultation with NRCS, to correct the violation and comply with the terms of the contract and attachments thereto. If a participant continues in violation, SSCC may, in consultation with the SCD and NRCS, terminate the CCSP contract.

1. Notwithstanding the provisions of (a) above, a contract termination shall be effective immediately upon a determination by the SSCC and SCD, in consultation with NRCS, that the participant has submitted false information or filed a false claim, or engaged in any act for which a finding of ineligibility for payments is permitted under the provisions of N.J.A.C. 2:90-4.1 2 or in a case in which the actions of the party involved are deemed to he sufficiently purposeful or negligent to warrant a termination without delay.

(b) If SSCC terminates a contract, the participant shall forfeit all rights for future payments under the contract and shall refund all or part of the payments received, plus interest. The SSCC has the option of requiring only partial refund of the payments received if a previously installed conservation practice can function independently, are not affected by the violation or other conservation practices that would have been installed under the contract, and the participant agrees to operate and maintain the installed conservation practice for the life span of the practice.

1. If SSCC terminates a contract due to breach of contract or the participant voluntarily terminates the contract before any contractual payments have been made, the participant shall forfeit all rights for further payments under the contract and shall pay such liquidated damages as are prescribed in the contract. The SSCC, will have the option to waive the liquidated damages depending upon the circumstances of the case.

2. When making all contract termination decisions, SSCC may reduce the amount of money owed by the participant by a proportion which reflects the good faith effort of the participant to comply with the contract, or the hardships beyond the participant's control that have prevented compliance with the contract.

3. The participant may voluntarily terminate a contract if SSCC agrees based on SSCC's determination that termination is in the public interest.

4. In carrying out its role under this section, SSCC shall consult with the local conservation district.

5. In the event a participant fails to comply with any of the terms of the contract and the Department incurs legal or other expenses for the collection of repayments due or the enforcement or performance of any of the participant's obligations under the contract or this subchapter, the participant shall pay these expenses on demand by the Department. The Department shall not be required to mitigate any damages to the participant resulting from the participant's non-compliance with the terms of the participant's non-compliance with the terms of the contract or these regulations.

N.J. Admin. Code § 2:90-4.8

Recodified from N.J.A.C. 2:90-4.14 and amended by R.2006 d.12, effective 2/6/2006.
See: 37 N.J.R. 2313(a), 38 N.J.R. 917(a).
In (a)1, rewrote N.J.A.C. reference; former N.J.A.C. 2:90-4.8, Technical and other assistance provided by qualified personnel not affiliated with USDA, repealed.