Basis for Denial. When denying a request for a WA, the RO must provide notice of denial of the request for a WA by certified mail to the producer, with a copy to the AIP electronically through the WA XXX system. The notice of denial must state the reasons for denial and provide rights in accordance with Paragraph 63, as applicable. See Exhibit 6F for when appeal rights are applicable and when a certified letter is required.
Basis for Denial. City may deny an application for a Subsequent Approval only if such application does not comply with this Agreement or Applicable Law, defined below, or does not substantially comply with the Project Approvals (provided, however, that inconsistency with the Project Approvals shall not constitute grounds for denial of a Subsequent Approval which is requested by Developer as an amendment to that Project Approval). City may approve an application for such a Subsequent Approval subject to any conditions necessary to bring the Subsequent Approval into compliance with this Agreement or Applicable Law, or as is necessary to make this Subsequent Approval consistent with the Project Approvals. If City denies any application for a Subsequent Approval, City shall specify in writing the reasons for such denial and may suggest a modification which would be approved by City.
Basis for Denial. When denying a request for a WA, the RO must provide notice of denial of the request for a WA by certified mail to the producer, with a copy to the AIP via regular mail or electronically through the WA system. The notice of denial must state the reasons for denial and provide rights in accordance with Paragraph 63, as applicable. See Exhibit 6 for when appeal rights are applicable and when a certified letter is required. A request for a WA will be denied by the RO if any of the following apply:
(1) the RO determines that adequate information is not available to establish an actuarially sound premium rate and insurance coverage for the insurable crop and acreage;
(2) the crop/P/T or variety is determined not to be adapted to prevalent production conditions of the county by agricultural experts or the organic agricultural experts;
(3) the crop or type is not commercially grown in the county and there is inadequate evidence that a viable marketing outlet for the crop or type is available based on sales receipts, contemporaneous feeding records or contracts to purchase the crop (for example, if the price of safflowers is $0.08, it costs $0.04 to ship the crop to market, and it costs more than $0.04 to produce the crop, then there is no viable marketing outlet);
(4) the risks are determined to be excessive in accordance with Paragraph 35;
(5) the requested change to the terms of insurance is determined by RMA to violate sound insurance principles or create program vulnerabilities;
(6) the producer has never produced at least 50 percent of the T-Yield, obtained from a county with similar agronomic conditions and risk exposure, for the crop/P/T or variety for which the WA is requested when the producer has grown the crop; or
(7) conditions set forth in Parts 3 or 4 are not met.
Basis for Denial. The Employer may deny a loan application for any of the following reasons.
(i) The Employer believes that the transaction does not meet the standards and eligibility requirements expressed in this Article.
(ii) The Employer believes that the proposed loan would be inconsistent with the basic fiduciary rules governing Plan assets.
(iii) The Employer decides to suspend for any period the making of loans.
(iv) Effective May 7, 1999, the Employee is employed at the Clinton, Arkansas or Carmel, Indiana facilities and is requesting a loan. Decisions by the Employer regarding loan applications shall be final and shall be timely communicated to the Participant. The loan standards must be met as of the date a loan is granted, renewed, or modified.
Basis for Denial. The RO will send notice to the AIP when a WA request is denied, and the AIP must provide the RMA generated notice to the producer. The notice of denial must state the reasons for denial and provide rights in accordance with Para. 63, as applicable. If the AIP does not provide the notice to the producer within 7 calendar days of issuance from the RO, the RO will document this as a scorecard error in accordance with Para. 66. See Exh. 6F for when appeal rights are applicable. Note: The AIP must record in XXX the date the producer was notified of the denial. The RO will deny a WA request if any of the following apply:
(1) the RO determines that adequate information is not available to establish an actuarially sound premium rate and insurance coverage for the insurable crop and acreage;
(2) the crop/P/T or variety is determined not to be adapted to prevalent production conditions of the county by local agricultural experts;
(3) the crop, or similar crop, was not previously grown in the county or area, or there is no evidence that a viable marketing outlet is available for the requested crop or type (e.g., if the price of safflowers is $0.08, it costs $0.04 to ship the crop to market, and it costs more than $0.04 to produce the crop, then there is no viable marketing outlet);
Basis for Denial. The RO will send notice addressed to the producer to the AIP through the WA XXX system folder when a WA request is denied, and the AIP must provide the RMA generated notice to the producer. The notice of denial must state the reasons for denial and provide rights in accordance with Para. 63, as applicable. If the AIP does not provide the notice to the producer within 7 calendar days of issuance from the RO, the RO will document this as a scorecard error in accordance with Para. 66. See Exh. 6D for when appeal rights are applicable. Note: The AIP must record in the WA XXX system the date the producer was notified of the denial. The RO will deny a WA request if any of the following apply:
(1) the RO determines that adequate information is not available to establish an actuarially sound premium rate and insurance coverage for the insurable crop and acreage;
(2) the crop/P/T or variety is determined not to be adapted to prevalent production conditions of the county by local agricultural experts;
(3) the crop, or similar crop, was not previously grown in the county or area, or there is no evidence that a viable marketing outlet is available for the requested crop or type (e.g., if the price of safflowers is $0.08, it costs $0.04 to ship the crop to market, and it costs more than $0.04 to produce the crop, then there is no viable marketing outlet);
(4) the risks are determined to be excessive in accordance with Para. 35;
(5) the requested change to the terms of insurance is determined by the RO to violate sound insurance principles or create program vulnerabilities;
Basis for Denial. The Employer may deny a loan application for any of the following reasons.
(i) The Employer believes that the transaction does not meet the standards and eligibility requirements expressed in this Article.
(ii) The Employer believes that the proposed loan would be inconsistent with the basic fiduciary rules governing Plan assets.
(iii) The Employer decides to suspend for any period the making of loans. Decisions by the Employer regarding loan applications shall be final and shall be timely communicated to the Participant. The loan standards must be met as of the date a loan is granted, renewed, or modified.
Basis for Denial. The RO will send notice addressed to the producer to the AIP through the WA XXX system folder when a WA request is denied, and the AIP must provide the RMA generated notice to the producer. The notice of denial must state the reasons for denial and provide rights in accordance with Para. 63, as applicable. If the AIP does not provide the notice to the producer within 7 calendar days of issuance from the RO, the RO will document this as a scorecard error in accordance with Para. 66. See Exh. 6D for when appeal rights are applicable.
Basis for Denial. (continued)
(6) the producer (requesting entity) cannot show that at least 50 percent of the T-Yield (obtained from a county with similar agronomic conditions and risk exposure) has ever been grown by the producer (requesting entity) for the crop/P/T or variety for which the WA is requested, when the producer (requesting entity) has grown the requested crop/P/T or variety;
(7) the producer (requesting entity) cannot show that at least 50 percent of the T-Yield (obtained from a county with similar agronomic conditions and risk exposure) has ever been grown by the producer (requesting entity) for the similar crop(s) that is used to qualify the crop for which the WA is requested, when the producer (requesting entity) has not grown the requested crop; or
(8) conditions set forth in Part 3 or Part 4 are not met.
Basis for Denial. (Continued)
(8) the type of loss incurred or loss experience under the WA indicates the factual basis relied upon to issue the WA or the assigned premium rate is not valid;
(9) for WA requests where a rate must be determined for a WA offer, except UC type requests [see Subpara. 72E(4) and 72F(4) for UC rate limits], the base premium rate (excluding options or endorsements) exceeds 0.700 when calculated at the 65 percent coverage level; or Additive Rate: [(Rate Yield/Reference Yield)^Exponent] x Reference Rate + Fixed Rate + Additive Rate (if applicable) Multiplicative Rate: {[(Rate Yield/Reference Yield)^Exponent] x Reference Rate + Fixed Rate} x Multiplicative Rate (if applicable) (10) conditions set forth in Part 3 or Part 4 are not met. 35 WA Experience Determination
A. Applicability
(1) Subpara. 35B and 35C are applicable to these WA types (see Exh. 6A for WA type code definitions):
(a) OP;
(b) PE (except Arizona/California grape price elections);
(c) RE;
(d) SC;
(e) SG;
(f) SM;
(g) TC;
(h) TD:
(i) TP;
(j) UC; and
