Page:United States Statutes at Large Volume 107 Part 1.djvu/704

 107 STAT. 678 PUBLIC LAW 103-66—AUG. 10, 1993 (b) ADMINISTRATIVE AND JUDICIAL REVIEW. —Section 14(a) of the Act (7 U.S.C. 2023(a)) is amended— (1) in the sixth sentence by inserting after "pursuant to section 16(c)'' the following: "(including determinations as to whether there is good cause for not imposing all or a portion of the penalty)"; and (2) by striMng the last sentence. (c) QUALITY CONTROL SYSTEM. —Section 16(c) of the Act (7 U.S.C. 2025(c)) is amended— (1) in paragraph (I)(C)— (A) by striking "payment error tolerance level" and inserting national penormance measure"; and (B) by striking "egual to" and all that follows through the first period and inserting the following: "equal tcK— "(i) the product of— "(I) the value of all allotments issued by the State agency in the fiscal year; times "(II) the lesser of— "(aa) the ratio of— "(aaa) the amount by which the payment error rate of the State agency for the fiscal year exceeds the national performance measure for the fiscal year; to "(bbb) the national performance measure for the fiscal year, or "(bb) 1; times "(III) the amount by which the payment error rate of the State agency for the fiscal year exceeds the national performance measure for the fiscal year."; (2) in paragraph (3)(A) by striking "60 days (or 90 days at the discretion of the Secretary)" and inserting "120 days"; (3) in paragraph (6) by striking "shall be used to establish" and all that follows through "level" the last place it appears; and (4)]^ adding at the end the following: "(8)(A) This paragraph applies to the determination of whether a payment is due by a State agency for a fiscal year under paragraph (I)(C). "(B) Not later than 180 days after the end of the fiscal year, the case review and all arbitrations of State-Federal difference cases shall be completed. "(C) Not later than 30 days there€dter, the Secretary shall— "(i) determine final error rates, the national average pay- ment error rate, and the amounts of payment claimed against State agencies; and "(ii) notify State agencies of the payment claims. "(D) A State agency desiring to appeal a payment claim determined under subparagraph (C) shall submit to an administrative law judge— "(i) a notice of appeal, not later than 10 days after receiving a notice of the claim; and "(ii) evidence in support of the appeal of the State agency, not later than 60 days after receiving a notice of the claim. "(E) Not later than 60 days after a State agency submits evidence in support of the appeal, the Secretary shall submit responsive evidence to the administrative law judge to the extent such evidence exists.

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