1. (a) The Administrator is authorized to withdraw the certification of a State's Certified Mediation Program, terminate or suspend the grant to the State's Certified Mediation Program, require a return of unspent grant funds, a reimbursement of grant funds on account of expenditures that are not allowed, and may impose any other penalties or sanctions authorized by law if the Administrator determines that:

   1. (1) The State's Certified Mediation Program, at any time, does not meet the requirements in this part for certification;
   2. (2) The State's Certified Mediation Program is not being operated in a manner consistent with the features of the program as certified by FSA, with the regulations in this part, or the grant agreement;
   3. (3) Costs that are not allowed under § 785.4(b) are being paid out of grant funds;
   4. (4) The mediation program fails to grant access to mediation records for purposes specified in § 785.8; or
   5. (5) Reports submitted by a State on its Certified Mediation Program as required by § 785.8 are false, contain misrepresentations or material omissions, or are otherwise misleading.
2. (b) In the event that FSA gives notice to the State of its intent to enforce any withdrawal of certification or other penalty for non-compliance, USDA agencies will cease to participate in any mediation conducted by the State's Certified Mediation Program immediately upon delivery of such notice to the State.

[67 FR 57315, Sept. 10, 2002, as amended at 87 FR 13126, Mar. 9, 2022]