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290 during certain periods of the year will not be considered unusual or beyond the State agency's control. (D) Program changes. A change in SNAP or other Federal or State program that has a substantial adverse impact on the management of SNAP of a State. Requests for relief from errors caused by the uncontrollable effects of unusual program changes will be considered to the extent the program change is not common to all States. (E) A significant circumstance beyond the control of the State agency. Requests for relief from errors caused by the uncontrollable effect of the significant circumstance will be considered to the extent that the circumstance is not common to all States, such as a fire in a certification office.

2 9 . 4 R E S O L U T I O N O F L I A B I L I T I E S FNS may: (A) Waive all or a portion of the liability; (B) Require the State agency to reinvest up to 50 percent of the liability in activities to improve program administration, which new investment money will not be matched by Federal funds; (C) Designate up to 50 percent of the liability as “at-risk” for repayment if a liability is established based on the State agency's payment error rate for the subsequent fiscal year; or (D) Assert any combination of these options. Once FNS establishes its proposed liability resolution plan, the amount assigned as at-risk is not subject to settlement negotiation between FNS and the State agency and may not be reduced unless an appeal decision revises the total dollar liability. FNS and the State will settle any waiver amount or reinvestment amount before the end of the federal fiscal year in which the liability amount is determined unless an administrative appeal relating to the claim is pending. If a State agency appeals its liability determination, if the State agency began required reinvestment activities prior to an appeal determination, and if the liability amount is reduced to $0 through the appeal, FNS will pay to the State agency an amount equal to 50 percent of the new investment amount that was included in the liability amount subject to the appeal. If FNS wholly prevails on a State agency's appeal, FNS will require the State agency to invest all or a portion of the amount designated for reinvestment during the appeal to be reinvested or to be repaid to the Federal government.