[Code of Federal Regulations]
[Title 7 Volume 4]
[Revised as of January 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR279.8]

[Page 946-947]
 
                          TITLE 7--AGRICULTURE
 
    CHAPTER II--FOOD AND NUTRITION SERVICE, DEPARTMENT OF AGRICULTURE
 
PART 279--ADMINISTRATIVE AND JUDICIAL REVIEW--FOOD RETAILERS AND FOOD WHOLESALERS--Table of Contents
 
                      Subpart B--Rules of Procedure
 
Sec. 279.8  Determination of the administrative review officer.

    (a) Basis for review officer determination. The administrative 
review officer shall make a determination based upon:
    (1) The information submitted by the appropriate FNS office;
    (2) Information submitted by the firm in support of its position; 
and
    (3) Any additional information, in writing, obtained by the review 
officer from any other person having relevant information.
    (b) Review of denial of application or withdrawal of approval. In 
the case of a request for review of a denial of an application or 
withdrawal of approval to participate in the program, the determination 
of the administrative review officer shall sustain the action under 
review or shall direct that the firm be approved for participation.
    (c) Review of disqualification or civil money penalty or fine. In 
the case of a request for review of action disqualifying a firm from 
participation in the program or assessing a civil money penalty or fine 
against the firm, the determination of the administrative review officer 
shall sustain the action under review or specify a shorter period of 
disqualification or a reduced

[[Page 947]]

civil money penalty or fine, direct that an official warning letter be 
issued to the firm in lieu of any period of disqualification or civil 
money penalty or fine, or direct that no administrative action be taken. 
The administrative review officer may change a disqualification of a 
firm selling a substantial variety of staple foods to a civil money 
penalty if the review officer receives information that the 
disqualification would cause a hardship to participating households 
because there are no other firms in the area selling as large a variety 
of staple food items at comparable prices, and this information was not 
available to the appropriate FNS office when the appropriate FNS office 
made its determination to disqualify the firm. In such a case, the 
administrative review officer, before he/she makes a determination, 
shall provide the information to the appropriate FNS office, which shall 
report to the administrative review officer whether the new information 
warrants a civil money penalty in lieu of disqualification. If the 
administrative review officer determines that a civil money penalty in 
lieu of a disqualification is warranted, the review officer shall 
determine the amount of the penalty in accordance with Sec. 278.6.
    (d) Review of denial of claim. In the case of a request for review 
of a denial of all or part of a claim of a firm, the determination of 
the administrative review officer shall sustain the action under review 
or shall specify the amount of the claim to be paid by FNS.
    (e) Notice of review officer determination. The administrative 
review officer shall notify the firm of the determination by certified 
mail. The notification shall be sent to the representative of the firm 
who filed the request for review.
    (f) Notifying the appropriate FNS office. The administrative review 
officer shall send a copy of the notification to the firm to the 
appropriate FNS office, which shall take any action which may be 
necessary to comply with the determination of the review officer.
    (g) Effective date. The determination of the administrative review 
officer shall take effect 30 days after the date of delivery of the 
determination to the firm.


[Amdt. 136, 43 FR 43279, Sept. 22, 1978, as amended by Amdt. 334, 57 FR 
3913, Feb. 3, 1992; Amdt. 356, 59 FR 29714, June 9, 1994]