[Code of Federal Regulations]
[Title 7, Volume 4]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR279.10]

[Page 936-937]
 
                          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 C--Judicial Review
 
Sec. 279.10  Judicial review.


    (a) Filing for judicial review. Except for firms disqualified from 
the program in accordance with Sec. 278.6(e)(8) of this chapter, a firm 
aggrieved by the determination of the administrative review officer may 
obtain judicial review of the determination by filing a complaint 
against the United States in the U.S. district court for the district in 
which the owner resides or is engaged in business, or in any court of 
record of the State having competent jurisdiction. The complaint must be 
filed within 30 days after the date of delivery or service upon the firm 
of the notice of determination of the administrative review officer in 
accordance with Sec. 279.8(e); otherwise the determination shall be 
final.
    (b) Summons and complaint. Service of the summons and complaint in 
any such action shall be made in accordance with the rules of civil 
procedure for the U.S. district courts. The copy of the summons and 
complaint required by the rules to be served on the officer or agency 
whose order is being attacked shall be sent by registered or certified 
mail to the person in charge of the applicable regional office of FNS.
    (c) Trial de novo. The suit in the U.S. district court or in the 
State court, as the case may be, shall be a trial de novo by the court 
in which the court shall determine the validity of the questioned 
administrative action. If the court determines that the administrative 
action is invalid, it shall enter a judgment or order which it 
determines is in accordance with the law and the evidence.
    (d)  Stay of action. During the pendency of any judicial review, or 
any appeal therefrom, the administrative action under review shall 
remain in force unless the firm makes a timely application to the court 
and after hearing thereon, the court stays the administrative action 
after a showing that irreparable injury will occur absent a stay and 
that the firm is likely to prevail on the merits of the case. However, 
permanent disqualification actions taken in accordance with 
Sec. 278.6(e)(1) of this chapter shall not be subject to

[[Page 937]]

such a stay of administrative action. If the disqualification action is 
reversed through administrative or judicial review, the Secretary shall 
not be liable for the value of any sales lost during the 
disqualification period.

[Amdt. 136, 43 FR 43279, Sept. 22, 1978, as amended by Amdt. 274, 51 FR 
18752, May 21, 1986; Amdt. 356, 59 FR 29714, June 9, 1994; 64 FR 23174, 
Apr. 30, 1999]