[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: 7CFR279.7]

[Page 934-935]
 
                          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. 279.7  Action upon receipt of a request for review.

    (a) Holding action. Upon receipt of a request for review of 
administrative action, the review officer shall notify the appropriate 
FNS regional office, in writing, of the action under review, and shall 
direct that the administrative action be held in abeyance until the 
review officer has made a determination. However, in cases of permanent 
disqualification under Sec. 278.6(e)(1) of this chapter, the 
administrative action shall not be held in abeyance pending such a 
review determination. If the disqualification is reversed through 
administrative or judicial review, the Secretary shall not be held 
liable for the value of any sales lost during the disqualification 
period. If the administrative action in question involves a denial of 
approval of an application to participate in the program, a denial of a 
claim brought by a firm

[[Page 935]]

against FNS, or the forfeiture of a collateral bond, the review officer 
shall direct that the firm not be approved for participation, not be 
paid any part of the disputed claim, or not be reimbursed for any bond 
forfeiture, until the review officer has made a determination. In any 
case, notice to the appropriate FNS office shall be accompanied by a 
copy of the request filed by the firm.
    (b) Filing supporting information. If the request filed by the firm 
includes a request for an opportunity to file written information in 
support of its position at a later date, the administrative review 
officer shall promptly notify the firm of the date by which the 
information shall be filed. If the firm fails to file any information in 
support of its position by the designated date, the information 
submitted with the original request shall be considered to be the only 
information submitted by the firm. In that case, if no information in 
support of the firm's position was submitted with the original request, 
the action of the appropriate FNS office shall be final.
    (c) Failure to meet with review officer. If the firm filing the 
request for review asks to appear before the administrative review 
officer in person, the review officer shall promptly notify the firm of 
the date, time and place set for the appearance. If the firm fails to 
appear before the administrative review officer as specified, any 
written information timely submitted in accordance with this section 
shall be considered to be the only information submitted by the firm.
    (d) Basis for regional office determination. The administrative 
review officer shall require the appropriate FNS regional office to 
promptly submit, in writing, all information which was the basis for the 
administrative action for which the review has been requested.

[Amdt. 136, 43 FR 43279, Sept. 22, 1978, as amended by Amdt. 236, 49 FR 
22059, May 25, 1984; Amdt. 258, 49 FR 28393, July 12, 1984; 49 FR 29769, 
July 24, 1984; Amdt. 356, 59 FR 29714, June 9, 1994; 64 FR 23174, Apr. 
30, 1999]