[Code of Federal Regulations]
[Title 7, Volume 4]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR279.4]

[Page 931]
 
                          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 A_Administrative Review
 
Sec.  279.4  Action upon receipt of a request for review.

    (a) Holding action. Upon receipt of a request for review of 
administrative action, the administrative action shall be held in 
abeyance until the designated reviewer has made a determination. 
However, permanent disqualifications for trafficking shall not be held 
in abeyance and shall be effective immediately as specified in 
278.6(b)(2) of this chapter. 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 against FNS, or the forfeiture of a collateral 
bond, the designated reviewer 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 designated reviewer has 
made a determination.
    (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 designated reviewer 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) Extensions of time. Upon timely written request to FNS by the 
firm requesting the review, FNS may grant extensions of time if, in FNS' 
discretion, additional time is required for the firm to fully present 
information in support of its position. However, no extension may be 
made in the time allowed for the filing of a request for review.

[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. Redesignated and amended at 68 FR 41053, July 10, 2003]

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