[Code of Federal Regulations]
[Title 7, Volume 4]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR276.5]

[Page 879]
 
                          TITLE 7--AGRICULTURE
 
    CHAPTER II--FOOD AND NUTRITION SERVICE, DEPARTMENT OF AGRICULTURE
 
PART 276_STATE AGENCY LIABILITIES AND FEDERAL SANCTIONS--Table of Contents
 
Sec. 276.5  Injunctive relief.

    (a) General. If FNS determines that a State agency has failed to 
comply with the Food Stamp Act, the regulations issued pursuant to the 
Act, or the FNS-approved State Plan of Operations, the Secretary may 
seek injunctive relief against the State agency to require compliance. 
The Secretary may request injunctive relief concurrently with negligence 
billings and sanctions against State agencies affecting administrative 
funds.
    (b) Requesting injunctive relief. Prior to seeking injunctive relief 
to require compliance, FNS shall notify the State agency of the 
determination of noncompliance and provide the State agency with a 
specific period of time to correct the deficiency. The Secretary shall 
have the discretion to determine the time periods State agencies will 
have to correct deficiencies. If the State agency does not correct the 
failure within the specified time period and the Department decides to 
seek injunctive relief, the Secretary shall refer the matter to the 
Attorney General with a request that injunctive relief be sought to 
require compliance.

[Amdt. 168, 45 FR 77263, Nov. 21, 1980]