[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: 7CFR279.1]

[Page 942-943]
 
                          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. 279.1  Jurisdiction and authority.




                     Subpart A_Administrative Review

Sec.
279.1 Jurisdiction and authority.
279.2 Manner of filing requests for review.
279.3 Content of request for review.
279.4 Action upon receipt of a request for review.
279.5 Determination of the designated reviewer.
279.6 Legal advice and extensions of time.

                        Subpart B_Judicial Review

279.7 Judicial review.
279.8 Implementation of amendments relating to administrative and 
          judicial review.

    Authority: 7 U.S.C. 2011-2036.

    Source: Amdt. 136, 43 FR 43279, Sept. 22, 1978, unless otherwise 
noted.

    Editorial Note: Nomenclature changes to part 279 appear at 68 FR 
41052, July 10, 2003.



    A food retailer or wholesale food concern aggrieved by 
administrative action under Sec. 278.1, Sec. 278.6 or Sec. 278.7 of 
this chapter may, within a period stated in this Part, file a written 
request for review of the administrative action with FNS. On receipt of 
the request for review, the questioned administrative action shall be 
stayed pending disposition of the request for review, except in the case 
of a permanent disqualification as specified in Sec. 278.6(e)(1) of 
this chapter.
    (a) Jurisdiction. Reviewers designated by the Secretary shall act 
for the Department on requests for review filed by food retailers or 
wholesale food concerns aggrieved by any of the following actions:
    (1) Denial of an application or withdrawal of authorization to 
participate in the program under Sec. 278.1 of this chapter;
    (2) Disqualification under Sec. 278.6 of this chapter, except that 
a disqualification for failure to pay a civil money penalty shall not be 
subject to administrative review and a disqualification imposed under 
Sec. 278.6(e)(8) of this chapter shall not be subject to administrative 
or judicial review;
    (3) Imposition of a fine under Sec. 278.6 of this chapter;
    (4) Denial of all or part of any claim asserted by a firm against 
FNS under Sec. 278.7(c), (d), or (e) of this chapter;
    (5) Assertion of a claim under Sec. 278.7(a) of this chapter; or

[[Page 943]]

    (6) Forfeiture of part or all of a collateral bond under Sec. 278.1 
of this chapter, if the request for review is made by the authorized 
firm. FNS shall not accept requests for review made by a bonding company 
or agent.
    (b) Authority. The determination of the designated reviewer shall be 
the final administrative determination of the Department, subject, 
however, to judicial review under section 14 of the Food Stamp Act and 
subpart B of this part.

[68 FR 41052, July 10, 2003]