[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: 7CFR279.7]

[Page 945]
 
                          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_Judicial Review
 
Sec. 279.7  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 designated reviewer 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 designated reviewer in accordance 
with Sec. 279.5(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 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 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. Redesignated and amended at 68 FR 41053, July 10, 2003]