[Code of Federal Regulations]

[Title 7, Volume 4]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 7CFR276.5]



[Page 882]

 

                          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]