[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: 7CFR279.1]



[Page 946]

 

                          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

    (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]