[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: 7CFR279.4]



[Page 947-948]

 

                          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. 279.4  Action upon receipt of a request for review.



    (a) Holding action. Upon receipt of a request for review of 

administrative action, the administrative action shall be held in 

abeyance until the designated reviewer has made a determination. 

However, permanent disqualifications for trafficking shall not be held 

in abeyance and shall be effective immediately as specified in 

278.6(b)(2) of this chapter. If the disqualification is reversed through 

administrative or judicial review, the Secretary shall not be held 

liable for the value of any sales lost during the disqualification 

period. If the administrative action in question involves a denial of 

approval of an application to participate in the program, a denial of a 

claim brought by a firm against FNS, or the forfeiture of a collateral 

bond, the designated reviewer shall direct that the firm not be approved 

for participation, not be paid any part of the disputed claim, or not be 

reimbursed for any bond forfeiture, until the designated reviewer has 

made a determination.

    (b) Filing supporting information. If the request filed by the firm 

includes a request for an opportunity to file written information in 

support of its position at a later date, the designated reviewer shall 

promptly notify the firm of the date by which the information shall be 

filed. If the firm fails to file any information in support of its 

position by the designated date, the information submitted with the 

original request shall be considered to be the only information 

submitted by the firm. In that case, if no information in support of the 

firm's position was submitted with the original request, the action of 

the appropriate FNS office shall be final.

    (c) Extensions of time. Upon timely written request to FNS by the 

firm requesting the review, FNS may grant



[[Page 948]]



extensions of time if, in FNS' discretion, additional time is required 

for the firm to fully present information in support of its position. 

However, no extension may be made in the time allowed for the filing of 

a request for review.



[Amdt. 136, 43 FR 43279, Sept. 22, 1978, as amended by Amdt. 236, 49 FR 

22059, May 25, 1984; Amdt. 258, 49 FR 28393, July 12, 1984; 49 FR 29769, 

July 24, 1984; Amdt. 356, 59 FR 29714, June 9, 1994; 64 FR 23174, Apr. 

30, 1999. Redesignated and amended at 68 FR 41053, July 10, 2003]