[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: 7CFR279.5]



[Page 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. 279.5  Determination of the designated reviewer.



    (a) Basis for designated reviewer determination. The designated 

reviewer shall make a determination based upon:

    (1) The information submitted by the appropriate FNS office;

    (2) Information submitted by the firm in support of its position; 

and

    (3) Any additional information, in writing, obtained by the 

designated reviewer from any other person having relevant information.

    (b) Review of denial or withdrawal of authorization. When the action 

under review is the denial of an application for authorization or the 

withdrawal of an existing authorization, the designated reviewer shall 

sustain the action under review; sustain the action under review, but 

specify a shorter period of time the action will remain in effect; or 

direct that the action under review be reversed.

    (c) Review of disqualification or civil money penalty or fine. When 

the action under review is disqualifying a firm from program 

participation or assessing a civil money penalty or fine against a firm, 

the designated reviewer shall: Sustain the action under review; specify 

a shorter period of disqualification; specify a reduced money penalty or 

fine; direct that an official warning letter be issued to the firm in 

lieu of a disqualification, civil money penalty or fine; or, direct that 

the action under review be reversed. The designated reviewer may change 

a disqualification of a firm to a civil money penalty if the 

disqualification would cause a hardship to participating households 

(except in the case of a permanent disqualification). The designated 

reviewer, working with the appropriate FNS office, shall determine if 

circumstances warrant a civil money penalty in accordance with Sec. 

278.6 of this chapter.

    (d) Review of denial of claim. In the case of a request for review 

of a denial of all or part of a claim of a firm, the determination of 

the designated reviewer shall sustain the action under review or shall 

specify the amount of the claim to be paid by FNS.

    (e) Determination notifications. FNS shall notify the firm of the 

determination. Such notification will be sent to the representative of 

the firm who filed the request for review.

    (f) Effective date. The determination of the designated reviewer 

shall take effect 30 days after the date of delivery of the 

determination to the firm.



[Amdt. 136, 43 FR 43279, Sept. 22, 1978, as amended by Amdt. 334, 57 FR 

3913, Feb. 3, 1992; Amdt. 356, 59 FR 29714, June 9, 1994. Redesignated 

and amended at 68 FR 41053, July 10, 2003]