[Code of Federal Regulations]
[Title 7, Volume 4]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR279.5]

[Page 976]
 
                          TITLE 7--AGRICULTURE
 
    CHAPTER II--FOOD AND NUTRITION SERVICE, DEPARTMENT OF AGRICULTURE
 
PART 279_ADMINISTRATIVE AND JUDICIAL REVIEW_FOOD RETAILERS AND FOOD 
 
                     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]

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