A food retailer or wholesale food concern aggrieved by administrative action under § 278.1, § 278.6 or § 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 § 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 § 278.1 of this chapter;
(2) Disqualification under § 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 § 278.6(e)(8) of this chapter shall not be subject to administrative or judicial review;
(3) Imposition of a fine under § 278.6 of this chapter;
(4) Denial of all or part of any claim asserted by a firm against FNS under § 278.7(c), (d), or (e) of this chapter;
(5) Assertion of a claim under § 278.7(a) of this chapter; or
(6) Forfeiture of part or all of a collateral bond or a draw down of part or all of a letter of credit under § 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 or commercial bank.
(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 and Nutrition Act of 2008 and subpart B of this part.
[68 FR 41052, July 10, 2003, as amended at 73 FR 79595, Dec. 30, 2008]
Notes of Decisions
Irobe v. US Dept. of Agric., 890 F.3d 371 (1st Cir. 2018).
“§ 2023 (a)(3) ; 7 C.F.R. §§ 279.1 (a)(2), 279.5. Upon completion of his work, the review officer issues the final agency decision.”
SS Grocery, Inc. v. U.S. Dep't of Agric., 340 F. Supp. 3d 172 (E.D.N.Y 2018).
· cites it 2× “7 C.F.R. § 279.1 . The Administrative Review Division's determination shall be the final determination of FNS, subject to review only by a district court.”
Young Choi Inc. v. United States, 639 F. Supp. 2d 1169 (D. Haw. 2009).
“7 C.F.R. § 279.1 . The lower administrative decision is suspended while the administrative review officer reviews FNS’s determination.”
Hamdi Halal Mkt. LLC v. United States, 947 F. Supp. 2d 159 (D. Mass. 2013).
“§ 2023 (a); 7 C.F.R. § 279.1 , but does not authorize the review of a reciprocal disqualification from SNAP following an adverse action taken by a state agency for the direct violation of WIC”) (citations omitted); see also Salmo v.”
M.J. Martins Enter., Inc. v. United States Dep't of Agric., 881 F. Supp. 2d 229 (D. Mass. 2012).
“Availability of Judicial Revievo The Court turns to the threshold question of whether it has subject-matter jurisdiction to hear plaintiffs appeal. The statutory scheme provides for the federal judicial review of an adverse action taken by the FNS for the direct violation of…”
Alam & Sarker, LLC v. United States, 113 F.4th 153 (1st Cir. 2024).
“§ 2023 (a)(3), (5); 7 C.F.R. §§ 279.1 (a)(2), 279.5. The Market is a convenience store located in New Bedford, Massachusetts.”
Corner Mkt. v. United States (W.D. Mo. 2020).
· cites it 2× “§ 2023 (a)(3); 7 C.F.R. § 279.1 . If the disqualified retail food store feels aggrieved by the administrative law judge’s determination, it may obtain judicial review thereof.”
Madi v. United States (D. Mass. 2018).
“§ 2023 (a)(3); 7 C.F.R. §§ 279.1 (a)(2), 279.5. An ARO’s final determination that the store engaged in trafficking permits the USDA to “impose a lifetime program-participation ban on ‘the first occasion or any subsequent occasion’ of trafficking.”
K & O Food Mart v. United States Dep't of Agric. (D. Mass. 2019).
“§ 2023 (a)(3); 7 C.F.R. §§ 279.1 (a)(2), 279.5)). The FNS is required to permanently disqualify a firm from participating in SNAP if it finds that personnel of the firm have trafficked.”
Almonte Mkt. v. United States (D. Mass. 2020).
“§ 2023 (a)(3); 7 C.F.R. §§ 279.1 (a)(2), 279.5)). The store has the right to appeal the ARO's final decision to a federal district court.”
Nephew Mini Mkt., LLC. v. United States (D. Maryland 2022).
“§ 2023(a)(3); 7 C.F.R. § 279.1 . FNS must then review its initial decision and render a Final Agency Decision, which takes effect thirty days after notice of the decision has been delivered to the retailer.”
— 7 C.F.R. § 279.1(b) — 1 case
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