7 C.F.R. § 279.2

Manner of filing requests for review

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(a) Submitting requests for review. Requests for review submitted by firms shall be mailed to or filed with Director, Administrative Review Division, U.S. Department of Agriculture, Food and Nutrition Service, 3101 Park Center Drive, Alexandria, Virginia 22302.

(b) Content of requests. Requests for review shall be in writing and shall state the name and business address of the firm involved, and the name, address and position with the firm of the person who signed the request. The request shall be signed by the owner of the firm, an officer or partner of the firm, or by counsel, and need not be under oath.

(c) Time limit for requesting review. A request for review shall be filed within 10 days of the date of delivery of the notice of the action for which review is requested. For purposes of determining whether a filing date is timely:

(1) The filing date shall be the postmark date of the request, or equivalent if the written request is filed by a means other than mail;

(2) In computing the 10 day period, the day of delivery of the notice of the action for which review is requested may not be included. The last day of the period so computed shall be included, unless it is a Saturday, a Sunday, or a legal holiday. In that case, the period runs until the end of the next day which is not a Saturday, a Sunday, or a legal holiday. As used in this paragraph, “legal holiday” includes New Year's Day, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, Christmas Day, and any other day designated as a holiday by the President or the Congress of the United States.

[Amdt. 136, 43 FR 43279, Sept. 22, 1978, as amended by Amdt. 236, 49 FR 22058, May 25, 1984. Redesignated and amended at 68 FR 41053, July 10, 2003]

Notes of Decisions

Cited in 5 cases (1 in the last 5 years), 2016–2022 · leading case: Duchimaza v. United States, 211 F. Supp. 3d 421 (D. Conn. 2016).

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Duchimaza v. United States, 211 F. Supp. 3d 421 (D. Conn. 2016). “7 C.F.R. § 279.2 . Stores may file “written information in support of [their] position” along with the request for review.”

Cheema v. United States, 365 F. Supp. 3d 172 (D.D.C. 2019). “§ 2023 (a)(3) ; 7 C.F.R. § 279.2 . The ARO is then charged with making a final agency determination.”

Cheema's Supermarket v. United States Dep't of Agric. (D. Mass. 2019). “§ 2023 (a)(3); 7 C.F.R. § 279.2 . The ARO is then charged with making a final agency determination.”

Ernies Mkt. v. United States of Am. (D.N.J. 2022). “Plaintiff requested a review of the Charging Letter pursuant to 7 C.F.R. §§ 279.2 and 279.3, claiming the FNS overlooked key information, such as: • Ernies Market is the only retail store in a five-block radius, thus the only SNAP eligible store for the area in a predominantly…”

Four Winds Behavioral Health, Inc. v. United States (D.N.M. 2020). “7 C.F.R. § 279.2 . Upon completion of the review, FNS renders a final determination and notifies the retailer.”

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