7 C.F.R. § 279.4

Action upon receipt of a request for review

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(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 the denial of a claim brought by a firm against FNS, or the forfeiture of a collateral bond or the draw down on an irrevocable letter of credit, the designated reviewer shall direct the firm not be approved for participation, not be paid any part of the disputed claim, or not be reimbursed for any bond forfeiture or irrevocable letter of credit withdrawal, as appropriate 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 extensions of time if, in FNS' discretion, additional time is required for the firm to fully present information in support of its position. Additionally, FNS may not grant extensions of time or hold the administrative review process in abeyance solely on the basis of a pending FOIA request or appeal. 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; 73 FR 79595, Dec. 30, 2008; 85 FR 52749, Aug. 26, 2020]

Notes of Decisions

Cited in 2 cases, 2009–2016 · 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. § 279.4 (b). 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…”

Young Choi Inc. v. United States, 639 F. Supp. 2d 1169 (D. Haw. 2009). · cites it 2× “7 C.F.R. § 279.4 . The reviewing officer considers information submitted by FNS, the store, and any other person who has relevant information on the case.”

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