C.F.R. » Title 7 » CHAPTER II—FOOD AND NUTRITION SERVICE, DEPARTMENT OF AGRICULTURE › SUBCHAPTER C—SUPPLEMENTAL NUTRITION ASSISTANCE AND FOOD DISTRIBUTION PROGRAM › PART 279—ADMINISTRATIVE AND JUDICIAL REVIEW—FOOD RETAILERS AND FOOD WHOLESALERS › Subpart A—Administrative Review

7 C.F.R. § 279.5

Determination of the designated reviewer

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(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 § 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]
Notes of Decisions
Cited in 14 cases (5 in the last 5 years), 1980–2024 · leading case: Irobe v. US Dept. of Agric., 890 F.3d 371 (1st Cir. 2018).
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Irobe v. US Dept. of Agric., 890 F.3d 371 (1st Cir. 2018). “§ 2023 (a)(5) ; 7 C.F.R. § 279.5 . The governing statute empowers the USDA to impose a lifetime program-participation ban on "the first occasion or any subsequent occasion" of trafficking, but such a ban is not an automatic response to a program violation; rather, the USDA has…”
Duchimaza v. United States, 211 F. Supp. 3d 421 (D. Conn. 2016). “” 7 C.F.R. § 279.5 . The statute allows for judicial review of a final agency decision within thirty days of service of the final notice.”
Aiman Ghattas, Doing Bus. as a & M Food Shop v. United States of Am. Michael Espy, Sec'y of Agric., 40 F.3d 281 (8th Cir. 1994). “See 7 C.F.R. § 279.5 -.6. However, in his letter decision sustaining the FNS permanent disqualification of A & M, the food stamp review officer stated: Your client was advised of this [alternative sanction] in the [charge] letter of December 5, 1991 from the Field Office which…”
Cheema v. United States, 365 F. Supp. 3d 172 (D.D.C. 2019). “§ 2023 (a)(5) ; 7 C.F.R. 279.5. Once that final determination has been made, a retailer can seek review in federal court.”
Jedatt, Inc. v. United States Dep't of Agric., 488 F. Supp. 261 (E.D. Mich. 1980). “6 (j) and 7 C.F.R. § 279.5 et seq. (1979). August 16, 1978 Plaintiff supplemented its request for review.”
Hamilton v. United States, 580 F. Supp. 31 (M.D. Tenn. 1984). “The FNS notified plaintiff of this disqualification and advised plaintiff that under 7 C.F.R. § 279.5 he had 10 days within which to request review of the department’s ruling.”
Brother Convenience Store, Inc. v. United States Dep't of Agric. (D. Maryland 2021). · cites it 2× “1 ; see also 7 C.F.R. § 279.5 (c) (defining scope of review for disqualification actions).”
United States v. Tam Minh Tran, 11 F. Supp. 2d 938 (S.D. Tex. 1998). “” 7 C.F.R. § 279.5 (b). 4 . (a) Filing for judicial review.”
Cheema's Supermarket v. United States Dep't of Agric. (D. Mass. 2019). “§ 2023 (a)(5); 7 C.F.R. 279.5. Once that final determination has been made, a retailer can seek review in federal court.”
J&K Deli, Inc. v. United States (D. Maryland 2021). “§2023 (a)(13)–(15); 7 C.F.R. § 279.5 . II. Harry’s Deli Ho Seong Hwang owns and operates Harry’s Deli, located in Baltimore, Maryland.”
Nephew Mini Mkt., LLC. v. United States (D. Maryland 2022). “7 C.F.R. § 279.5 . Upon receipt of a Final Agency Decision, a retailer may seek judicial review.”
Four Winds Behavioral Health, Inc. v. United States (D.N.M. 2020). “7 C.F.R. § 279.5 . “[W]ithin thirty days after the date of delivery or service of the final notice of determination upon it,” the retailer may file a complaint in district court “requesting the court to set aside such determination.”
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