7 U.S.C. § 2023 : US Code - Section 2023: Administrative and judicial review; restoration of rights

Search 7 U.S.C. § 2023 : US Code - Section 2023: Administrative and judicial review; restoration of rights

(a)(1) Whenever an application of a retail food store or
wholesale food concern to participate in the food stamp program is
denied pursuant to section 2018 of this title, or a retail food
store or wholesale food concern is disqualified or subjected to a
civil money penalty under the provisions of section 2021 of this
title, or a retail food store or wholesale food concern forfeits a
bond under section 2021(d) of this title, or all or part of any
claim of a retail food store or wholesale food concern is denied
under the provisions of section 2022 of this title, or a claim
against a State agency is stated pursuant to the provisions of
section 2022 of this title, notice of such administrative action
shall be issued to the retail food store, wholesale food concern,
or State agency involved.
(2) Delivery of notices. - A notice under paragraph (1) shall be
delivered by any form of delivery that the Secretary determines
will provide evidence of the delivery.
(3) If such store, concern, or State agency is aggrieved by such
action, it may, in accordance with regulations promulgated under
this chapter, within ten days of the date of delivery of such
notice, file a written request for an opportunity to submit
information in support of its position to such person or persons as
the regulations may designate.
(4) If such a request is not made or if such store, concern, or
State agency fails to submit information in support of its position
after filing a request, the administrative determination shall be
final.
(5) If such request is made by such store, concern, or State
agency, such information as may be submitted by the store, concern,
or State agency, as well as such other information as may be
available, shall be reviewed by the person or persons designated by
the Secretary, who shall, subject to the right of judicial review
hereinafter provided, make a determination which shall be final and
which shall take effect thirty days after the date of the delivery
or service of such final notice of determination.
(6) Determinations regarding claims made pursuant to section
2025(c) of this title (including determinations as to whether there
is good cause for not imposing all or a portion of the penalty)
shall be made on the record after opportunity for an agency hearing
in accordance with section 556 and 557 of title 5 in which one or
more administrative law judges appointed pursuant to section 3105
of such title shall preside over the taking of evidence.
(7) Such judges shall have authority to issue and enforce
subpoenas in the manner prescribed in sections (!1) 499m(c) and (d)
of this title and to appoint expert witnesses under the provisions
of Rule 706 of the Federal Rules of Evidence.
(8) The Secretary may not limit the authority of such judges
presiding over determinations regarding claims made pursuant to
section 2025(c) of this title.
(9) The Secretary shall provide a summary procedure for
determinations regarding claims made pursuant to section 2025(c) of
this title in amounts less than $50,000.
(10) Such summary procedure need not include an oral hearing.
(11) On a petition by the State agency or sua sponte, the
Secretary may permit the full administrative review procedure to be
used in lieu of such summary review procedure for a claim of less
than $50,000.
(12) Subject to the right of judicial review hereinafter
provided, a determination made by an administrative law judge
regarding a claim made pursuant to section 2025(c) of this title
shall be final and shall take effect thirty days after the date of
the delivery or service of final notice of such determination.
(13) If the store, concern, or State agency feels aggrieved by
such final determination, it may obtain judicial review thereof by
filing a complaint against the United States in the United States
court for the district in which it resides or is engaged in
business, or, in the case of a retail food store or wholesale food
concern, in any court of record of the State having competent
jurisdiction, within thirty days after the date of delivery or
service of the final notice of determination upon it, requesting
the court to set aside such determination.
(14) The copy of the summons and complaint required to be
delivered to the official or agency whose order is being attacked
shall be sent to the Secretary or such person or persons as the
Secretary may designate to receive service of process.
(15) The suit in the United States district court or State court
shall be a trial de novo by the court in which the court shall
determine the validity of the questioned administrative action in
issue, except that judicial review of determinations regarding
claims made pursuant to section 2025(c) of this title shall be a
review on the administrative record.
(16) If the court determines that such administrative action is
invalid, it shall enter such judgment or order as it determines is
in accordance with the law and the evidence.
(17) During the pendency of such judicial review, or any appeal
therefrom, the administrative action under review shall be and
remain in full force and effect, unless on application to the court
on not less than ten days' notice, and after hearing thereon and a
consideration by the court of the applicant's likelihood of
prevailing on the merits and of irreparable injury, the court
temporarily stays such administrative action pending disposition of
such trial or appeal.
(18) Suspension of stores pending review. - Notwithstanding any
other provision of this subsection, any permanent disqualification
of a retail food store or wholesale food concern under paragraph
(3) or (4) of section 2021(b) of this title shall be effective from
the date of receipt of the notice of disqualification. If the
disqualification is reversed through administrative or judicial
review, the Secretary shall not be liable for the value of any
sales lost during the disqualification period.
(b) In any judicial action arising under this chapter, any food
stamp allotments found to have been wrongfully withheld shall be
restored only for periods of not more than one year prior to the
date of the commencement of such action, or in the case of an
action seeking review of a final State agency determination, not
more than one year prior to the date of the filing of a request
with the State for the restoration of such allotments or, in either
case, not more than one year prior to the date the State agency is
notified or otherwise discovers the possible loss to a household.