7 CFR 279.1 - Jurisdiction and authority.

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§ 279.1 Jurisdiction and authority.

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]

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


United States Code
U.S. Code: Title 7 - AGRICULTURE

§ 2011 - Congressional declaration of policy

§ 2012 - Definitions

§ 2012a - Publicly operated community health centers

§ 2013 - Establishment of supplemental nutrition assistance program

§ 2014 - Eligible households

§ 2015 - Eligibility disqualifications

§ 2016 - Issuance and use of program benefits

§ 2017 - Value of allotment

§ 2018 - Approval of retail food stores and wholesale food concerns

§ 2019 - Redemption of program benefits

§ 2020 - Administration

§ 2021 - Civil penalties and disqualification of retail food stores and wholesale food concerns

§ 2022 - Disposition of claims

§ 2023 - Administrative and judicial review; restoration of rights

§ 2024 - Violations and enforcement

§ 2025 - Administrative cost-sharing and quality control

§ 2026 - Research, demonstration, and evaluations

§ 2027 - Appropriations and allotments

§ 2028 - Consolidated block grants for Puerto Rico and American Samoa

§ 2029 - Workfare

§ 2030 - Repealed. Pub. L. 110–234, title IV, § 4115(b)(14), May 22, 2008, 122 Stat. 1108, and Pub. L. 110–246, § 4(a), title IV, § 4115(b)(14), June 18, 2008, 122 Stat. 1664, 1870

§ 2031 - Minnesota Family Investment Project

§ 2032 - Automated data processing and information retrieval systems

§ 2033 - Repealed. Pub. L. 107–171, title IV, § 4124(b), May 13, 2002, 116 Stat. 326

§ 2034 - Assistance for community food projects

§ 2035 - Simplified supplemental nutrition assistance program

§ 2036 - Availability of commodities for emergency food assistance program