[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC2023]
TITLE 7--AGRICULTURE
CHAPTER 51--FOOD STAMP PROGRAM
Sec. 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.
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\1\ So in original. Probably should be ``section''.
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(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.
(Pub. L. 88-525, Sec. 14, Aug. 31, 1964, 78 Stat. 708; Pub. L. 91-671,
Sec. 7, Jan. 11, 1971, 84 Stat. 2052; Pub. L. 92-603, title IV,
Sec. 411(f), Oct. 30, 1972, 86 Stat. 1492; Pub. L. 95-113, title XIII,
Sec. 1301, Sept. 29, 1977, 91 Stat. 974; Pub. L. 97-98, title XIII,
Sec. 1320(b), Dec. 22, 1981, 95 Stat. 1286; Pub. L. 97-253, title I,
Sec. 176(b), Sept. 8, 1982, 96 Stat. 781; Pub. L. 99-198, title XV,
Sec. 1536, Dec. 23, 1985, 99 Stat. 1585; Pub. L. 100-435, title VI,
Sec. 603, Sept. 19, 1988, 102 Stat. 1674; Pub. L. 103-66, title XIII,
Sec. 13951(b), Aug. 10, 1993, 107 Stat. 678; Pub. L. 104-193, title
VIII, Sec. 845, Aug. 22, 1996, 110 Stat. 2333; Pub. L. 107-171, title
IV, Sec. 4117(a), May 13, 2002, 116 Stat. 316.)
References in Text
The Federal Rules of Evidence, referred to in subsec. (a)(7), are
set out in the Appendix to Title 28, Judiciary and Judicial Procedure.
Amendments
2002--Subsec. (a)(2). Pub. L. 107-171 added heading and text of par.
(2) and struck out former par. (2) which read as follows: ``Such notice
shall be delivered by certified mail or personal service.''
1996--Subsec. (a). Pub. L. 104-193 designated first through
seventeenth sentences as pars. (1) to (17), respectively, and added par.
(18).
1993--Subsec. (a). Pub. L. 103-66 inserted ``(including
determinations as to whether there is good cause for not imposing all or
a portion of the penalty)'' after ``Determinations regarding claims made
pursuant to section 2025(c) of this title'' in sixth sentence and struck
out at end ``Notwithstanding the administrative or judicial review
procedures set forth in this subsection, determinations by the Secretary
concerning whether a State agency had good cause for its failure to meet
error rate tolerance levels established under section 2025(c) of this
title are final.''
1988--Subsec. (a). Pub. L. 100-435 inserted provisions relating to
judicial review and determinations regarding excessive payment error
rate claims pursuant to section 2025(c) of this title.
1985--Subsec. (a). Pub. L. 99-198 substituted ``on application'' for
``an application'' and ``consideration by the court of the applicant's
likelihood of prevailing on the merits and of irreparable injury'' for
``showing of irreparable injury''.
1982--Subsec. (a). Pub. L. 97-253 substituted ``section 2021 of this
title, or a retail food store or wholesale food concern forfeits a bond
under section 2021(d) of this title,'' for ``section 2021 of this
title,''.
1981--Pub. L. 97-98 designated existing provision as subsec. (a) and
added subsec. (b).
1977--Pub. L. 95-113 substituted revised provisions for
administrative and judicial review for provisions relating to violations
and enforcement which are now covered by section 2024 of this title.
1972--Subsec. (e). Pub. L. 92-603 struck out subsec. (e) which
provided that no person be charged with violation of this chapter or any
other law on the basis of statements or information contained in
affidavits filed under section 2019(c) of this title, except for fraud.
1971--Subsec. (a). Pub. L. 91-671, Sec. 7(a), provided for purchase
of coupons.
Subsec. (b). Pub. L. 91-671, Sec. 7(a), included alteration as an
offense and made authorization to purchase cards the subject matter of
the enumerated offenses.
Subsec. (e). Pub. L. 91-671, Sec. 7(b), added subsec. (e).
Effective Date of 2002 Amendment
Pub. L. 107-171, title IV, Sec. 4117(b), May 13, 2002, 116 Stat.
316, provided that: ``The amendment made by this section [amending this
section] takes effect on the date of enactment of this Act [May 13,
2002].''
Effective Date of 1993 Amendment
Amendment by Pub. L. 103-66 effective Oct. 1, 1991, see section
13971(b)(1)(A) of Pub. L. 103-66, set out as a note under section 2025
of this title.
Effective Date of 1988 Amendment
Amendment by Pub. L. 100-435 effective Oct. 1, 1985, with respect to
claims under section 2025(c) of this title for quality control review
periods after such date, except as otherwise provided, see section
701(b)(5)(C), (D) of Pub. L. 100-435, set out as a note under section
2012 of this title.
Effective Date of 1982 Amendment
Amendment by Pub. L. 97-253 effective Sept. 8, 1982, see section
193(a) of Pub. L. 97-253, set out as a note under section 2012 of this
title.
Effective Date of 1981 Amendment
Amendment by Pub. L. 97-98 effective on earlier of Sept. 8, 1982, or
date such amendment became effective pursuant to section 1338 of Pub. L.
97-98, set out as a note under section 2012 of this title, see section
192(b) of Pub. L. 97-253, set out as
