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7 U.S.C. § 2023 — Administrative and judicial review; restoration of rights

Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 2023 — Administrative and judicial review; restoration of rights

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Source file: Laws/federal/codes/united-states-code/title-7/section-2023-administrative-and-judicial-review-restoration-of-rights--7dadbd9a19.md
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Source location: Title 7, Chapter 51, § 2023; chapter-051-supplemental-nutrition-assistance-program.md

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**(a)** (1) Whenever an application of a retail food store or wholesale food concern to participate in the supplemental nutrition assistance program is denied pursuant to [section 2018 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2018&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2021&num=0&edition=prelim), or a retail food store or wholesale food concern forfeits a bond under [section 2021(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2021/d&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2022&num=0&edition=prelim), or a claim against a State agency is stated pursuant to the provisions of [section 2022 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2022&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2025/c&num=0&edition=prelim) (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 11 So in original. Probably should be “sections”. 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 22 So in original. Probably should be “section”. 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2025/c&num=0&edition=prelim). (9) The Secretary shall provide a summary procedure for determinations regarding claims made pursuant to [section 2025(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2025/c&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2025/c&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2025/c&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2021/b&num=0&edition=prelim) 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 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.

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 2012 — Definitions

As used in this chapter, the term: **(a)** “Access device” means any card, plate, code, account number, or other means of access, including point of sale devices, that can be used, alone or in conjunction with another access device, to obtain payments, allotments, benefits, money, goods, or other things of value, or that can be used to initiate a transfer of funds under this chapter. **(b)** “Allotment” means the total value of benefits a household is authorized to receive during each month. **(c)** “Allowable medical expenses” means expenditures for (1) medical and dental care, (2) hospitalization or nursing care (including hospitalization or nursing care of an individual who was a household member immediately prior to entering a hospital or nursing home), (3) prescription drugs when prescribed by a licensed practitioner authorized under State law and over-the-counter medication (including insulin) when approved by a licensed practitioner or other qualified health professional, (4) health and hospitalization insurance policies (excluding the costs of health and accident or income maintenance policies), (5) medicare premiums related to coverage under title XVIII of the Social Security Act [[42 U.S.C. 1395](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1395&num=0&edition=prelim) et seq.], (6) dentures, hearing aids, and prosthetics (including the costs of securing and maintaining a seeing eye dog), (7) eye glasses prescribed by a physician skilled in eye disease or by an optometrist, (8) reasonable costs of transportation necessary to secure medical treatment or services, and (9) maintaining an attendant, homemaker, home health aide, housekeeper, or child care services due to age, infirmity, or illness. **(d) Benefit.—** The term “benefi

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 2025 — Administrative cost-sharing and quality control

**(a) Administrative costs** Subject to subsection (k), the Secretary is authorized to pay to each State agency, through fiscal year 2026, 50 percent, and for fiscal year 2027 and each fiscal year thereafter, 25 percent, of all administrative costs involved in each State agency’s operation of the supplemental nutrition assistance program, which costs shall include, but not be limited to, the cost of (1) the certification of applicant households, (2) the acceptance, storage, protection, control, and accounting of benefits after their delivery to receiving points within the State, (3) the issuance of benefits to all eligible households, (4) informational activities relating to the supplemental nutrition assistance program, including those undertaken under [section 2020(e)(1)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2020/e/1/A&num=0&edition=prelim), but not including recruitment activities designed to persuade an individual to apply for program benefits or that promote the program through television, radio, or billboard advertisements, (5) fair hearings, (6) automated data processing and information retrieval systems subject to the conditions set forth in subsection (g), (7) supplemental nutrition assistance program investigations and prosecutions, (8) implementing and operating the immigration status verification system established under section 1137(d) of the Social Security Act ([42 U.S.C. 1320b–7(d)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1320b–7/d&num=0&edition=prelim)), and (9) establishing and operating a longitudinal database in accordance with [section 2026(n) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2026/n&num=0&edition=prelim)

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 2022 — Disposition of claims

**(a) General authority of the Secretary** (1) **Determination of claims** — Except in the case of an at-risk amount required under [section 2025(c)(1)(D)(i)(II) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2025/c/1/D/i/II&num=0&edition=prelim) or the payment or disposition of a State share under [section 2013(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2013/a/2&num=0&edition=prelim), the Secretary shall have the power to determine the amount of and settle and adjust any claim and to compromise or deny all or part of any such claim or claims arising under the provisions of this chapter or the regulations issued pursuant to this chapter, including, but not limited to, claims arising from fraudulent and nonfraudulent overissuances to recipients, including the power to waive claims if the Secretary determines that to do so would serve the purposes of this chapter. Such powers with respect to claims against recipients may be delegated by the Secretary to State agencies. The Secretary shall have the power to reduce amounts otherwise due to a State agency under [section 2025 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2025&num=0&edition=prelim) to collect unpaid claims assessed against the State agency if the State agency has declined or exhausted its appeal rights under [section 2023 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2023&num=0&edition=prelim). (2) **Claims established under quality control system** — To the extent that a State agency does not pay a claim established under [section 2025(c)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-sec

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Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 1161 — Bill Emerson National Hunger Fellows and Mickey Leland International Hunger Fellows

**(a) Short title** This section may be cited as the “Bill Emerson National Hunger Fellows and Mickey Leland International Hunger Fellows Program Act of 2008”. **(b) Definitions** In this subsection: 11 So in original. Probably should be “section:”. (1) **Director** — The term “Director” means the head of the Congressional Hunger Center. (2) **Fellow** — The term “fellow” means— (A) a Bill Emerson Hunger Fellow; or (B) Mickey Leland Hunger Fellow. (3) **Fellowship Programs** — The term “Fellowship Programs” means the Bill Emerson National Hunger Fellowship Program and the Mickey Leland International Hunger Fellowship Program established under subsection (c)(1). **(c) Fellowship Programs** (1) **In general** — There is established the Bill Emerson National Hunger Fellowship Program and the Mickey Leland International Hunger Fellowship Program. (2) **Purposes** (A) *In general* — The purposes of the Fellowship Programs are— (i) to encourage future leaders of the United States— (I) to pursue careers in humanitarian and public service; (II) to recognize the needs of low-income people and hungry people; (III) to provide assistance to people in need; and (IV) to seek public policy solutions to the challenges of hunger and poverty; (ii) to provide training and development opportunities for such leaders through placement in programs operated by appropriate organizations or entities; and (iii) to increase awareness of the importance of public service. (B) *Bill Emerson Hunger Fellowship Program* — The purpose of the Bill Emerson Hunger Fellowship Program is to address hunger and poverty in the United States. (C) *Mickey Leland Hunger Fellowship Program* — The purpose of the Mickey Leland Hunger Fellowship Program i

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 2024 — Violations and enforcement

**(a) In general** Notwithstanding any other provision of this chapter, the Secretary may provide for the issuance or presentment for redemption of benefits to such person or persons, and at such times and in such manner, as the Secretary deems necessary or appropriate to protect the interests of the United States or to ensure enforcement of the provisions of this chapter or the regulations issued pursuant to this chapter. **(b) Unauthorized use, transfer, acquisition, alteration, or possession of benefits** (1) Subject to the provisions of paragraph (2) of this subsection, whoever knowingly uses, transfers, acquires, alters, or possesses benefits in any manner contrary to this chapter or the regulations issued pursuant to this chapter shall, if such benefits are of a value of $5,000 or more, be guilty of a felony and shall be fined not more than $250,000 or imprisoned for not more than twenty years, or both, and shall, if such benefits are of a value of $100 or more, but less than $5,000, or if the item used, transferred, acquired, altered, or possessed is a benefit that has a value of $100 or more, but less than $5,000, be guilty of a felony and shall, upon the first conviction thereof, be fined not more than $10,000 or imprisoned for not more than five years, or both, and, upon the second and any subsequent conviction thereof, shall be imprisoned for not less than six months nor more than five years and may also be fined not more than $10,000 or, if such benefits are of a value of less than $100, or if the item used, transferred, acquired, altered, or processed 11 So in original. Probably should be “possessed”. is a benefit that has a value of less than $100, shall be guilty of a misdemeanor, and, upon the first conviction thereof, shall be fined not more than $1,0

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 2018 — Approval of retail food stores and wholesale food concerns

**(a) Authorization to accept and redeem benefits** (1) **Applications.—** (A) *In general.—* — Regulations issued pursuant to this chapter shall provide for the submission of applications for approval by retail food stores and wholesale food concerns which desire to be authorized to accept and redeem benefits under the supplemental nutrition assistance program and for the approval of those applicants whose participation will effectuate the purposes of the supplemental nutrition assistance program. (B) *Factors for consideration.—* — In determining the qualifications of applicants, there shall be considered among such other factors as may be appropriate, the following: (i) the nature and extent of the food business conducted by the applicant; (ii) the volume of benefit transactions which may reasonably be expected to be conducted by the applicant food store or wholesale food concern; (iii) whether the applicant is located in an area with significantly limited access to food; (iv) any information, if available, about the ability of the anticipated or existing electronic benefit transfer equipment and service provider of the applicant to provide sufficient information through the electronic benefit transfer system to minimize the risk of fraudulent transactions; and (v) the business integrity and reputation of the applicant. (C) *Certificate.—* — Approval of an applicant shall be evidenced by the issuance to such applicant of a nontransferable certificate of approval. (D) *Visit required.—* — No retail food store or wholesale food concern of a type determined by the Secretary, based on factors that include size, location, and type of items sold, shall be approved to be authorized or reauthorized for participation in the supplemental n

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 8701 — Geographically disadvantaged farmers and ranchers

**(a) Definitions** In this section: (1) **Agricultural commodity** — The term “agricultural commodity” has the meaning given the term in [section 5602 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section5602&num=0&edition=prelim). (2) **Geographically disadvantaged farmer or rancher** — The term “geographically disadvantaged farmer or rancher” has the meaning given the term in section 10906(a) of the Farm Security and Rural Investment Act of 2002 ([7 U.S.C. 2204](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2204&num=0&edition=prelim) note; Public Law 107–171). **(b) Authorization** Subject to the availability of funds under subsection (d), the Secretary may provide geographically disadvantaged farmers or ranchers direct reimbursement payments for activities described in subsection (c). **(c) Transportation** (1) **In general** — Subject to paragraphs (2) and (3), the Secretary may provide direct reimbursement payments to a geographically disadvantaged farmer or rancher to transport an agricultural commodity, or inputs used to produce an agricultural commodity, during a fiscal year. (2) **Proof of eligibility** — To be eligible to receive assistance under paragraph (1), a geographically disadvantaged farmer or rancher shall demonstrate to the Secretary that transportation of the agricultural commodity or inputs occurred over a distance of more than 30 miles, as determined by the Secretary. (3) **Amount** (A) *In general* — Subject to paragraph (2), the amount of direct reimbursement payments made to a geographically disadvantaged farmer or rancher under this section for a fiscal year shall equal the product obtained by multiplying— (i) the amount of costs incurred by the geographically di

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7 U.S.C. § 2021 — Civil penalties and disqualification of retail food stores and wholesale food concerns

**(a) Disqualification** (1) **In general** — An approved retail food store or wholesale food concern that violates a provision of this chapter or a regulation under this chapter may be— (A) disqualified for a specified period of time from further participation in the supplemental nutrition assistance program; (B) assessed a civil penalty of up to $100,000 for each violation; or (C) both. (2) **Regulations** — Regulations promulgated under this chapter shall provide criteria for the finding of a violation of, the suspension or disqualification of and the assessment of a civil penalty against a retail food store or wholesale food concern on the basis of evidence that may include facts established through on-site investigations, inconsistent redemption data, or evidence obtained through a transaction report under an electronic benefit transfer system. **(b) Period of disqualification** Subject to subsection (c), a disqualification under subsection (a) shall be— (1) for a reasonable period of time, not to exceed 5 years, upon the first occasion of disqualification; (2) for a reasonable period of time, not to exceed 10 years, upon the second occasion of disqualification; (3) permanent upon— (A) the third occasion of disqualification; (B) the first occasion or any subsequent occasion of a disqualification based on the purchase of coupons or trafficking in coupons or authorization cards by a retail food store or wholesale food concern or a finding of the unauthorized redemption, use, transfer, acquisition, alteration, or possession of EBT cards, except that the Secretary shall have the discretion to impose a civil penalty of up to $20,000 for each violation (except that the amount of civil penalties imposed for violations occurring during a single investi

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 2015 — Eligibility disqualifications

**(a) Additional specific conditions rendering individuals ineligible** In addition to meeting the standards of eligibility prescribed in [section 2014 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2014&num=0&edition=prelim), households and individuals who are members of eligible households must also meet and comply with the specific requirements of this section to be eligible for participation in the supplemental nutrition assistance program. **(b) Fraud and misrepresentation; disqualification penalties; ineligibility period; applicable procedures** (1) Any person who has been found by any State or Federal court or administrative agency to have intentionally (A) made a false or misleading statement, or misrepresented, concealed or withheld facts, or (B) committed any act that constitutes a violation of this chapter, the regulations issued thereunder, or any State statute, for the purpose of using, presenting, transferring, acquiring, receiving, or possessing program benefits shall, immediately upon the rendering of such determination, become ineligible for further participation in the program— (i) for a period of 1 year upon the first occasion of any such determination; (ii) for a period of 2 years upon— (I) the second occasion of any such determination; or (II) the first occasion of a finding by a Federal, State, or local court of the trading of a controlled substance (as defined in [section 802 of title 21](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section802&num=0&edition=prelim)) for benefits; and (iii) permanently upon— (I) the third occasion of any such determination; (II) the second occasion of a finding by a Federal, State, or local court of the trading of a co

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 2020 — Administration

**(a) State responsibility** (1) **In general** — The State agency of each participating State shall have responsibility for certifying applicant households and issuing EBT cards. (2) **Local administration** — The responsibility of the agency of the State government shall not be affected by whether the program is operated on a State-administered or county-administered basis, as provided under [section 2012(s)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2012/s/1&num=0&edition=prelim). (3) **Records** (A) *In general* — Each State agency shall keep such records as may be necessary to determine whether the program is being conducted in compliance with this chapter (including regulations issued under this chapter). (B) *Inspection and audit* — All records, and the entire information systems in which records are contained, that are covered in subparagraph (A) shall— (i) be made available for inspection and audit by the Secretary, subject to data and security protocols agreed to by the State agency and Secretary; (ii) subject to subsection (e)(8), be available for review in any action filed by a household to enforce any provision of this chapter (including regulations issued under this chapter); and (iii) be preserved for such period of not less than 3 years as may be specified in regulations. (4) **Review of major changes in program design** (A) *In general* — The Secretary shall develop standards for identifying major changes in the operations of a State agency, including— (i) large or substantially-increased numbers of low-income households that do not live in reasonable proximity to an office performing the major functions described in subsection (e); (ii) substantial increases in reli

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