PART 279—ADMINISTRATIVE AND JUDICIAL REVIEW—FOOD RETAILERS AND FOOD WHOLESALERS Authority: 7 U.S.C. 2011-2036. Source: Amdt. 136, 43 FR 43279, Sept. 22, 1978, unless otherwise noted. Editorial Note: Nomenclature changes to part 279 appear at 68 FR 41052, July 10, 2003. Subpart A—Administrative Review § 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. (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. [68 FR 41052, July 10, 2003, as amended at 73 FR 79595, Dec. 30, 2008] § 279.2 Manner of filing requests for review. (a) Submitting requests for review. (b) Content of requests. (c) Time limit for requesting review. (1) The filing date shall be the postmark date of the request, or equivalent if the written request is filed by a means other than mail; (2) In computing the 10 day period, the day of delivery of the notice of the action for which review is requested may not be included. The last day of the period so computed shall be included, unless it is a Saturday, a Sunday, or a legal holiday. In that case, the period runs until the end of the next day which is not a Saturday, a Sunday, or a legal holiday. As used in this paragraph, “legal holiday” includes New Year's Day, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, Christmas Day, and any other day designated as a holiday by the President or the Congress of the United States. [Amdt. 136, 43 FR 43279, Sept. 22, 1978, as amended by Amdt. 236, 49 FR 22058, May 25, 1984. Redesignated and amended at 68 FR 41053, July 10, 2003] § 279.3 Content of request for review. (a) Identifying the request. (b) Supporting the request. [Amdt. 136, 43 FR 43279, Sept. 22, 1978, as amended by Amdt. 236, 49 FR 22058, May 25, 1984; Amdt. 334, 57 FR 3913, Feb. 3, 1992. Redesignated and amended at 68 FR 41053, July 10, 2003] § 279.4 Action upon receipt of a request for review. (a) Holding action. (b) Filing supporting information. (c) Extensions of time. [Amdt. 136, 43 FR 43279, Sept. 22, 1978, as amended by Amdt. 236, 49 FR 22059, May 25, 1984; Amdt. 258, 49 FR 28393, July 12, 1984; 49 FR 29769, July 24, 1984; Amdt. 356, 59 FR 29714, June 9, 1994; 64 FR 23174, Apr. 30, 1999. Redesignated and amended at 68 FR 41053, July 10, 2003; 73 FR 79595, Dec. 30, 2008; 85 FR 52749, Aug. 26, 2020] § 279.5 Determination of the designated reviewer. (a) Basis for designated reviewer determination. (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. (c) Review of disqualification or civil money penalty or fine. (d) Review of denial of claim. (e) Determination notifications. (f) Effective date. [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] § 279.6 Legal advice and extensions of time. (a) Advice from Office of the General Counsel. (b) Extensions of time. [Amdt. 136, 43 FR 43279, Sept. 22, 1978, as amended by Amdt. 356, 59 FR 29714, June 9, 1994. Redesignated and amended at 68 FR 41053, July 10, 2003; 85 FR 52479, Aug. 26, 2020] Subpart B—Judicial Review § 279.7 Judicial review. (a) Filing for judicial review. (b) Summons and complaint. (c) Trial de novo. (d) Stay of action. [Amdt. 136, 43 FR 43279, Sept. 22, 1978, as amended by Amdt. 274, 51 FR 18752, May 21, 1986; Amdt. 356, 59 FR 29714, June 9, 1994; 64 FR 23174, Apr. 30, 1999. Redesignated and amended at 68 FR 41053, July 10, 2003; Amdt. 397, 70 FR 72354, Dec. 5, 2005] § 279.8 Implementation of amendments relating to administrative and judicial review. (a) Amendment No. 257. (b) Amendment No. 274. Amendment No. 274 (c) Amendment No. 334. [Amdt. 257, 49 FR 32539, Aug. 15, 1984; Amdt. 262, 49 FR 50598, Dec. 31, 1984, as amended by Amdt. 274, 51 FR 18752, May 21, 1986; Amdt. 334, 57 FR 3913, Feb. 3, 1992. Redesignated at 68 FR 41053, July 10, 2003]