PART 1603-ADMINISTRATIVE AND JUDICIAL REVIEW-RETAILERS AND WHOLESALERS

Subpart A-Administrative Review-General Sec.

1603.1 Scope and purpose.

1603.2 Food Stamp Review Officer. 1603.3 Authority and jurisdiction. 1603.4 Rules of procedure.

Subpart B-Rules of Procedure

1603.5 Manner of filing requests for review. 1603.6 Content of requests for review. 1603.7 Action upon receipt of a request for review.

1603.8 Determination of the Food Stamp Review Officer.

1603.9 Legal advice and extensions of time.

Subpart C-Judicial Review

1603.10 Judicial review.

AUTHORITY: The provisions of this Part 1603 issued under 78 Stat. 703, 7 U.S.C. 2011 note.

SOURCE: The provisions of this Part 1603 appear at 30 F.R. 13132, Oct. 15, 1965, unless otherwise noted.

Subpart A-Administrative ReviewGeneral

Sub

This Subpart A sets forth the procedure for the designation of Food Stamp Review Officers and the authority and jurisdiction of such Officers. part B of this part sets forth the rules of procedure to be followed in the filing and disposition of the requests for review for which provision is made in § 1602.8 of this chapter. Subpart C of this part relates to the provisions governing the rights of retailers and wholesalers to judicial review of the final determinations of the Food Stamp Review Officer. § 1603.2 Food Stamp Review Officer.

The Administrator, C&MS, shall designate one or more persons to act as Food Stamp Review Officers. Such Officers shall serve for such periods as the Addetermine. ministrator, C&MS, shall Changes in designations and additional designations, may be made from time to time at the discretion of the Administrator, C&MS. When more than one Food Stamp Review Officer has been designated, requests for review will be assigned for handling to individual Food Stamp Review Officers by a person designated by the Administrator, C&MS. The names of the Food Stamp Review Officers

shall be on file in the Office of the Administrator, C&MS.

§ 1603.3

Authority and jurisdiction.

(a) A Food Stamp Review Officer shall act for the Department on requests for review filled by retail food stores or wholesale food concerns aggrieved by any of the following actions:

(1) Denial of an application to participate in the Program under § 1620.1 of this chapter.

(2) Disqualification from participation in the Program under § 1602.6 of this chapter.

(3) Denial of all or any part of any claim under § 1602.7 of this chapter.

(b) The determination of the Food Stamp Review Officer on such a review shall be the final administrative determination of the Department, subject, however, to judicial review as provided in section 13 of the Food Stamp Act of 1964 and Subpart C of this part.

§ 1603.4 Rules of procedure.

Rules of procedure for the orderly filing and disposition of requests for review of retail food stores or wholesale food concerns submitted in accordance with § 1603.3 shall be issued in Subpart B of this part. The Administrator, C&MS, may subsequently issue amendments to such rules of procedure as he deems appropriate.

Subpart B-Rules of Procedure

§ 1603.5 Manner of filing requests for review.

(a) Requests for review submitted by retail food stores or wholesale food concerns shall be mailed to or filed with "Food Stamp Review Officer, C&MS, U.S. Department of Agriculture, Washington, D.C. 20250."

(b) Such requests shall be in writing and shall state the name and business address of the firm involved, and the name, address and position with the firm of the person who signed the request. The request shall be signed by the owner of the retail food store or wholesale food concern, an officer or partner of the firm, or by counsel, and need not be under oath.

(c) Such a request shall be filed with the Food Stamp Review Officer within ten calendar days of the date of delivery of the notice of the action for which review is requested. For the purpose of determining whether such a request was timely filed, the filing date shall be

deemed to be the postmark date of the request, or equivalent if the written request is filed by a means other than mail. § 1603.6 Content of requests for review. (a) Requests for review shall clearly identify the administrative action from which the review is requested. Such identification shall include the date of the letter or other written communication notifying the firm of the administrative action; the name and title of the person who signed such letter or other communication; and whether the action under appeal concerns a denial of an application for participation, a disqualification from further participation, or a denial of all or any part of a claim.

(b) Such requests shall include information in support of the request showing the grounds on which the review is being sought from the administrative action, or it shall state that such information will be filed in writing at a later date. In such event, the Food Stamp Review Officer shall notify the firm of the date by which such information must be filed. The firm requesting review may ask for an opportunity to appear before the Food Stamp Review Officer in person: Provided, however, That any information so submitted in person shall, if directed by the Food Stamp Review Officer, be reduced to writing by the firm and subsequently filed with the Food Stamp Review Officer within such period as he shall specify.

§ 1603.7 Action upon receipt of a request for review.

(a) Upon receipt of a request for review of a disqualification action, the Food Stamp Review Officer shall notify the Director of the Food Stamp Division, C&MS, in writing, of the action under review and shall direct that the administrative action shall be held in abeyance until the Review Officer has made his determination. Upon receipt of a request for review of a denial of application to participate in the Program, or of a denial of a claim, the Food Stamp Review Officer shall notify the Director of the Food Stamp Division, C&MS, in writing, of the action under review and shall direct that the retailer or wholesaler shall not be approved for participation or paid any part of the disputed claim until the Review Officer has made his determination. In any case, notice to the Director shall be accompanied by a copy of the request filed by the firm.

(b) If the request filed by the firm includes a request for an opportunity to file written information in support of its position at a later date, the Food Stamp Review Officer shall promptly notify the firm of the date by which such information shall be filled. If the firm fails to file any information in support of its position by the designated date, the information submitted with the original request shall be deemed to be the only information submitted by the firm. In such event, if no information in support of the firm's position was submitted with the original request, the action of the Director, Food Distribution Area Office, C&MS, or of the Director, Food Stamp Division, C&MS, whichever is applicable, shall be final.

(c) If the firm filing the request for review asked for an opportunity to appear before the Food Stamp Review Officer in person, such Officer shall promptly notify the firm of the date, time and place set for such appearance. If such firm fails to appear before the Food Stamp Review Officer as specified, any written information timely subImitted in accordance with this section shall be deemed to be the only information submitted by such firm.

(d) The Food Stamp Review Officer shall require the Director, Food Stamp Division, C&MS, to promptly submit, in writing, all information which was the basis for the administrative action for which the review has been requested. § 1603.8

Determination of the Food Stamp Review Officer.

(a) The Food Stamp Review Officer shall make a determination based upon: (1) The information submitted by the Director, Food Stamp Division, C&MS, (2) information submitted by the firm in support of its position and (3) such additional information, in writing, as may be obtained by such Officer from any other person having relevant information.

(b) In the case of a request for review of a denial of an application to participate in the Program, the determination of the Food Stamp Review Officer shall sustain the action under review or shall direct that the firm be approved for participation.

(c) In the case of a request for review of action disqualifying a firm from participation in the Program, the determination of the Food Stamp Review Officer shall sustain the action under review or

specify a shorter period of disqualification, direct that an official warning letter be issued to the firm in lieu of any period of disqualification, or direct that no administrative action be taken in the case.

(d) In the case of a request for review of a denial of all or any part of a claim of a firm, the determination of the Food Stamp Review Officer shall sustain the action under review or shall specify the amount of the claim to be paid by C&MS.

(e) The Food Stamp Review Officer shall notify the firm of his determination by certified mail. Such notification shall be sent to the representative of the firm who filed the request for review.

(f) The Food Stamp Review Officer shall send a copy of his notification to the firm to the Director, Food Stamp Division, C&MS, who shall undertake such action as may be necessary to comply with the determination of such Officer.

(g) The determination of the Food Stamp Review Officer shall take effect 15 days after the date of delivery of such determination to the firm.

§ 1603.9 Legal advice and extensions of time.

(a) If any request for review involves any doubtful questions of law, the Food Stamp Review Officer shall obtain the advice of the Office of the General Counsel, U.S. Department of Agriculture.

(b) Upon timely written request to the Food Stamp Review Officer by the firm requesting the review, the Food Stamp Review Officer may grant extensions of time, if, in his discretion, additional time is required for the firm to fully present information in support of its position: Provided, however, That no extensions shall be made in the time allowed for the filing of a request for review.

Subpart C-Judicial Review

§ 1603.10 Judicial review.

(a) A food retailer or food wholesaler aggrieved by the determination of the

Food Stamp Review Officer, may obtain judicial review of such determinations by filing a complaint against the United States in the United States District Court for the district in which he resides or is engaged in business, or in any court or record of the State having competent jurisdiction. Such complaint must be filed within 30 days after the date of delivery or service upon him of the notice of determination of the Food Stamp Review Officer in accordance with § 1603.8 (e), otherwise such determination shall be final.

(b) Service of the summons and complaint in any such action shall be made in accordance with the Rules of Civil Procedure for the United States District Courts. The copy of the summons and complaint required by such Rules to be served on the officer or agency whose order is being attacked shall be sent by registered or certified mail to the person in charge of the applicable Area Office of C&MS listed in § 1600.5 of this chapter.

(c) The suit in the United States District Court or in the State court, as the case may be, shall be a trial de novo by the court in which the court shall determine the validity of the questioned administrative action in issue. 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.

(d) During the pendency of such judicial review, or any appeal therefrom, the administrative action under review shall remain full force and effect, unless the firm makes application to the court upon not less than ten days' notice, and, after hearing thereon and a showing of irreparable injury; the court temporarily stays the administrative action under review pending disposition of the de novo trial or an appeal therefrom.

NOTE: The reporting and/or recordkeeping requirements contained herein have been approved by the Bureau of the Budget in accordance with the Federal Reports Act of

1942.

1700.1 Loans pursuant to section 4 of Rural Electrification Act.

1700.2 Loans pursuant to section 5 of Rural Electrification Act.

1700.3 Loans pursuant to section 201 of Rural Electrification Act. 1700.4 Studies, investigations, and reports. 1700.5 Loan security activities.

1700.6 Issuances implementing procedure.

AUTHORITY: The provisions of this Part 1700 issued under 49 Stat. 1363, as amended; 7 U.S.C. 901-915, 921–924.

SOURCE: The provisions of this Part 1700 appear at 28 F.R. 117, Jan. 4, 1963, unless otherwise noted. Redesignated at 31 F.R. 16225, Dec. 20, 1966.

§ 1700.1 Loans pursuant to section 4 of Rural Electrification Act.

(a) General. These loans are made to finance the construction and operation of generating plants, electric transmission and distribution lines or systems to provide initial and continued adequate electric service to persons in rural areas. The loans must be self-liquidating within a period of not to exceed thirty-five years, bear interest at the rate of two per centum per annum, and must be reasonably secured in the judgment of the Administrator. They may be made to persons, corporations, public bodies, and to cooperative, non-profit, or limited dividend associations. Preference is to

be given to public bodies and to cooperative, non-profit, or limited dividend associations.

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(b) Loan applications. Applications for these loans are made on forms prescribed by REA and supported by a resolution of the applicant's board of directors. Copies of these standard forms are made available by REA on request. Applicants for loans from the Rural Electrification Administration are sisted, as necessary, in perfecting their organization, in the conduct of their surveys and in the preparation of the loan application. After the information provided by the application has been examined, the applicant is notified of any further steps to be taken. If an application is acceptable after legal, engineering, economic, and financial studies, funds are obligated by a loan contract and the borrower gives a note, mortgage, and, in some cases, other security.

(c) Construction. Under the loan agreements REA reserves the right to approve the design and construction of the facilities, and to require progress reports on construction and audits of the borrower's records relating to construction.

(d) Advance of loan funds. Loan funds are advanced on the basis of requisitions submitted by borrowers in accordance with the loan contract.

§ 1700.2

Loans pursuant to section 5 of Rural Electrification Act.

(a) General. These loans are made to the borrowers of funds loaned under section 4 of the Rural Electrification Act for financing the wiring of the premises of persons in rural areas and for purchase and installation of electrical and plumbing appliances and equipment, including machinery. The loans are required to be repaid, generally over a period of ten years, and bear interest at two per centum per annum. The funds made available to REA borrowers under these loans are reloaned to their consumers.

(b) Loan applications. There is no standard or prescribed form of application for this type of loan. A letter accompanied by a resolution of the board of directors is submitted in support of the application setting forth the purposes for which the loan is requested and the amounts required for each purpose. Supplemental data is required of the applicant as necessary to complete the particular application. If the Administrator approves a loan proposal, the applicant is notified and loan documents are forwarded for the signature of the borrower.

(c) Advance of loan funds. Loan funds are advanced on the basis of requisitions submitted by borrowers in accordance with the loan contract.

§ 1700.3 Loans pursuant to section 201 of Rural Electrification Act.

(a) General. These loans are made for the purpose of financing the improvement, expansion, construction, acquisition, and operation of telephone lines, facilities, or systems to furnish or improve telephone service in rural areas. Borrowers may be required to provide a portion of the investment themselves. The loans must be self-liquidating within a period of not to exceed thirty-five years, bear interest at the rate of two per centum per annum and must be reasonably secured in the judgment of the Administrator. The loans may be made to any type of commercial or non-profit corporation now providing or who may hereafter prvide telephone service in rural areas. Preference is to be given to persons providing telephone service in rural areas, and to cooperative, nonprofit, limited dividend, or mutual associations.

(b) Loan applications. Applications for these loans are made on forms pre

scribed by REA, copies of which are made available by REA on request. Applicants for loans from the Rural Electrification Administration are assisted as necessary in perfecting their organization, in the conduct of their surveys and in the preparation of loan applications. After the information provided by the application has been examined, the applicant is notified of any further steps to be taken. If an application is acceptable after legal, engineering, economic, and financial studies, funds are obligated by a loan contract and the borrower gives a note, mortgage, and, in some cases, other security.

(c) Construction. Under the loan agreements, REA reserves the right to approve the design and construction of the facilities, and to require progress reports on construction and audits of the borrower's records relating to construction.

(d) Advance of loan funds. Loan funds are advanced on the basis of requisitions submitted by borrowers in accordance with the loan contract.

§ 1700.4 Studies, investigations, and reports.

Pursuant to section 2 of the Act, the agency may make or cause to be made studies, investigations, and reports concerning the condition and progress of electrification and telephony in rural areas in the several States and territories and may publish and disseminate information with respect thereto.

§ 1700.5 Loan security activities.

In carrying out the program of rural electrification and rural telephony provided by the Act, and in the interest of loan security, the agency requires of borrowers periodic reports on operations, annual audits, etc., and provides specialized and technical accounting, engineering, and other managerial assistance to borrowers in respect to the construction and operation of their facilities, and to help them establish efficient and economical service in rural areas.

§ 1700.6 Issuances implementing procedure.

There are available from REA, upon request, (a) basic forms of loan agreements, and (b) bulletins issued from time to time which implement the loan agreements and the procedures herein set forth.