Mar 21, 2024

USDA DISQUALIFICATION DETERMINATION – APPEAL

The U.S. Department of Agricultural Supplemental Nutrition Assistance Program, or snap, is the primary food assistance program in the United States. Vendors or merchants are able to apply to participate in the program. If accepted, the merchants can sell certain foodstuffs to program participants via the snap EBT payment system.

Notification and Charging Letter

Every year, vendors or merchants in New York, and across the United States, receive notification that they are alleged to have committed snap violations.

Such allegations are communicated to vendors or merchants via what is known as a charging letter.

Response to Allegations

Upon receiving a charging letter, a vendor or business is able to take steps to defend against allegations being made.

The first step in that process is responding directly to the allegations raised in the charging letter. That response is made directly to the USDA snap program itself.

This initially response must be made within 10 days of receipt of the charging letter.

Failure to meet that deadline results in the allegations made by the agency to be accepted as true, resulting in further agency action. That agency action can be disqualification of the vendor or merchant from participating further in the snap program.

USDA Disqualification Appeals Process

Phase One: Agency Review

In order to more clearly understand the appeals process involving snap violations, a merchant can think of it as consisting of two separate phases.

The first phase involves lodging an appeal within the USDA itself. This is oftentimes is referred to as an administrative review or administrative appeal of an agency action.

Administrative Appeal Requirements and Procedures

The USDA has established specific rules, including a timeframe, for an internal administrative appeal of the initial determination of the agency regarding snap violations.

A merchant must prepare an appropriate responsive pleading or legal document that sets forth with specificity why the initial determination of snap violations should be overturned via the administrative appeal.

The merchant, who technically is known as the appellant, has the legal burden of providing sufficient evidence to warrant reversing the initial decision of the USDA.

Specifically, the vendor must demonstrate by a preponderance of the evidence that the decision of the USDA regarding snap violations should reversed. In other words, the vendor must demonstrate that its version of the facts are more likely than not to be true and correct.

If the appealing vendor fails to get a favorable decision during phase one, the merchant has another step to take in the appeals process.

USDA DISQUALIFICATION DETERMINATION – APPEAL