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Judicial Appeals for SNAP Charges Against Grocers

If it so happens that you find yourself needing to defend your business against accusations of SNAP law breaches, this means trouble. Your are now, by default, in jeopardy. You risk seeing your privileges to take EBT card payments from your customers permanently suspended. Such an event can spell disaster for your grocery store. Thank goodness for due process! Take advantage of your legal right to get a judge to take another look. The government’s decision to revoke your SNAP retailer license can be challenged. 7 U.S. Code § 2023 (a)(13) furnishes business owners with a right to a judicial review. This review examines an administrative action brought on by an SNAP violation charge.

At What Point Can I Have a Judicial Review?

In the wake of an administrative review, you will be able to apply for a Judicial Review. The Administrative Review Branch ensures that FNS follows the provisions of the Food and Nutrition Act. You as the business owner reserve the right and responsibility. You must conclude whether to file the judicial action. Should you choose to do so, you have just thirty short days. You must get the court action filed once the administrative reviewer delivers their verdict. If, by happenstance, you cannot get this court action filed in the allotted time frame, consequences follow. You automatically lose your right to bring a case.

How Does One File for a Judicial Review?

Step one is to submit your case file to the relevant U.S. District Court. Citizens who opt to come against an administrative decision have specific requirements. They must file their own review case in the court. They must name the USA as the opposing party. The copy of the summons and complaint must be delivered to the Secretary or designated persons. The attorneys representing for the defendant (United States) need to receive service. Service must be in accordance with the Federal Rules of Civil Procedure for the U.S. District Courts.

What To Expect from the Judicial Review Procedure?

Judicial appeals move very much like other court cases. It is also customarily known as a “de novo” hearing. A judge hands down a decision in a de novo hearing from scratch. The judge does not peruse the body of paperwork to investigate what went on during the administrative review. Indeed, it is seriously critical that you do thorough and in-depth preparation for your matter. Preparation must be complete with admissible evidence. It will benefit you to put together your evidence to present to the judge. Evidence must comply with the Federal Rules of Evidence.

At times, you are permitted a period for discovery by the district court. Discovery is a period of time during which you are given a chance. You can discover any witnesses that the government may bring to testify at trial. Further, you could even get a chance to ask the government’s witnesses strategic questions. This allows you to have an idea up front of what they are going to say. This can be a huge help in preparing for an effective examination in the courtroom.

Court Motions and Settlement Opportunities

In general, the opposing parties are afforded the opportunity to file court motions. These occur in the weeks before the trial date. Filings may consist of documents that request the court permission. They may also refuse to admit certain evidence at the hearing. You need to respond to a motion from the government’s lawyers asking for a dismissal. Both sides would be able to request the awarding summary disposition. This award can occur when the parties mutually conclude something important. Sufficient facts are present to allow the judge to make a decision without hearing anything more.

The period before trial can also be ripe for settlement negotiations. A keen counselor can be an asset in conversations with the government’s counsel. They can mastermind a way to come to some middle ground. Indeed, you could successfully reach an agreement. This agreement could provide for the dismissal of the case. It makes it possible for you to go back to running your business as normal.

Where no resolution can be reached, the matter proceeds to trial. You may be asked to testify in court. The judge will hear all of the evidence and then hand down a decision. FNS takes immediate administrative action to ensure stores that violate SNAP rules no longer participate. For SNAP judicial appeal, no right to a jury trial exists. The judge is the one person presiding over the case. He or she has the final say.

What is happening in my case while I wait?

Grocers in court sometimes get anxious about the possibility. The reviewer’s decision may be submitted while you await your trial date. If this happens, and you need to stop the reviewer’s decision to take effect, action is required. During the pendency of judicial review, the administrative action remains in full force unless stayed. You must be prompt about requesting that the court issue a stay. For a judge to grant you a stay, you must demonstrate to the court something specific. Your chances of winning your case based upon the merits of your position must be on the high side. The burden is also on you to show them that irreparable damage is a likely outcome. This damage would occur if the administrative verdict goes into effect before the court has an opportunity. The court needs time to hear your review case and make a decision.

Do I get reimbursed for my losses?

Regardless of whether the court denies you an administrative stay, success is possible. You might still succeed in your case and be handed a verdict in your favor. Nevertheless, even if that should happens, you do not have a right to claim financial recompense. The Secretary shall not be liable for the value of any sales lost during the disqualification period. You cannot get money from the US government for the business you missed out on. This happens while the administrative decision was in effect. This is an important consideration as you make choices. Consider whether to negotiate an agreement with the defense before the case goes to trial.

What outcomes can I expect?

Under some circumstances, the court may opt to uphold the reviewer’s verdict. Other times, they may opt to vacate it. There is also a third course of action they could take. It is key that you communicate to the court in no uncertain terms. Tell them exactly what you’re asking of them when you bring your matter before them.

What Happens if the Outcome is Against Me?

Grocers who are unhappy with the U.S. District Court decision have the right to appeal. This appeal goes to the U.S. Circuit Court. In this appeal, the circuit court judges peruse the record from the district court. In fact, you could presumably take your case all the way up to the U.S. Supreme Court. This happens if you don’t get the outcome you want in the lower courts. For such a case to reach that far is a rarity. Nonetheless our well versed legal counsel can assist you in making the best possible choices. Bottom line, if you actually sold things like – whiskey, you shouldn’t even bother.

How Will I Benefit from Having a Specialist SNAP Lawyer on My Side?

At our firm, we employ talented SNAP violation judicial appeals attorneys. They boast a wealth of education and experience. Store owners and employees must be trained to understand SNAP rules and requirements. They can be very helpful to you in preparing and presenting a solid case. They file it in a professional manner. Regardless of what point you are at in the process, we will give you highly professional legal services. These services successfully battle for you to the fullest extent of the law. We will put in hard work for you. We review the facts and the law and put together your case.

From the very start, we will fully review the current position of your matter. If you are past the stage of administrative review, we sort through to see what worked well. We also identify what was not successful. We can then come to decisions as to how to manage things differently. This helps win better results in the U.S. District Court. To get ready for trial, we painstakingly assemble your case. We maintain a keen eye on the Rules of Evidence. We are diligent about putting together a cohesive package of admissible evidence. This will effectively present your side of the story.

Supporting Your Business and Community

Your family and employees are relying upon you. Your customers and your community are also relying on you. SNAP retailers range from local grocers to large supermarket chains. We make it our main goal to stand with you. We stay until you lock down a resolution to your matter. The sooner you get there, the sooner you can get back to business at your store. Our job is to be your partner and advocate. Years of training and experience that our attorneys have under their belts are at your service. This helps push your case in the right direction. It moves towards a positive outcome. If you’re a grocer who is facing allegations of a SNAP violation, please reach out. Contact one of our lawyers today.