US Code

Public Law 119-73 (01/23/2026)

7 U.S.C. § 2023

Administrative and judicial review; restoration of rights

(a)
(1)
section 2018 of this titlesection 2021 of this titlesection 2021(d) of this titlesection 2022 of this titlesection 2022 of this title Whenever an application of a retail food store or wholesale food concern to participate in the supplemental nutrition assistance program is denied pursuant to , or a retail food store or wholesale food concern is disqualified or subjected to a civil money penalty under the provisions of , or a retail food store or wholesale food concern forfeits a bond under , or all or part of any claim of a retail food store or wholesale food concern is denied under the provisions of , or a claim against a State agency is stated pursuant to the provisions of , 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)
section 2025(c) of this title1
1 So in original. Probably should be “sections”.
Determinations regarding claims made pursuant to (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  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)
2
2 So in original. Probably should be “section”.
Such judges shall have authority to issue and enforce subpoenas in the manner prescribed in sections  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)
section 2025(c) of this title The Secretary may not limit the authority of such judges presiding over determinations regarding claims made pursuant to .
(9)
section 2025(c) of this title The Secretary shall provide a summary procedure for determinations regarding claims made pursuant to 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)
section 2025(c) of this title Subject to the right of judicial review hereinafter provided, a determination made by an administrative law judge regarding a claim made pursuant to 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)
section 2025(c) of this title 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 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 .—

section 2021(b) of this titleNotwithstanding any other provision of this subsection, any permanent disqualification of a retail food store or wholesale food concern under paragraph (3) or (4) of 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.

Pub. L. 88–525, § 1478 Stat. 708Pub. L. 91–671, § 784 Stat. 2052Pub. L. 92–603, title IV, § 411(f)86 Stat. 1492Pub. L. 95–113, title XIII, § 130191 Stat. 974Pub. L. 97–98, title XIII, § 1320(b)95 Stat. 1286Pub. L. 97–253, title I, § 176(b)96 Stat. 781Pub. L. 99–198, title XV, § 153699 Stat. 1585Pub. L. 100–435, title VI, § 603102 Stat. 1674Pub. L. 103–66, title XIII, § 13951(b)107 Stat. 678Pub. L. 104–193, title VIII, § 845110 Stat. 2333Pub. L. 107–171, title IV, § 4117(a)116 Stat. 316Pub. L. 110–234, title IV122 Stat. 1092Pub. L. 110–246, § 4(a)122 Stat. 1664(, , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , §§ 4001(b), 4002(a)(7), , , 1094; , title IV, §§ 4001(b), 4002(a)(7), , , 1853, 1855.)

Editorial Notes

References in Text

The Federal Rules of Evidence, referred to in subsec. (a)(7), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure.

Codification

Pub. L. 110–234Pub. L. 110–246Pub. L. 110–234section 4(a) of Pub. L. 110–246 and made identical amendments to this section. The amendments by were repealed by .

Amendments

Pub. L. 110–246, § 4001(b)2008—Subsec. (a)(1). , substituted “supplemental nutrition assistance program” for “food stamp program”.

Pub. L. 110–246, § 4002(a)(7)Subsec. (b). , substituted “any allotments” for “any food stamp allotments”.

Pub. L. 107–1712002—Subsec. (a)(2). added heading and text of par. (2) and struck out former par. (2) which read as follows: “Such notice shall be delivered by certified mail or personal service.”

Pub. L. 104–1931996—Subsec. (a). designated first through seventeenth sentences as pars. (1) to (17), respectively, and added par. (18).

Pub. L. 103–66section 2025(c) of this titlesection 2025(c) of this title1993—Subsec. (a). inserted “(including determinations as to whether there is good cause for not imposing all or a portion of the penalty)” after “Determinations regarding claims made pursuant to ” in sixth sentence and struck out at end “Notwithstanding the administrative or judicial review procedures set forth in this subsection, determinations by the Secretary concerning whether a State agency had good cause for its failure to meet error rate tolerance levels established under are final.”

Pub. L. 100–435section 2025(c) of this title1988—Subsec. (a). inserted provisions relating to judicial review and determinations regarding excessive payment error rate claims pursuant to .

Pub. L. 99–1981985—Subsec. (a). substituted “on application” for “an application” and “consideration by the court of the applicant’s likelihood of prevailing on the merits and of irreparable injury” for “showing of irreparable injury”.

Pub. L. 97–253section 2021 of this titlesection 2021(d) of this titlesection 2021 of this title1982—Subsec. (a). substituted “, or a retail food store or wholesale food concern forfeits a bond under ,” for “,”.

Pub. L. 97–981981— designated existing provision as subsec. (a) and added subsec. (b).

Pub. L. 95–113section 2024 of this title1977— substituted revised provisions for administrative and judicial review for provisions relating to violations and enforcement which are now covered by .

Pub. L. 92–603section 2019(c) of this title1972—Subsec. (e). struck out subsec. (e) which provided that no person be charged with violation of this chapter or any other law on the basis of statements or information contained in affidavits filed under , except for fraud.

Pub. L. 91–671, § 7(a)1971—Subsec. (a). , provided for purchase of coupons.

Pub. L. 91–671, § 7(a)Subsec. (b). , included alteration as an offense and made authorization to purchase cards the subject matter of the enumerated offenses.

Pub. L. 91–671, § 7(b)Subsec. (e). , added subsec. (e).

Statutory Notes and Related Subsidiaries

Effective Date of 2008 Amendment

Pub. L. 110–234Pub. L. 110–246Pub. L. 110–234section 4 of Pub. L. 110–246section 8701 of this titleAmendment of this section and repeal of by effective , the date of enactment of , except as otherwise provided, see , set out as an Effective Date note under .

Pub. L. 110–246section 4407 of Pub. L. 110–246section 1161 of Title 2Amendment by sections 4001(b) and 4002(a)(7) of effective , see , set out as a note under , The Congress.

Effective Date of 2002 Amendment

Pub. L. 107–171, title IV, § 4117(b)116 Stat. 316

“The amendment made by this section [amending this section] takes effect on the date of enactment of this Act [].”
, , , provided that:

Effective Date of 1993 Amendment

Pub. L. 103–66section 13971(b)(1)(A) of Pub. L. 103–66section 2025 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1988 Amendment

Pub. L. 100–435section 2025(c) of this titlePub. L. 100–435section 2012 of this titleAmendment by effective , with respect to claims under for quality control review periods after such date, except as otherwise provided, see section 701(b)(5)(C), (D) of , set out as a note under .

Effective Date of 1982 Amendment

Pub. L. 97–253section 193(a) of Pub. L. 97–253section 2012 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1981 Amendment

Pub. L. 97–98section 1338 of Pub. L. 97–98section 2012 of this titlesection 192(b) of Pub. L. 97–253section 2012 of this titleAmendment by effective on earlier of , or date such amendment became effective pursuant to , set out as a note under , see , set out as a note under .

Pub. L. 97–98section 1338 of Pub. L. 97–98section 2012 of this titleAmendment by effective upon such date as Secretary of Agriculture may prescribe, taking into account need for orderly implementation, see , set out as a note under .

Effective Date of 1977 Amendment

Pub. L. 95–113, title XIII, § 130191 Stat. 958, , , provided that the amendment made by section 1301 is effective .

Effective Date of 1972 Amendment

Pub. L. 92–603section 411(h) of Pub. L. 92–603section 2012 of this titleAmendment by effective , see , set out as a note under .