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Rio Rancho Snap Violation Lawyers

If you accept EBT at your grocery store, then may have gotten a official notice from the USDA. The notification is most likely a SNAP violation letter, which is claiming you are in violation of the SNAP program. The government will attach a number of pages to the SNAP violation notice, which will contain records of transactions that happened at your retail store that the government claims violates one or more groups of violations.

The first thing after you get a SNAP violation letter, you should definitely contact our law firm. Remember, you have only ten days to respond to the letter. If you don’t respond, the USDA will terminate/suspend your stores ability to accept EBT payments.

About The SNAP Program

This program helps families with funds to buy food each month. The SNAP program benefits are given through an EBT card. The benefits on the EBT card cannot legally be used for general usage, and they cannot be used for cash back transactions. The EBT cards took the place of food stamps in the 1990’s and the card is issued by each state individually where the recipient lives. The SNAP program is run on a nationwide level by the federal government.

The program and it’s benefits are governed by the US Code and the Code of Federal Regulations. The USDA FNS agency enforces the regulations and runs the program.

What counts as a SNAP violation

SNAP legal violations happen when a grocery store violates any of the rules below.

The retail store is accused ofthe trafficking of SNAP benefits. This can mean fraudulently accepting taking the benefits, or stealing the benefits.

The grocery store accepted SNAP benefits in exchange for nonfood items like alcohol, tobacco, or other goods.

The store submitted incorrect information on the grocery stores application to accept EBT benefits.

Your grocery store took money for more EBT food stamps than sale of actual food over the same period.

Your employees took SNAP benefits from someone who isn’t eligible to use the benefits.

How we can help defend you against a SNAP violation notice

Our law firm has immense experience handling SNAP violations letters. Our team of attorneys can handle your SNAP violation process in all phases of a SNAP action.

The charging letter is the first step which is going to be taken by USDA to remove your right to take EBT benefits. The letter can come with no warning and can happen at any time. The violation letter will have allegations in it, but most of them will mention serious allegations, and have attached documents detailing the violations. You have only 10 days to respond. Once you hire our law firm, our lawyers handle all of the communicationswith the USDA and for compiling all the necessary evidence, and drafting a response to the USDA.

After reviewing the store’s answer to the SNAP violation letter, the USDA might still feel that your store has violated the rules. If that happens, they’ll will issue a second letter that outlines the agencies legal verdict to suspend or disqualify the grocery store based on the allegations set forth. You have 10 days to appeal this. If you choose not to, you’ll be unable to protest the USDA decision. Once you hire our firm, we file the necessary paperwork and notify the government we are going to appeal their decision. We’ll collect necessary evidence, and we will draft generate the necessary appeals briefs which contains all of the case law, evidence, etc. which is necessary to overturn the decision.

In the event the USDA refuses to override the decision, in the Administrative Review, we’ll file a Judicial review at the local Federal District Court. This process is like a normal federal court case, where you’ll have to do standard processes like discovery, file motions, and have a trial. Our attorneys can handle these cases in all 50 states.

SNAP Violations

As a food store retailer, there’s a lot of rules and regulations have to obey in order to accept EBT. In most normal situations, many grocery store owners don’t run into problems. However, SNAP can be tricky. SNAP handles the Electronic Benefits Transfer Card, and has limits on how the funds can be used. For example, SNAP recipients cant get electronic goods. If, and when, you violate the laws, you should expect getting a SNAP violation letter. Penalties of violating SNAP can result in severe fines. If it’s believed you did a serious SNAP violation, then you may end up with either a permanent or temporary disqualification. In many situations, owners of grocery stores don’t even know the violations are even occurring. Often, unethical employees who are misusing the SNAP program. If you’re accused of a SNAP violation to consult with a SNAP violation attorney in order to make sure you don’t have your benefits revoked.

When a charge letter is delivered to your store, you only have 10 days to respond to the violations. Your failure to respond to the violations will permanently crush your store. In addition, the USDA will make a verdict even though you don’t respond to the allegations. Without legal experience, you cannot defend your store. Hiring a SNAP violation lawyer gives you the ability to fight for your rights. Our SNAP appeals lawyers will challenge the findings of the USDA and appeal any decision. The penalties imposed can expensive – to the tune of ten’s of thousands of dollars. The USDA on purpose chooses to impose huge fines to in order to curb future violations. The USDA will look to see if you have a store compliance policy in place. The policy must be in writing and in effect when the violations were filed.

The grocery store must has to be able to prove the above mentioned policy was in place before the charge, and was not drafted after the violation letter. The USDA will also look to check if the owners benefited in any way from the fraud, or if the owners were aware of the fraud. If the managers were involved, it can lead to disqualification.

We highly recommend any store that receives a letter consult with a SNAP violation attorney. Failure can result in negative consequences. The USDA is required by Congress to issue a disqualification for a period of up to 5 years. This can result in huge losses which are hard to recover from.

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