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Cutler Bay Snap Violation Lawyers

If you’re a retailer who accepts EBT at your retail store, then may have gotten a official warning from the USDA. This letter is most likely a SNAP violation letter, which is stating you are in violation of the SNAP program. The government will include proof to the SNAP violation notice, and it will have records of transactions which happened at your retail store which the government is saying violates one or more categories of violations.

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

About The Program

The SNAP program helps families with a certain amount of money each month. The SNAP program benefits are distributed to consumers with an EBT card. The SNAP benefits on the card cannot 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 in the state where the consumer lives. This program is run on a national level by the federal government.

This government and it’s parameters 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 violations happen when a grocery store is in violation of the rules below.

The store was involved inthe trafficking of SNAP benefits. Examples of this is fraudulently accepting taking the benefits, or theft of the benefits.

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

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

The grocery store redeemed more coupons than actual food sales over the same period.

The employees of the store accepted SNAP benefits from someone who isn’t eligible to use the benefits.

How we can help defend you against a SNAP violation notice

Spodek Law Group has experience managing SNAP appeals letters. We can handle your SNAP Violation appeal in all 3 phases of a SNAP violation action.

Sending the violation letter is the initial step which is taken by the USDA USDA to remove your EBT license. The letter can come with no warning and can happen at any time. The charging letter will contain allegations, but most of them will mention serious allegations, with an attachment of details. 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.

Once the USDA reviews your answer to the SNAP violation letter, the USDA might still decide that a violation has occurred. If that happens, they’ll will 100% issue a second letter which specifically states the governments legal verdict to suspend or disqualify the store based on the allegations set forth. You have 10 days to appeal this. If you choose not to, then you’ll be stuck with the USDA decision. Once you hire our lawyers, we’ll file the necessary paperwork to notify the USDA we are going to appeal their decision. Our lawyers collect necessary evidence, and we will draft draft the necessary appeals briefs which contains all of the case law, evidence, etc. which is critical to fix the outcome.

If the USDA refuses to overturn the legal decision, in the Administrative Review, we’ll file a Judicial review at the local Federal District Court. The Judicial Appeal is like a normal federal court case, where you’ll have to do standard processes like discovery, file motions, and have a trial. We can handle these cases in all 50 states.

SNAP Violations

As a food store retailer, there are many laws you have to adhere to for EBT. In most normal situations, many grocery store owners have no issues adhering to them. However, USDA’s SNAP program 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 purchase electronic goods. As a retailer, if you violate the laws, you should expect getting a SNAP violation letter. Snap violation penalties can result in fines, and penalties. If you conduct a major SNAP violation, then you might end up with a temporary or permanent disqualification. In most cases, owners of grocery stores don’t even know SNAP violations were even occurring. Often, dishonest employees who are misusing the SNAP program. It’s helpful to discuss your case with a SNAP violation lawyer in order to ensure sure you don’t have your benefits revoked.

When a SNAP violation letter is presented to your retail store, you have only ten days to respond to the violations. Failure to respond to the allegations will permanently crush your store. In addition, the USDA will deliver a verdict even though you choose not to respond to the allegations. Without legal experience, you cannot defend your store. Retaining a SNAP violation lawyer gives you a fighting change. Our SNAP appeals lawyers will challenge the findings of the USDA and appeal any decision. The fines imposed can expensive – to the tune of ten’s of thousands of dollars. The USDA on purpose does large fines to in order to curb future violations. The USDA will typically look to see if you have a compliance policy in place. The policy has to be in writing and in effect when the allegations 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 retail store owners benefited from the violations, or were aware of the violation. Any involvement of the management can lead to disqualification.

We highly recommend any store that gets a allegation letter consult with a SNAP violation attorney. Choosing not to respond 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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