As can happen, even if you are meticulous in dealing with matters associated with the program, your business may have received a USDA SNAP violation notice. If that has occurred, you likely have many questions. You undoubtedly wonder what you can and cannot do to protect your business and launch a defense against a USDA SNAP violation.
Types of SNAP Violations
There exist a variety of different types of alleged conduct that can give rise to SNAP violations. With that said, there are some allegations of misconduct that more commonly are enumerated in USDA SNAP violation notices.
One of the most common types of SNAP violations involves a merchant that permits a customer to purchase unapproved items with an EBT card. Examples of unapproved items include beer and various nonfood items.
Another common type of allegation centers on a merchant that permitted a person not qualified to use an EBT card to transact business with one. Even if a merchant lacked actual knowledge of this type of situation, a violation notice might be handed down if a merchant reasonably should have known what was occurring.
The failure to accurately complete an application to participate in SNAP in the first instance can result in a merchant receiving a SNAP violation. Typically, this involves an applicant making a material misstatement of fact on the application to participate in the program.
The Violation Process
The first stage of the USDA SNAP violation process is the receipt of the violation notice itself by the merchant. The violation notice specifically enumerates what a merchant is alleged to have done in contravention of the rules and regs of SNAP. Typically, there is supporting documentation attached to the notice itself.
Once received, a merchant has 10 days to tender a response to the allegations to the USDA. The failure to meet this deadline results in the agency being able to take the position that the merchant has admitted the violation allegations.
When the agency receives the response to the violation notice, what is called an administrative or agency review process commences. The USDA reviews the contentions raised in the violation notice, together with the response from the merchant.
After this review, the USDA can dismiss the violation notice, can uphold the violation notice, or uphold some of the allegations and dismiss others. At this juncture, if violations still pend against the merchant, the store can file what is called an application for judicial review.
Judicial review of a USDA determination associated with SNAP is undertaken by the United States District Court. If the court rules in favor of the merchant, the violation matter typically comes to an end. If the court rules in favor of the USDA, the merchant can appeal the matter to the U.S. Court of Appeals. In theory, the agency can appeal an adverse decision to the Court of Appeals as well.
USDA SNAP Sanctions
The sanctions that can be imposed by the USDA for a SNAP violation include a warning, a suspension, or removal from the program. If the allegation is less serious, and a merchant has had not problems with the agency in the past, a warning is likely on the first violation. On the other hand, if a merchant has had previous issues with the agency, or the allegations in the violation are serious or persistent, a longer term suspension or even removal from being a participating SNAP merchant are possibilities.
Legal Representation in a SNAP Violation Case
The procedures and rules associated with a SNAP violation matter can be complicated. As noted, the potential sanctions can be significant, and costly. For these reasons, if you find yourself facing a USDA SNAP violation notice, you likely protect you legal rights and interests by retaining a lawyer. You can schedule an initial consultation with a SNAP violation lawyer, in most cases at no cost. During this preliminary session, you obtain an evaluation of the allegations as well as a presentation of what defenses might be available in your case.