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Portland Snap Violation Lawyers

If you’re a retailer who accepts EBT at your grocery store, then you might have been the recipient of a a official notice from the USDA. The notification is probably a SNAP violation letter, which is stating you have violated the SNAP program. The government will attach a number of pages to the SNAP violation letter, and it will have records of transactions which occurred at your retail store which the USDA claims violates one or more genres of violations.

The first thing after you get a SNAP violation notice, you should speak to our our legal team. Remember, you have only ten days to respond to the letter. If you don’t respond, the government will terminate/suspend your grocery store’s ability to accept EBT payments.

About The Program

This program provides families with get food each month. The SNAP program benefits are given via an EBT card. The funds on the EBT card aren’t for general usage, and they cannot be used for fraudulent cash back transactions. The EBT cards took the place of food stamps in the 1990’s and are issued in the state where the consumer lives. This program is operated on a nationwide level by the federal government.

The government and the benefits that come with it 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 occur if and when a grocery store is in violation of the following rules.

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

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

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

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

The employees of the store took SNAP benefits from someone who isn’t allowed to use them.

Defending against a SNAP Violation Letter

Our law firm has experience managing SNAP violation letters. Our law firm can handle your SNAP Violation appeal in all 3 phases of a SNAP violation action.

Sending the letter is the initial step which is taken by the USDA USDA to take away your right to take EBT benefits. The letter can come with, or without, prior warnings and can happen at any time. The violation letter will contain allegations, but most letters will outline violations, have evidence attached proving the violations. You have only 10 days to respond. After 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 a violation has occurred. If that happens, they’ll will issue a second letter that specifically states their legal verdict to suspend or disqualify the store based on the accusations previously mentioned. You have 10 days to appeal this. If you choose not to, you’ll be stuck with the USDA decision. After you hire our law firm, we’ll file the appeal to notify them appeal the decision. We’ll gather necessary evidence, and our team will draft the necessary appeals briefs containing all of the case law, evidence, etc. which is needed to change the outcome of the violations.

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

SNAP Violations

As a grocery store retailer, there’s a lot of rules and regulations you have to adhere to for EBT. In most cases, many grocery store owners don’t run into problems. However, SNAP can be tricky. SNAP handles the Electronic Benefits Transfer Card, and has limitations. For example, people getting SNAP benefits cant get electronic goods. If you violate the laws, you’ll probably get a SNAP violation letter. Penalties of violating SNAP can result in fines, and penalties. If it’s believed you did a serious SNAP violation, then you might end up with either a permanent or temporary disqualification. In most cases, store owners didn’t even know SNAP violations were even occurring. Often, unethical employees are misusing the SNAP program. If you’re accused of a SNAP violation to consult with a SNAP violation attorney to make sure you don’t have your benefits revoked.

When a charge letter is sent to your retail store, you have only 10 days to respond to the claims. Your failure to respond will permanently harm your store. If you don’t respond the USDA will make a verdict even though you don’t respond to the allegations. Without legal experience, you won’t be able to retain EBT benefits. Hiring a SNAP violation lawyer gives you the ability to fight for your rights. Our lawyers can challenge the decision 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 large fines to in order to curb future violations. The USDA will typically look to see if you have a compliance policy in place. It has to be in writing at the store and the policy must be when the violations were filed.

The grocery store must be able to prove the above mentioned policy was in existence before the allegations, and wasn’t drafted after the violation was made. The USDA will also look to see if the owners benefited in any way from the fraud, or if the business owners were aware of the fraud. If the managers were involved, it can lead to disqualification.

It’s highly recommended any grocery store owner that receives a violation 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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