Nationwide SNAP Violation Lawyers

Illinois SNAP Violation Attorneys

The Supplemental Nutrition Assistance Program, or SNAP, operates an electronic benefit, or EBT, system through which program participants make purchases of qualified food items from retail merchants. If you are a participating merchant, you may have received what is known as a USDA SNAP violation letter. The letter sets forth ways in which your business has violated the rules and regulations associated with SNAP.

Upon receiving this communication from the U.S. Department of Agriculture, you undoubtedly have many questions. You certainly are interested in understanding your legal rights, and what you must do to defend them, after received a USDA SNAP violation letter.

The Initial Step

The first step that you must take upon receipt of a USDA SNAP violation letter is to file an appropriate response with the agency. The response needs to set forth why you believe your business has not violated the rules and regulations associated with SNAP. You mount your defense to the allegations contained in the initial violation notification from the USDA.

There is a very stringent deadline associated with the violation notice. You have 10 days to submit your response to the SNAP violation notice to the USDA. If you fail to meet this deadline, you likely will be forever precluded from defending the allegations made against your store. The agency will treat your failure to file a timely response as an admission of the allegations made by the agency in the violation notice.

Agency Administrative Review

When you file your response to the allegations made in the violation notice, the USDA then undertakes an administrative review of the allegations and your contentions in reply. The agency can determine that the initial allegations are without merit and dismiss the violation notice. In the alternative the agency can determine that some of the allegations made are true and correct, and some not. Finally, the agency can conclude that all of the allegations made against you are true and correct.

Judicial Review of Agency Decision

The administrative review is the final step in the process at the USDA level. However, you do have the legal ability to seek what is known as a judicial review of the agency’s final determination regarding a SNAP violation.

The judicial review process is taken in federal court. You file a petition with the United States District Court in the locale where the store is located. The petition seeking judicial review must be filed within 10 days of the final decision by the USDA. If you fail to make this deadline, you will be precluded from seeking a judicial review of the determination made by the agency.

The court will consider all of the evidence and arguments submitted by the agency and by you. The court will then issue a decision either upholding, modifying, or overturning the final determination of the USDA.

The law permits you the ability to appeal a decision of the U.S. District Court to the U.S. Court of Appeals. For all practical purposes, the U.S. Court of Appeals will be the court of law appeal in this type of legal matter.

Possible Penalties

The USDA takes violations of the rules and regulations associated with SNAP very seriously. Therefore, the penalties for a violation or violations of these rules and regulations can be serious. A merchant can be suspended from participating the SNAP for a specified period of time. A merchant can be permanently barred from SNAP if the violations are of a more serious nature.

Retain a SNAP Violation Lawyer

The procedures associated with challenging a USDA SNAP violation order can be complicated. The legal arguments that can be made in your defense can be complex. Therefore, if you have received a USDA SNAP violation notice, you need to consider seriously retaining the services of a skilled, experienced SNAP violation lawyer.

The first step in retaining legal counsel is scheduling what is known as an initial consultation. Through an initial appointment with a SNAP violation lawyer, you will receive an overview of your case, including possible defenses. You will also receive answers to your questions. As a matter of general practice, a SNAP violation attorney typically charges no fee for an initial consultation with a prospective client.