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USDA/FNS | RIN: 0584-AE63 | Publication ID: Fall 2018 |
Title: Taking Administrative Actions Pending Freedom of Information Act (FOIA) Processing | |
Abstract:
FNS adheres to Freedom of Information Act (FOIA) provisions at 5 U.S.C. 552 and 7 CFR part 1. Currently, because SNAP regulations do address the issue, FOIA requests can delay administrative action determinations. Firms charged with SNAP violations receive extensive procedural protections through administrative and judicial review. If a disqualified firm files a FOIA request after the firm is charged with violations but before FNS issues a notice of determination, administrative action is paused and the firm is allowed to continue to redeem SNAP benefits while the FOIA request is processed. Retail food store case-specific FOIA requests appear to have become a tool used by retail food stores and their attorneys to delay FNS action on retail food stores violating Program rules.This rule proposes to codify procedures to separate the FOIA request from the administrative action process, allowing FNS to avoid delays in administrative determinations. |
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Agency: Department of Agriculture(USDA) | Priority: Substantive, Nonsignificant |
RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Proposed Rule Stage |
Major: No | Unfunded Mandates: No |
EO 13771 Designation: Fully or Partially Exempt | |
CFR Citation: 7 CFR 278.6 7 CFR 279 | |
Legal Authority: 5 U.S.C. 552 7 CFR 1 |
Legal Deadline:
None |
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Timetable:
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Regulatory Flexibility Analysis Required: No | Government Levels Affected: None |
Small Entities Affected: No | Federalism: No |
Included in the Regulatory Plan: No | |
RIN Data Printed in the FR: No | |
Agency Contact: Charles H. Watford Regulatory Review Specialist Department of Agriculture Food and Nutrition Service 1320 Braddock Place, Alexandria, VA 22314 Phone:703 605-0800 Email: charles.watford@usda.gov |