Sec. 4112. Updates to administrative processes for SNAP retailers
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/bill/118/hr/8467/ih/section-4112A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 14(a) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2023(a) ) is amended— in paragraph
(2)by striking by any and inserting to each of the firm’s owners, officers, and managers by email and via any other , in paragraph
(3)by striking ten and inserting 30 , by amending subparagraph
(4)to read as follows: If such a request is not made by such store, concern, or State agency or if such store, concern, or State agency otherwise fails to submit information in support of its position after filing a request, the administrative determination shall be a final determination, subject to the provisions of judicial review. , and by amending paragraph
(5)to read as follows: If such request is made by such store, concern, or State agency, such information as may be submitted by such store, concern, or State agency, as well as such other information as may be available, shall be reviewed by the person or persons designated by the Secretary, who shall, subject to the right of judicial review hereinafter provided, make a determination within 60 days after submission of such store’s response. The agency’s determination shall be final and shall take effect 30 days after the date of the delivery or service of such final notice of determination. In all administrative proceedings involving the denial, withdrawal, or disqualification of a retail food store from the supplemental nutrition assistance program, the agency shall bear the burden of proof of establishing that the denial, withdrawal, or disqualification is based on a preponderance of the evidence. The agency shall produce, within 10 days of any request by such store or its counsel, all records reviewed or relied upon by the agency in issuing the charge letter or other notice. Notwithstanding any other provision of this Act or of any other Act, the agency shall produce information and records otherwise prohibited from disclosure to counsel for such store subject to a nondisclosure agreement. . Not later than 180 days after the date of the enactment of this Act, the Secretary of Agriculture shall conduct a study and submit the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate, a report that contains the results of such study, including— the number of times first-time trafficking offenders are given a penalty of permanent disqualification in lieu of civil penalty, disaggregated by— the number of employees and revenue; and the race and ethnicity of owners. an analysis of the Anti-Fraud Locator Using Electronic Benefits Transfer System (ALERT) including— the metrics of detecting fraudulent activity; how the metrics of detecting fraudulent activity were determined; how often these metrics are updated to ensure they continue to be reliable; and what metrics are reviewed in addition to ALERT findings to determine fraudulent activity. The amendments made by subsection
(a)shall take effect 1 year after the date of the enactment of this Act.
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Sec. 4112
Updates to administrative processes for SNAP retailers
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