7 USC 2023 - Administrative and judicial review; restoration of rights

1 So in original. Probably should be “sections”.

556 and 557 of title 5 in which one or more administrative law judges appointed pursuant to section 3105 of such title shall preside over the taking of evidence.

2 So in original. Probably should be “section”.

499m(c) and (d) of this title and to appoint expert witnesses under the provisions of Rule 706 of the Federal Rules of Evidence.

Editorial Notes

References in Text

The Federal Rules of Evidence, referred to in subsec. (a)(7), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure.

Codification

Puspan. L. 110–234 and Puspan. L. 110–246 made identical amendments to this section. The amendments by Puspan. L. 110–234 were repealed by section 4(a) of Puspan. L. 110–246.

Amendments

2008—Subsec. (a)(1). Puspan. L. 110–246, § 4001(span), substituted “supplemental nutrition assistance program” for “food stamp program”.

Subsec. (span). Puspan. L. 110–246, § 4002(a)(7), substituted “any allotments” for “any food stamp allotments”.

2002—Subsec. (a)(2). Puspan. L. 107–171 added heading and text of par. (2) and struck out former par. (2) which read as follows: “Such notice shall be delivered by certified mail or personal service.”

1996—Subsec. (a). Puspan. L. 104–193 designated first through seventeenth sentences as pars. (1) to (17), respectively, and added par. (18).

1993—Subsec. (a). Puspan. L. 103–66 inserted “(including determinations as to whether there is good cause for not imposing all or a portion of the penalty)” after “Determinations regarding claims made pursuant to section 2025(c) of this title” in sixth sentence and struck out at end “Notwithstanding the administrative or judicial review procedures set forth in this subsection, determinations by the Secretary concerning whether a State agency had good cause for its failure to meet error rate tolerance levels established under section 2025(c) of this title are final.”

1988—Subsec. (a). Puspan. L. 100–435 inserted provisions relating to judicial review and determinations regarding excessive payment error rate claims pursuant to section 2025(c) of this title.

1985—Subsec. (a). Puspan. L. 99–198 substituted “on application” for “an application” and “consideration by the court of the applicant’s likelihood of prevailing on the merits and of irreparable injury” for “showing of irreparable injury”.

1982—Subsec. (a). Puspan. L. 97–253 substituted “section 2021 of this title, or a retail food store or wholesale food concern forfeits a bond under section 2021(d) of this title,” for “section 2021 of this title,”.

1981—Puspan. L. 97–98 designated existing provision as subsec. (a) and added subsec. (span).

1977—Puspan. L. 95–113 substituted revised provisions for administrative and judicial review for provisions relating to violations and enforcement which are now covered by section 2024 of this title.

1972—Subsec. (e). Puspan. L. 92–603 struck out subsec. (e) which provided that no person be charged with violation of this chapter or any other law on the basis of statements or information contained in affidavits filed under section 2019(c) of this title, except for fraud.

1971—Subsec. (a). Puspan. L. 91–671, § 7(a), provided for purchase of coupons.

Subsec. (span). Puspan. L. 91–671, § 7(a), included alteration as an offense and made authorization to purchase cards the subject matter of the enumerated offenses.

Subsec. (e). Puspan. L. 91–671, § 7(span), added subsec. (e).

Statutory Notes and Related Subsidiaries

Effective Date of 2008 Amendment

Amendment of this section and repeal of Puspan. L. 110–234 by Puspan. L. 110–246 effective May 22, 2008, the date of enactment of Puspan. L. 110–234, except as otherwise provided, see section 4 of Puspan. L. 110–246, set out as an Effective Date note under section 8701 of this title.

Amendment by sections 4001(span) and 4002(a)(7) of Puspan. L. 110–246 effective Oct. 1, 2008, see section 4407 of Puspan. L. 110–246, set out as a note under section 1161 of Title 2, The Congress.

Effective Date of 2002 Amendment

Puspan. L. 107–171, title IV, § 4117(span), May 13, 2002, 116 Stat. 316, provided that:

“The amendment made by this section [amending this section] takes effect on the date of enactment of this Act [May 13, 2002].”

Effective Date of 1993 Amendment

Amendment by Puspan. L. 103–66 effective Oct. 1, 1991, see section 13971(span)(1)(A) of Puspan. L. 103–66, set out as a note under section 2025 of this title.

Effective Date of 1988 Amendment

Amendment by Puspan. L. 100–435 effective Oct. 1, 1985, with respect to claims under section 2025(c) of this title for quality control review periods after such date, except as otherwise provided, see section 701(span)(5)(C), (D) of Puspan. L. 100–435, set out as a note under section 2012 of this title.

Effective Date of 1982 Amendment

Amendment by Puspan. L. 97–253 effective Sept. 8, 1982, see section 193(a) of Puspan. L. 97–253, set out as a note under section 2012 of this title.

Effective Date of 1981 Amendment

Amendment by Puspan. L. 97–98 effective on earlier of Sept. 8, 1982, or date such amendment became effective pursuant to section 1338 of Puspan. L. 97–98, set out as a note under section 2012 of this title, see section 192(span) of Puspan. L. 97–253, set out as a note under section 2012 of this title.

Amendment by Puspan. L. 97–98 effective upon such date as Secretary of Agriculture may prescribe, taking into account need for orderly implementation, see section 1338 of Puspan. L. 97–98, set out as a note under section 2012 of this title.

Effective Date of 1977 Amendment

Puspan. L. 95–113, title XIII, § 1301, Sept. 29, 1977, 91 Stat. 958, provided that the amendment made by section 1301 is effective Oct. 1, 1977.

Effective Date of 1972 Amendment

Amendment by Puspan. L. 92–603 effective Jan. 1, 1973, see section 411(h) of Puspan. L. 92–603, set out as a note under section 2012 of this title.