Snap Judicial Appeals Lawyers
Contents
Defending Your Business Against SNAP Violation Allegations
As more people rely on SNAP benefits to buy groceries, numerous businesses have come to rely on these customers to provide them with a large portion of their business. Thus, when the state decides to come along and accuse your business of violating SNAP rules and regulations, it can be a serious matter. Along with the possible legal implications, losing the ability to accept SNAP payments could put your entire business in jeopardy. When this occurs, you will need the expertise of an attorney who specializes in handling snap appeals, and who is not afraid to take on the federal government on your behalf.
Judicial Reviews
Based on federal law, you will have the right to a judicial review regarding the allegations made against you. In fact, when the government decides to suspend the ability of your business to participate in the snap program, it is imperative you waste little time in hiring the services of a skilled attorney who understands these cases and how they can impact you and your business.
Do Not Hesitate
Once these allegations are made against you and your business is suspended from participating in snap, act as fast as possible. To begin with, the judicial review itself can begin only after an administrative review is completed. As the business owner, it will be up to you to decide if you wish to pursue a judicial review. Should you decide to do so, you will only have 30 days to file this after a decision is given by the administrative reviewer. If you fail to meet this deadline, you immediately lose all legal rights granted you to bring this case. Since you will undoubtedly have many questions, contact a SNAP judicial appeals lawyer at once.
Filing Your Judicial Review
When filing your judicial review, certain steps must be taken. To begin with, your attorney will file the case in U.S. District Court, and the opponent will be the United States. While this may sound intimidating, do not let this stop you. By having a skilled attorney on your side, you can trust their judgment and ability to get your case resolved in a satisfactory manner.
De Novo Hearing
Once your appeal makes it to the courtroom, the process will be known as a de novo hearing. This means the judge presiding over your case will render a decision without taking anything that happened in the administrative review into consideration. Since this can be either good or bad depending upon your individual circumstances, it will be very important for your attorney to prepare a case that includes as much evidence as possible to back up your claims. In addition, your attorney will also be able to take advantage of the discovery process, file motions against certain evidence being introduced into court, and conduct depositions of witnesses prior to the trial.
Settlement Negotiations
Before your snap trial gets underway, your attorney will have the opportunity to conduct settlement negotiations with government counsel. During this time, it may be possible for your attorney to convince the government enough evidence exists to turn the case in your favor. If they are successful, you may find the charges against you being suddenly dismissed and you be given the authority yet again to return to business as usual. However, since this is not a common occurrence, never assume the charges against you will be dropped.
No Jury
If an out-of-court settlement is not reached, your case will proceed to trial. In these situations, you do not have the right to a trial by jury. Instead, the judge alone will render the decision. In addition, you may be called upon to testify in court. Since this is a possibility, work closely with your attorney to better understand the questions that will be asked of you and how you should respond. The more prepared you are entering the trial, the better chance you will have of seeing the case resolved in your favor.
Asking for a Stay
If you do not want the decision of the administrative reviewer to go into effect prior to your trial, your attorney will need to request a stay be granted by the judge. For this to be granted, your attorney must be able to demonstrate to the court that based on the merits of your case, you are likely to come out a winner in court. Along with this, they must also show the court that failing to grant a stay could do irreparable harm to your business.
Likely Outcomes
In these situations, the court may choose to uphold the administrative reviewer’s decision, vacate it altogether, or do something entirely different. Whatever the case may be, you and your attorney must clearly spell out to the court what you are asking of them when arguing your case.
Can I Appeal this Verdict?
If you do not like the judge’s decision in your case, you have the right to appeal to the U.S. Circuit Court. If you do, these judges will review the ruling of the district court before making a decision. In some circumstances, you could even appeal to the U.S. Supreme Court. But before making this move, it is best to listen to the advice of your experienced and knowledgeable snap appeals lawyer.
If you find yourself facing allegations of snap violations, contact a snap appeals lawyer at once to discuss your situation in greater detail.
Every year, merchants across the United States obtain notification letters that they are in violation of the laws and regulations associated with the Department of Agriculture Supplemental Nutrition Assistance Program (SNAP). Should you receive a charging letter, you can appeal for the disqualification through a SNAP Judicial Appeal under 7 CFR Part 279 (Administrative and Judicial Review –food retailers and wholesalers) and 7 code 2023 (Administrative and Judicial review- restoration of rights). A SNAP judicial appeal is a litigation that a food store in the United States can file against the United States Department of Agriculture appealing for the Administrative Review Division’s Final Determination should your store be permanently disqualified from SNAP.
The judicial appeal operates in a similar manner as a normal civil litigation with the additional of having the United States as the defendant. The storeowner usually has 30 days to file for a judicial appeal after the Administration reviewer issues their judgement. The litigation process for a judicial appeal comprises of three main phase;
- Pleading phase: At this stage, the plaintiff submits their allegations against the United States in the district court in the state where the business operates. Depending on the circumstances surrounding the case, the defendant (USA) responds to the allegations within 60 days with a rejoinder or Motion of Dismissal. The litigation process at this phase takes up to 80 days to complete allowing time for service and other procedural deferrals that may occur
- Discovery phase: This is the second phase where relevant evidence relating to the case is gathered and submissions put together to help resolve the case faster. The two main motions used in this phase include the Motion to Abate Disqualification and the Motion for Summary Judgement. The former aims at ending the disqualification for the pendency of litigation while the latter aims at requesting the court to review the undisputed evidence in favor of the plaintiff.
- Trial phase: It is the final stage of the litigation process where the lawsuit is presented before a judge and not a jury. Based on the evidence produced by the plaintiff (your store) and the accusations presented by the USDA, the judge decides the verdict stating whether or not your store desecrated the SNAP regulations.
In the event the judicial appeal effects an uncomplimentary judgement, your store may appeal for a review in the US Circuit Court. The appellant judge analyses the evidence, the verdict issued by the district judge and the procedure by which your store was deprived of its retail status. If the judges of the circuit court are not contented with the evidence provided by the store or decides not to inverse the entire disqualification, the US Supreme Court decides the case. The outcome of the case does not guarantee you compensation from the government while the administrative decision is in effect.
Before filing a SNAP judicial appeal, it is important to seek help from an experienced SNAP judicial Attorney in your district to help you prepare a strong case and file it properly. The attorney will look through the details surrounding your probable Administrative appeal. For the trial, the attorney builds your case with an eye towards the rules of evidence and admissible evidence in full extent of the law.
SNAP Judicial Appeals Lawyers
As more people rely on SNAP benefits to buy groceries, numerous businesses have come to rely on these customers to provide them with a large portion of their business. Thus, when the state decides to come along and accuse your business of violating SNAP rules and regulations, it can be a serious matter. Along with the possible legal implications, losing the ability to accept SNAP payments could put your entire business in jeopardy. When this occurs, you will need the expertise of an attorney who specializes in handling snap appeals, and who is not afraid to take on the federal government on your behalf.
Judicial Reviews
Based on federal law, you will have the right to a judicial review regarding the allegations made against you. In fact, when the government decides to suspend the ability of your business to participate in the snap program, it is imperative you waste little time in hiring the services of a skilled attorney who understands these cases and how they can impact you and your business.
Do Not Hesitate
Once these allegations are made against you and your business is suspended from participating in snap, act as fast as possible. To begin with, the judicial review itself can begin only after an administrative review is completed. As the business owner, it will be up to you to decide if you wish to pursue a judicial review. Should you decide to do so, you will only have 30 days to file this after a decision is given by the administrative reviewer. If you fail to meet this deadline, you immediately lose all legal rights granted you to bring this case. Since you will undoubtedly have many questions, contact a SNAP judicial appeals lawyer at once.
Filing Your Judicial Review
When filing your judicial review, certain steps must be taken. To begin with, your attorney will file the case in U.S. District Court, and the opponent will be the United States. While this may sound intimidating, do not let this stop you. By having a skilled attorney on your side, you can trust their judgment and ability to get your case resolved in a satisfactory manner.
De Novo Hearing
Once your appeal makes it to the courtroom, the process will be known as a de novo hearing. This means the judge presiding over your case will render a decision without taking anything that happened in the administrative review into consideration. Since this can be either good or bad depending upon your individual circumstances, it will be very important for your attorney to prepare a case that includes as much evidence as possible to back up your claims. In addition, your attorney will also be able to take advantage of the discovery process, file motions against certain evidence being introduced into court, and conduct depositions of witnesses prior to the trial.
Settlement Negotiations
Before your snap trial gets underway, your attorney will have the opportunity to conduct settlement negotiations with government counsel. During this time, it may be possible for your attorney to convince the government enough evidence exists to turn the case in your favor. If they are successful, you may find the charges against you being suddenly dismissed and you be given the authority yet again to return to business as usual. However, since this is not a common occurrence, never assume the charges against you will be dropped.
No Jury
If an out-of-court settlement is not reached, your case will proceed to trial. In these situations, you do not have the right to a trial by jury. Instead, the judge alone will render the decision. In addition, you may be called upon to testify in court. Since this is a possibility, work closely with your attorney to better understand the questions that will be asked of you and how you should respond. The more prepared you are entering the trial, the better chance you will have of seeing the case resolved in your favor.
Asking for a Stay
If you do not want the decision of the administrative reviewer to go into effect prior to your trial, your attorney will need to request a stay be granted by the judge. For this to be granted, your attorney must be able to demonstrate to the court that based on the merits of your case, you are likely to come out a winner in court. Along with this, they must also show the court that failing to grant a stay could do irreparable harm to your business.
Likely Outcomes
In these situations, the court may choose to uphold the administrative reviewer’s decision, vacate it altogether, or do something entirely different. Whatever the case may be, you and your attorney must clearly spell out to the court what you are asking of them when arguing your case.
Can I Appeal this Verdict?
If you do not like the judge’s decision in your case, you have the right to appeal to the U.S. Circuit Court. If you do, these judges will review the ruling of the district court before making a decision. In some circumstances, you could even appeal to the U.S. Supreme Court. But before making this move, it is best to listen to the advice of your experienced and knowledgeable snap appeals lawyer.
If you find yourself facing allegations of snap violations, contact a snap appeals lawyers at once to discuss your situation in greater detail.