7 C.F.R. \u00a7278<\/a>).\u00a0 The United States Department of Agriculture (USDA) Food & Nutrition Service (FNS) is the agency that enforces the regulations and otherwise runs the program.<\/p>\nWhat is a SNAP Violation?<\/h3>\n A SNAP Violation<\/strong> occurs when an authorized store violates any of the following rules:<\/p>\n\nIf the store has trafficked in SNAP benefits.\u00a0 The term “trafficked” is an expansive term, but roughly means “fraudulently accepted” or otherwise stole the benefits;<\/li>\n If the store has\u00a0accepted SNAP benefits in exchange for\u00a0nonfood items such as alcohol, tobacco, or other obviously unqualified goods;<\/li>\n If the store’s owner, manager or staff intentionally submitted false information on the store’s application to accept EBT benefits;<\/li>\n If the store’s total coupon redemptions for a specified period of time exceeds its food sales over the same period;<\/li>\n Employees of the store accept SNAP benefits from an unauthorized person that is not legally entitled to use the benefits;<\/li>\n If the store has maintained a credit or a tab for a customer in exchange for EBT benefits; and<\/li>\n If the store has been disqualified from participation in the\u00a0WIC program, then the USDA may disqualify it (under certain circumstances).<\/li>\n<\/ol>\nHow We Defend Against a\u00a0SNAP Violation\u00a0Letter<\/h3>\n Our law firm has handled a wide variety of SNAP Violation Defense<\/strong> cases for our clients, and has experience in all three phases of a SNAP Violation action that your store may be subject to:<\/p>\n\nPhase 1: Charging Letter.<\/span>\u00a0 The SNAP Violation Letter is the first step\u00a0in an action by the USDA to remove your store’s EBT license.\u00a0 This may come with or without prior warnings, and can appear at almost any time.\u00a0 A Charging Letter has a variety of different types of allegations, but most of them set out a series of factual allegations with attachments that contain more detail.\u00a0 A response to a SNAP Violation Letter is due within ten (10) days of the date you receive it.\u00a0 After we are retained, our office takes responsibility for all communications with the USDA, for compiling\u00a0our evidence (should it be necessary), and then the drafting and delivery of a thorough and accurate response to the USDA’s allegations.<\/li>\nPhase 2: Administrative Appeal.<\/span> If, after reviewing the store’s answer to the SNAP Violation Letter, the USDA still believes that a violation has occurred, then the Department will issue a second letter which outlines its decision to suspend or disqualify the store based upon the allegations set forth in the original letter.\u00a0 You have only 10 days<\/strong> to appeal this decision.\u00a0 <\/strong>If you don’t, then the store will be stuck with the USDA’s decision to suspend or disqualify the store from accepting EBT.\u00a0 Once we are retained, our office will file the necessary paperwork with the USDA to notify their Administrative Review Agency that we intend to challenge the final decision.\u00a0 Our office will collect any other evidence on your behalf that will be useful in such an appeal, and draft an appellate brief containing all of the evidence, case law, regulatory and federal code, and other information that is appropriate to demonstrate that the initial decision was wrong.<\/li>\nPhase 3: Judicial Appeal.<\/span>\u00a0 If the USDA refuses to overturn the first decision, in the Administrative Review, then all that remains is for your store to file a Judicial Review in the local Federal District Court. The Judicial Appeal operates like a normal case in that you will have an opportunity to conduct discovery, file motions and have a trial before the judge.\u00a0 Our attorneys have handled several of these cases in different states and, depending upon the state in which your store operates, can handle yours as well.<\/li>\n<\/ul>\n","protected":false},"featured_media":0,"parent":0,"template":"","meta":{"site-sidebar-layout":"default","site-content-layout":"default","ast-site-content-layout":"","site-content-style":"default","site-sidebar-style":"default","ast-global-header-display":"","ast-banner-title-visibility":"","ast-main-header-display":"","ast-hfb-above-header-display":"","ast-hfb-below-header-display":"","ast-hfb-mobile-header-display":"","site-post-title":"","ast-breadcrumbs-content":"","ast-featured-img":"","footer-sml-layout":"","theme-transparent-header-meta":"default","adv-header-id-meta":"","stick-header-meta":"default","header-above-stick-meta":"","header-main-stick-meta":"","header-below-stick-meta":"","astra-migrate-meta-layouts":"default","ast-page-background-enabled":"default","ast-page-background-meta":{"desktop":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-gradient":""},"tablet":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-gradient":""},"mobile":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-gradient":""}},"ast-content-background-meta":{"desktop":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-gradient":""},"tablet":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-gradient":""},"mobile":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-gradient":""}}},"categories":[],"yoast_head":"\nSNAP Violation Defense Attorney - Call (833) 762-7529<\/title>\n \n \n \n \n \n \n \n \n \n \n \n \n\t \n