Code of Federal Regulations Volumes List 1-Current Volumes The following list shows all Code of Federal Regulations volumes containing regu- 1 To be revised annually. as AMS may determine, if such food retailer or food wholesaler fails to comply with the provisions of this part, or any procedures or instructions issued pursuant thereto. (d) Administrative action in cases involving food retailers or food wholesalers. Any retail food store or wholesale food concern considered for disqualification under paragraph (c)(3) of this section shall have full opportunity to submit to AMS information, explanation, or evidence concerning any instances of non-compliance before final determination is made by AMS as to the administrative action to be taken. Prior to such determination, the retail food store or wholesale food concern shall be sent a letter of charges by the appropriate Director, Area Office, Food Distribution Division, AMS, specifying the violations or acts which AMS believes constitute a basis for disqualification. Such letter shall inform the food retailer or food wholesaler that he may respond either orally or in writing to the charges contained therein within ten days of the mailing date thereof, which response shall set forth a statement of evidence, information, or explanation pertaining to the specified violations or acts. Such response, if any, shall be made to the Director, Area Office, who issued the letter of charges. If no response is made to the letter of charges, AMS will deem the charges to have been admitted. The letter of charges, the response, and such other information as may be available to AMS, shall be reviewed by the Director, Area Office, who will thereupon formulate his recommended decision setting forth his findings and conclusions concerning the charges and his recommendations as to the action which he believes should be taken in the case. His recommended decision shall be forwarded by him to the Director, Food Distribution Division, AMS, who shall review and consider the letter of charges, the response, if any, and such other information as may be available to AMS, and issue his determination in the matter. The determination of the Director, Food Distribution Division, AMS, shall be final unless an appeal in writing is taken therefrom to the Administrator, AMS, or such other persons as he may designate to receive such appeals, within ten days of the date of the mailing of the determination by the Director, Food Distribution Division, AMS, to the food retailer or food whole saler. If an appeal to the Administrator, AMS, or such other person as he may designate to receive such appeals, is taken by the food retailer or food wholesaler, the decision of the Administrator, AMS, or such other persons as may have been designated by him to receive such appeals, shall be final and conclusive unless determined by a court of competent jurisdiction to have been fraudulent, arbitrary, capricious, or so grossly erroneous as necessarily to imply bad faith, or is not supported by substantial evidence. Notwithstanding any of the above provisions of this paragraph (d), AMS may, immediately upon learning of a serious or flagrant violation of these regulations, or any applicable statute, or of any civil or criminal proceedings of a nature which would indicate such retail food store or wholesale food concern lacked business integrity or honesty, suspend such food retailer or food wholesaler for such period as may be required for AMS to complete an investigation and make a final determination concerning the administrative or legal action to be taken. The mailing by registered mail of any notice required of AMS by this paragraph (d) will constitute notice to the addressee of its contents. (e) Termination of participation. Any certifying agency, issuing agency, any authorized retail food store, or authorized wholesale food concern may terminate participation at any time by giving due notice to AMS. Any such termination shall not relieve any such agency, store or concern from its responsibility to account for coupons, funds, reports, or other program obligations for which it was responsible under these regulations or an approved plan of operation. (f) Redemption from household. Any eligible household which holds coupons properly issued to such household may elect to discontinue participation in the program. Unused coupons may be returned for cash refund from AMS in the same ratio of cash to coupons as was applied by the issuing agency in the issuance of the coupons to the household. Application for such refund shall be made by the head of household. the event of the death of the head of household, the application shall be supported by a completed Standard Form 1055-Revised, Claim Against the United States for Amounts Due in the Case of a Decedent, prepared and executed as In provided in regulations of the General Accounting Office, 4 CFR 5.1 and 5.2, and certified as provided in 4 CFR 5.5. If the application for refund is made by the legal representative of an incompetent, it shall be supported by the certification and documentation required by 4 CFR 5.4. Such application must be accompanied by the identification card issued to the head of the household by the certifying agency. (g) Coupons as obligations of the United States, false claims, and crimes. (1) Coupons are an obligation of the United States within the meaning of 18 U.S.C. 8. The provisions of Title 18 of the U.S. Code, "Crimes and Criminal Procedure," relative to counterfeiting and alteration of obligations of the United States and the uttering, dealing in, etc., of counterfeit obligations of the United States are applicable to these coupons. All program participants and any other persons, partnerships, corporations, or other legal entities (hereinafter referred to in this subsection as "persons") having custody, care and control of coupons, shall at all times use care and caution in receiving, storing, transmitting, or otherwise handling coupons to avoid acceptance, transfer, negotiation, or use of spurious, altered, or counterfeit coupons or any unauthorized transfer, negotiation, or use of coupons and to protect coupons from theft, embezzlement, loss, damage or destruction. Any unauthorized issuance, use or transfer of coupons by any program participant or other person, or any false statement made by any program participant or other person, in any application or certification required by this part, by the plan of operation of any certifying or issuing agency, or by instructions of AMS or the Federal Reserve System, may subject such program participant or other person to criminal prosecution under any applicable provision of Title 18 U.S. Code or civil liability under the provisions of 31 U.S.C. 231 or either, or both, as well as to any legal action as may be maintained under State law. (2) Notwithstanding any provisions of this part to the contrary, coupons may be issued to persons authorized by AMS for use in examining and inspecting program operations, compliance with program regulations, and for other purposes determined by AMS to be required for proper administration of the program. Such coupons which have been so issued and used, as well as any coupons which AMS believes may have been issued, transferred, negotiated, used, or received in violation of any provisions of this part or of any applicable statute, shall, at the request of authorized representatives of AMS and on issuance of a receipt therefor by such representatives, be released and turned over to AMS by the bank receiving such coupons, or by any other person to whom such request is addressed, together with the certificate(s) of redemption accompanying such coupons, if any. Any such coupons so requested shall not thereafter be eligible for redemption through Federal Reserve Banks or other collection channels: Provided, however, That AMS may redeem such coupons from any such bank or person by payment of the face amount thereof upon determination by AMS that such direct redemption of coupons is warranted under all of the circumstances of the examination or inspection in which such coupons were used. Coupons received by AMS under this paragraph (g) shall be held by AMS for such disposition as may be determined by AMS on completion of the examination or inspection in which such coupons were used. In the event such coupons have not been redeemed by AMS as provided in this subsection, claims or demands relative thereto may be mailed to the local AMS Food Stamp Project Office for the project area involved. (h) Mailing of notices and other documentation to AMS. All plans of operation, requests for authorization of food retailers and wholesale food concerns, notices and all other documents required by these regulations to be forwarded to AMS, except the responses to letters of charges for which specific provision is made in paragraph (d) of this section, shall be sent to the local AMS Food Stamp Project Office, or the appropriate office of AMS for the project area involved as indicated below: (1) For project areas in Connecticut, Delaware, District of Columbia, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, Vermont, West Virginia: Food Distribution Division, AMS, United States Department of Agriculture, 346 Broadway, New York 13, New York. (2) For project areas in Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, Tennessee, Virginia: Food Distribution Division, AMS, United States Department of Agriculture, 50 Seventh Street NE., Atlanta 23, Georgia. (3) For project areas in Illinois, Indiana, Iowa, Michigan, Minnesota, Missouri, Nebraska, North Dakota, Ohio, South Dakota, Wisconsin: Food Distribution Division, AMS, United States Department of Agriculture, 536 South Clark Street, Chicago 5, Illinois. (4) For project areas in Arkansas, Colorado, Kansas, Louisiana, New Mexico, Oklahoma, Texas: Food Distribution Division, AMS, United States Department of Agriculture, 500 South Ervay Street, Dallas 1, Texas. (5) For project areas in Alaska, Arizona, California, Hawaii, Idaho, Mon tana, Nevada, Oregon, Utah, Washington, Wyoming: Food Distribution Division, AMS, United States Department of Agriculture, Appraisers Building, Room 344, 630 Sansome Street, San Francisco 11, California. (i) Saving Clause. Any or all of the provisions of this part may be withdrawn or amended by the Department. NOTE: The recordkeeping and reporting requirements herein specified have been approved by, and any further such requirements that may be established will be subject to the approval of, the Bureau of the Budget in accordance with the Federal Reports Act of 1942. Finding Aids This Code of Federal Regulations volume contains regulations constituting Title 6 promulgated during 1949–1962 which were in force and effect on December 31, 1962. The following finding aids used in conjunction with this volume and the daily FEDERAL REGISTER, are designed to assist the user with respect to current regulations, and research concerning regulations which have expired or those which have been superseded or deleted from the Code of Federal Regulations. A subject index to the entire Code of Federal Regulations is published separately and revised annually. |