12 2 STA T . 1 876PUBLIC LA W 11 0– 2 4 6 —J U NE 18 , 2008 ‘ ‘ (A)disqual i f i e df or as p e c ified period of t i m e from furt h er participatio n in the supplemental nutrition assist - ance pro g ram
‘‘( B ) assessed a ci v il penalt y ofupto $10 0 , 000 for each violation; or ‘‘( C ) b oth . ‘‘( 2 ) REGULATIONS . — Regulations promulgated under this Act shall provide criteria for the finding of a violation of, the suspension or disqualification of and the assessment of a civil penalty against a retail food store or w holesale food concern on the basis of evidence that may include facts estab- lished through on-site investigations, inconsistent redemption data, or evidence obtained through a transaction report under an electronic benefit transfer system. ’ ’; (2) in subsection (b)— (A) by stri k ing ‘‘(b) D isqualification’’ and inserting the following
‘‘(b) P E R IO D O F DIS Q UALIFI C ATION.— S ub j ect to subsection (c), a disqualification’’; (B) in paragraph (1), by striking ‘‘of no less than si x months nor more than five years’’ and inserting ‘‘not to exceed 5 years’’; (C) in paragraph (2), by striking ‘‘of no less than twelve months nor more than ten years’’ and inserting ‘‘not to exceed 10 years’’; (D) in paragraph ( 3 )(B)— (i) by inserting ‘‘or a finding of the unauthori z ed redemption, use, transfer, acquisition, alteration, or possession of E B T cards’’ after ‘‘concern’’ the first place it appears; and (ii) by striking ‘‘civil money penalties’’ and inserting ‘‘civil penalties’’; and (E) by striking ‘‘civil money penalty’’ each place it appears and inserting ‘‘civil penalty’’; (3) in subsection (c)— (A) by striking ‘‘(c) The action’’ and inserting the fol- lowing: ‘‘(c) CI V IL PENALT Y AND REVIE W OF DISQUALIFICATION AND PEN- ALTY DETER M INATIONS.— ‘‘(1) CIVIL P ENALTY.— I n addition to a disqualification under this section, the Secretary may assess a civil penalty in an amount not to exceed $100,000 for each violation. ‘‘(2) REVIEW.—The action’’; and (B) in paragraph (2) (as designated by subparagraph (A)), by striking ‘‘civil money penalty’’ and inserting ‘‘civil penalty’’; ( 4 ) in subsection (d)— (A) by striking ‘‘(d)’’ and all that follows through ‘‘. The Secretary shall’’ and inserting the following: ‘‘(d) CONDITIONS OF AUT H ORI Z ATION.— ‘‘(1) IN GENERAL.—As a condition of authorization to accept and redeem benefits, the Secretary may require a retail food store or wholesale food concern that, pursuant to subsection (a), has been disqualified for more than 1 8 0 days, or has been subjected to a civil penalty in lieu of a disqualification period of more than 180 days, to furnish a collateral bond or irrev- ocable letter of credit for a period of not more than 5 years
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