The opinion of the court was delivered by: Honorable Christina A. Snyder
FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING PLAINTIFF'S REQUEST FOR A STAY
The Court, having considered plaintiff Mousaler, Inc.'s Request for Stay, defendant's opposition, plaintiff's complaint, and the evidence presented, makes the following findings of fact and conclusions of law:
1. Plaintiff owns and operates a retail food store which the Food and Nutrition Service ("FNS"), of the U.S. Department of Agriculture, authorized to accept and redeem food stamps in exchange for eligible food items.
2. The FNS contends that it conducted an investigation of plaintiff's store and determined that they had processed a number of suspicious purchases using EBT cards.
3. The FNS concluded that it appeared that plaintiff was trafficking*fn1 in food stamps and imposed a penalty of permanent disqualification from the Food Stamp Program.
4. Plaintiff admitted that it had extended credit to some of its food stamp customers who repaid the credit using their EBT card benefits, but that the suspicious transactions were payments for credit previously advanced, and not trafficking for cash.
5. Defendant accepted plaintiff's admissions and explanations regarding the credit transactions, and reduced the permanent disqualification penalty to a one year disqualification.
6. On June 25, 2008, plaintiff filed a complaint for judicial review and determination of the validity of the administrative disqualification of its store, contending that a six month disqualification is the appropriate penalty.
7. In the complaint, plaintiff also requests a stay of the administrative action.
8. Any Finding of Fact which is deemed properly a Conclusion of Law shall be considered a Conclusion of Law.
9. Congress has specifically limited the availability of injunctive relief to a store facing imposition of a penalty for violation of the Food Stamp Act to a "stay" of the administrative order.
10. Congress has empowered the courts to grant the stay of an administrative order of disqualification pending judicial review only under ...