United States Department of Agriculture Administrative Law Defense Attorneys

by | Aug 7, 2023 | Uncategorized

United States Department of Agriculture Administrative Law Defense Lawyers

The attorneys at Ray & Weinstein, P.C. represent clients in Administrative Law involving the USDA. Administrative Law consists of the laws, regulations and rules that govern disciplinary proceedings and regulatory compliance matters with federal government agencies including the United States Department of Agriculture. Many business and individuals maintain licenses issued by the USDA. These licenses and permits are often subject to disciplinary action and regulatory matters by the United States Department of Agriculture. Our firm represents clients in matters before the USDA.

USDA Administrative Law Investigations Lawyers

The majority of Federal Administrative Law disciplinary investigations and regulatory compliance matters begin with a criminal investigation or USDA Administrative Complaint. Disciplinary investigations also occur due to criminal convictions. The United States Department of Agriculture utilizes non sworn civilian investigators to conduct non criminal investigations. The USDA also maintains a criminal investigations unit to investigate criminal and administrative law violations committed by USDA licensees and permit holders. Administrative Law Due Process Rights differ substantially from the Due Process Rights accorded in criminal law

At the conclusion of a United States Department of Agriculture Administrative Law investigation, the USDA has several options. The USDA can close the Complaint. The United States Department of Agriculture can issue an Administrative Penalty. The USDA can also choose to refer the matter to its counsel for the filing of formal Administrative disciplinary charges to discipline or revoke a license or permit. The United States Department of Agriculture’s legal counsel determines whether cause exists to file formal disciplinary actions. In cases involving criminal conduct, the USDA may refer the case to the United States Attorney’s Office for criminal prosecution.

United States Department of Agriculture Professional License and Permit Discipline Defense Attorneys

A disciplinary notice or Complaint served on a USDA License or Permit holder serves as notice that the United States Department of Agriculture intends to suspend or revoke a USDA Business or Professional License. The licensee, now called the Respondent, has a specific number of days from the date that the disciplinary notice or Complaint was served (not received, but served) to file a Request for Hearing, or similarly named document. The failure to file a Request for Hearing can result in a Default against the USDA Professional licensee. A Default can result in the immediate Revocation of the License or Permit issued by the United States Department of Agriculture.

A disciplinary action or Complaint is a serious matter that can result in the discipline or revocation of a USDA Business License, USDA Professional License or USDA Permit. In many cases, it is possible for Professional License and Permit holders to reach a settlement with the United States Department of Agriculture. The United States Department of Agriculture may schedule an Informal Conference or Settlement Conference to determine discipline. If a settlement cannot be reached, the parties will proceed to a formal Hearing before the United States Department of Agriculture Administrative Law Court.

USDA Administrative Law Hearing Defense Attorneys

The United States Department of Agriculture maintains their own Administrative Law Court. The USDA Office of Administrative Law Judges is headquartered in Washington, D.C. Hearings are generally held remotely by videoconference, or in some cases, in person throughout the United States. The Administrative Law Hearing is a formal Hearing before an Administrative Law Judge employed by the USDA. The Administrative Law Judge, or ALJ, will generally issue a written, Proposed Findings of Fact and Conclusions of Law within a prescribed time period subsequent to the Hearing. Depending on the agency, the USDA staff attorney and the Respondent may have the ability to file Exceptions and Briefs related to the ALJ’s Proposed Findings of Fact and Conclusions of Law. The United States Department of Agriculture can usually adopt, modify or reject the ALJ’s Proposed Findings of Fact and Conclusions of Law. Appeal rights may vary. Appeal rights may include Petitions for Rehearing, Appeals to United States District Courts, or Appeals to United States Circuit Court of Appeals.

United States Department of Agriculture Licenses, Permits and Criminal Convictions

The USDA can discipline licensees due to criminal convictions. The United States Department of Veterans Affairs can also bar individuals and businesses from receiving USDA Licenses and Permits due to criminal convictions. USDA License and Permit discipline primarily occurs for felony criminal convictions and criminal convictions related to the respective Business or Professional License. The United States Department of Agriculture and other law enforcement agencies also investigate criminal conduct by licensees in the course and scope of their license or permit. Common federal criminal offenses that can cause USDA License and Permit discipline denial are:

  • Altering or Forging a Prescription
  • Aggravated Assault
  • Battery
  • Burglary
  • Child Abuse
  • Diverting a Controlled Substance
  • Domestic Violence
  • Drug Trafficking
  • DUI/DWI
  • Elder Abuse
  • Forgery
  • Fraud
  • Identity Theft
  • Insurance Fraud
  • Larceny
  • Medicare Fraud
  • Money Laundering
  • Mortgage Fraud
  • Perjury
  • Possession with Intent to Distribute
  • Possession of a Controlled Substance
  • Public Intoxication
  • Real Estate Fraud
  • Robbery
  • Sex Offenses
  • Stalking
  • Theft
  • Trespass
  • Vandalism
  • Weapons Violations

Common federal criminal offenses that can cause Federal Administrative License discipline and Federal License denial are:

  • Bank Fraud
  • Bribery
  • Conspiracy
  • Counterfeiting
  • Drug Trafficking
  • Election Fraud
  • Embezzlement
  • Environmental Crime
  • Extortion
  • False Statements
  • Fraud
  • Healthcare Fraud
  • Hobbs Act Robbery
  • Human Trafficking
  • Identity Theft
  • Immigration Fraud
  • Insider Trading
  • Internet Crimes
  • Mail Fraud
  • Mortgage Fraud
  • Perjury
  • Racketeering
  • Sock Fraud
  • Tax Evasion
  • Tax Fraud
  • Weapons Violations
  • Wire Fraud

USDA License and Permit Denial Defense Attorneys

The United States Department of Agriculture thoroughly investigates all applicants for USDA Licenses and Permits. The USDA may deny a Federal License or Permit to applicants from the United States and other countries. Many USDA License or Permit denials occur due to criminal convictions, financial problems or misstatements on USDA License applications Permit applications. Some United States Department of Agriculture Professional License denial cases before the USDA Administrative Law Court may result in a settlement. For Federal Professional License denial cases that do not settle, Hearings before the USDA Administrative Law Court involves a similar procedure.

United States Department of Agriculture Licensing Lawyers

Federal Administrative Law is standard throughout the United States. All Federal agencies generally adhere to similar procedures governing Federal Administrative Law. USDA disciplinary legal issues can result in the loss of a USDA Business License, Professional License and Permit. Furthermore, the USDA oversees complex regulatory frameworks that require complete Regulatory Compliance by businesses and individuals. While Ray & Weinstein, P.C. is located in Texas, the attorneys at our firm represent clients throughout the United States and in other countries in United States Department of Agriculture Regulatory Compliance matters.