ADMINISTRATIVE AND JUDICIAL REVIEW.

SEC. 603. ADMINISTRATIVE AND JUDICIAL REVIEW.Section 14(a) of the Food Stamp Act of 1977 (7 U.S.C. 2023(a)) is amended— (1) by inserting immediately after the fifth sentence the following new sentences: “Determinations regarding claims made pursuant to section 16(c) shall be made on the record after 102 STAT. 1675 opportunity for an agency hearing in accordance with section 556 and 557 of title 5, United States Code, in which one or more administrative law judges appointed pursuant to section 3105 of such title shall preside over the taking of evidence. Such judges shall have authority to issue and enforce subpoenas in the manner prescribed in sections 13 (c) and (d) of the Perishable Agricultural Commodities Act of 1930 (7 U.S.C. 499m (c) and (d)) and to appoint expert witnesses under the provisions of Rule 706 of the Federal Rules of Evidence. The Secretary may not limit the authority of such judges presiding over determinations regarding claims made pursuant to section 16(c). The Secretary shall provide a summary procedure for determinations regarding claims made pursuant to section 16(c) in amounts less than $50,000. Such summary procedure need not include an oral hearing. On a petition by the State agency or sua sponte, the Secretary may permit the full administrative review procedure to be used in lieu of such summary review procedure for a claim of less than $50,000. Subject to the right of judicial review hereinafter provided, a determination made by an administrative law judge regarding a claim made pursuant to section 16(c) shall be final and shall take effect thirty days after the date of the delivery or service of final notice of such determination.”; (2) by inserting before the period at the end of the eighth sentence (as it existed before the amendment made by paragraph (1)) “, except that judicial review of determinations regarding claims made pursuant to section 16(c) shall be a review on the administrative record”; and (3) by adding at the end thereof the following new sentence: “Notwithstanding the administrative or judicial review procedures set forth in this subsection, determinations by the Secretary concerning whether a State agency had good cause for its failure to meet error rate tolerance levels established under section 16(c) are final.”.