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 Summer Food Service Program Appeal Procedures

This constitutes the procedure the State Agency will follow when an applicant requests a review for: denial of an application for participation, denial of a request by a sponsor for an advance payment, denial of a claim by a sponsor for reimbursement, a claim against a sponsor for remittance of a payment, termination of the sponsor or a site, denial of a sponsor's application for a site, denial of a food service management company's application for registration, revocation of such registration, or denial by the State Agency to forward to FNS an exception request by the sponsor for payment of a late claim or a request for an upward adjustment to a claim.

  1. The sponsor or food service management company will be advised in writing of the grounds upon which the State Agency based the action. The notice of action which shall be sent by certified mail, return receipt requested, and shall include a statement indicating that the sponsor or food service management company has the right to appeal the action of the State Agency;
  2. The sponsor or food service management company will be advised in writing that the request for review must be made within seven days from the date of receipt of the notice of action;
  3. The appellant will be allowed the opportunity to review any information upon which the action was based;
  4. The appellant may refute the charges contained in the notice of action either in person or by filing written documentation with the review official. To be considered, written documentation must be submitted by the appellant within seven days of submitting the request for review, must clearly identify the State Agency action being appealed, and must include a photocopy of the notice of action issued by the State Agency;
  5. A hearing shall be held by the review official in addition to, or in lieu of, a review of written information submitted by the appellant only if the appellant so specifies in the letter of request for review. The appellant may retain legal counsel, or may be represented by another person. Failure of the appellant's representative to appear at a scheduled hearing shall constitute the appellant's waiver of the right to a personal appearance before the review official, unless the review official agrees to reschedule the hearing. A representative of the State Agency shall be allowed to attend the hearing to respond to the appellant's testimony and written information and to answer questions from the review official;
  6. If the appellant has requested a hearing, the appellant and the State Agency shall be provided with at least five days advance written notice, sent by certified mail, return receipt requested, of the time and place of the hearing;
  7. The hearing shall be held within 14 days of the date of the receipt of the request for review, but where applicable, not before the appellant's written documentation is received in accordance with items 4 and 5 of this section;
  8. The review official shall be a representative from the North Dakota Attorney General's Office;
  9. The review official shall make a determination based on Program regulations and on information provided by the State Agency and the appellant;
  10. Within five (5) working days after the appellant's hearing, or within five (5) working days after receipt of written documentation if no hearing is held, the reviewing official must make a determination based on a full review of the administrative record and inform the appellant of the determination of the review by certified mail, return receipt requested;
  11. The State Agency's action shall remain in effect during the appeal process. However, participating sponsors and sites may continue to operate under the Program during an appeal of termination, and if the appeal results in overturning the State Agency's decision, reimbursement shall be paid for meals served during the appeal process. However, such continued operation under the Program shall not be allowed if the State Agency's action is based on imminent dangers to the health or welfare of the children. If the sponsor or site has been terminated for this reason, the State Agency shall so specify in its notice of action; and
  12. The determination by the State review official is the final administrative determination to be afforded to the appellant.

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North Dakota Department of Public Instruction
Kirsten Baesler, State Superintendent
600 E. Boulevard Avenue, Dept. 201
Bismarck, North Dakota 58505-0440
701/328-2260

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