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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.
- 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;
- 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;
- The appellant will be allowed the opportunity to review any information
upon which the action was based;
- 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;
- 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;
- 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;
- 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;
- The review official shall be a representative from the North Dakota
Attorney General's Office;
- The review official shall make a determination based on Program regulations
and on information provided by the State Agency and the appellant;
- 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;
- 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
- The determination by the State review official is the final administrative
determination to be afforded to the appellant.
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