[Code of Federal Regulations]
[Title 7, Volume 4]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR247.22]

[Page 410]
 
                          TITLE 7--AGRICULTURE
 
    CHAPTER II--FOOD AND NUTRITION SERVICE, DEPARTMENT OF AGRICULTURE
 
PART 247_COMMODITY SUPPLEMENTAL FOOD PROGRAM--Table of Contents
 
Sec.  247.22  Administrative appeal of State agency decisions.

    (a) Requirements. The State agency shall provide a hearing procedure 
whereby a local agency adversely affected by a State action may appeal 
the action. The right to appeal shall be granted when the local agency's 
application to participate is denied, when participation is terminated, 
when a contract is not renewed by the State agency or when any other 
adverse action which affects participation is taken. The adverse action 
shall be postponed until a hearing decision is reached.
    (b) Procedure. The State agency hearing procedure shall at a minimum 
provide the local agency:
    (1) Adequate advance notice of the time and place of the hearing to 
provide all parties involved sufficient time to prepare for the hearing;
    (2) The opportunity to present its case;
    (3) The opportunity to confront and cross-examine adverse witnesses;
    (4) The opportunity to be represented by counsel, if desired;
    (5) The opportunity to review the case record prior to the hearing;
    (6) An impartial decision maker, whose decision as to the validity 
of the State or local agency's action shall rest solely on the evidence 
presented at the hearing and the statutory and regulatory provisions 
governing the Program. The basis for the decision shall be stated in 
writing, although it need not amount to a full opinion or contain formal 
finding of fact and conclusions of law; and
    (7) Written notification of the decision concerning the appeal, 
within 60 days from the date of the request for a hearing.