[Code of Federal Regulations]
[Title 7, Volume 4]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR281.10]

[Page 951-952]
 
                          TITLE 7--AGRICULTURE
 
    CHAPTER II--FOOD AND NUTRITION SERVICE, DEPARTMENT OF AGRICULTURE
 
PART 281_ADMINISTRATION OF THE FOOD STAMP PROGRAM ON INDIAN RESERVATIONS
--Table of Contents
 
Sec. 281.10  Appeals.

    (a) Failure/capability. (1) Any State agency or ITO may appeal the 
determination made by FNS on:
    (i) Whether or not the reservation definition is met;
    (ii) The failure or absence of failure of an agency of State 
government to properly administer the Food Stamp Program;
    (iii) The capability or incapability of an ITO to administer the 
Food Stamp Program;
    (iv) The failure of an ITO to properly administer the Food Stamp 
Program;
    (v) The Federal matching percentage level of administrative funding 
made available by FNS. To prevail the State agency must show a 
compelling justification that additional funding is needed for the 
effective administration of the Program on the reservation.
    (2) At the time FNS advises the State agency or ITO of its 
determination, FNS shall also advise the State agency or ITO of its 
right to appeal and, except for appeals of funding determinations, shall 
advise the State agency or ITO of its right to request either a meeting 
to present its position in person or a review of the record. On appeals 
of funding determinations, FNS shall advise the State agency or ITO that 
it may indicate if it wishes a meeting, however, FNS need schedule a 
meeting only if FNS determines a meeting is warranted to reach a proper 
adjudication of the matter. Otherwise,

[[Page 952]]

FNS shall review supportive information submitted by the State agency or 
ITO in paragraph (b)(2) of this section.
    (b) Procedures--(1) Time limit. Any State agency or ITO which wants 
to appeal an initial FNS determination under paragraph (a) of this 
section must notify the Administrator of FNS, in writing within 15 days 
from the date of the determination and must advise FNS if it wishes a 
meeting or a review of the record.
    (2) Acknowledgment. Within five days of receipt by the Administrator 
of FNS of a request for review, FNS shall provide the State agency or 
ITO by certified mail, return receipt requested, with a written 
acknowledgement of the request. The acknowledgment shall include the 
name and address of the official designated by the Administrator to 
review the appeal. The acknowledgment shall also notify the State agency 
or ITO that within ten day of receipt of the acknowledgment, the State 
agency or ITO shall submit written information in support of its 
position.
    (3) Scheduling a meeting. If the Administrator, FNS, grants a 
meeting FNS shall advise the State agency or ITO by certified mail, 
return receipt requested, of the time, date and location of the meeting 
at least ten days in advance of the meeting. FNS shall schedule and 
conduct the meeting and make a decision within 60 days of the receipt of 
the information submitted in response to paragraph (b)(2) of this 
section.
    (4) Review. If no meeting is conducted, the official designated by 
the Administrator, FNS, shall review information presented by a State 
agency or ITO which requests a review, and shall make a final 
determination in writing within 45 days of the receipt of the State 
agency's or ITO's information submitted in response to paragraph (b)(2) 
of this section setting forth in full the reasons for the determination.
    (5) Final decision. The official's decision after a meeting or a 
review shall be final.
    (c) Funding and other sanctions. Any State agency or ITO that wishes 
to appeal a funding determination made by FNS other than under (a)(5) of 
this section, or the application of a Federal sanction, shall follow the 
Administrative Review Procedures set forth in part 276.