[Code of Federal Regulations]

[Title 7, Volume 4]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 7CFR245.7]



[Page 297-298]

 

                          TITLE 7--AGRICULTURE

 

    CHAPTER II--FOOD AND NUTRITION SERVICE, DEPARTMENT OF AGRICULTURE

 

PART 245_DETERMINING ELIGIBILITY FOR FREE AND REDUCED PRICE MEALS AND 

FREE MILK IN SCHOOLS--Table of Contents

 

Sec. 245.7  Hearing procedure for families and School Food Authorities.



    (a) Each School Food Authority of a school participating in the 

National School Lunch Program, School Breakfast Program or the Special 

Milk Program or of a commodity only school shall establish a hearing 

procedure under which:

    (1) A family can appeal from a decision made by the School Food 

Authority with respect to an application the family has made for free or 

reduced price meals or for free milk, and (2) the School Food Authority 

can challenge the continued eligibility of any child for a free or 

reduced price meal or for free milk. The hearing procedure shall provide 

for both the family and the School Food Authority:

    (i) A simple, publicly announced method to make an oral or written 

request for a hearing;

    (ii) An opportunity to be assisted or represented by an attorney or 

other person;

    (iii) An opportunity to examine, prior to and during the hearing, 

any documents and records presented to support the decision under 

appeal;

    (iv) That the hearing shall be held with reasonable promptness and 

convenience, and that adequate notice shall be given as to the time and 

place of the hearing;

    (v) An opportunity to present oral or documentary evidence and 

arguments supporting a position without undue interference;

    (vi) An opportunity to question or refute any testimony or other 

evidence and to confront and cross-examine any adverse witnesses;

    (vii) That the hearing shall be conducted and the decision made by a 

hearing official who did not participate in making the decision under 

appeal or in any previously held conference;

    (viii) That the decision of the hearing official shall be based on 

the oral and documentary evidence presented at the hearing and made a 

part of the hearing record;

    (ix) That the parties concerned and any designated representative 

shall be notified in writing of the decision of the hearing official;

    (x) That a written record shall be prepared with respect to each 

hearing, which shall include the challenge or the decision under appeal, 

any documentary evidence and a summary of any oral testimony presented 

at the



[[Page 298]]



hearing, the decision of the hearing official, including the reasons 

therefor, and a copy of the notification to the parties concerned of the 

decision of the hearing official; and

    (xi) That the written record of each hearing shall be preserved for 

a period of 3 years and shall be available for examination by the 

parties concerned or their representatives at any reasonable time and 

place during that period.

    (b) Continuation of benefits. When a household disagrees with an 

adverse action which affects its benefits and requests a fair hearing, 

benefits shall be continued as follows while the household awaits the 

hearing and decision:

    (1) Households that have been approved for benefits and that are 

subject to a reduction or termination of benefits later in the same 

school year shall receive continued benefits if they appeal the adverse 

action within the 10 day advance notice period; and

    (2) Households that are denied benefits upon application shall not 

receive benefits.



(44 U.S.C. 3506; sec. 803, Pub. L. 97-35, 95 Stat. 521-535 (42 U.S.C. 

1758))



[Amdt. 6, 39 FR 30339, Aug. 22, 1974, as amended at 47 FR 746, Jan. 7, 

1982; 48 FR 12511, Mar. 25, 1983]