[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: 7CFR246.22]



[Page 394-395]

 

                          TITLE 7--AGRICULTURE

 

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

 

PART 246_SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS AND 

CHILDREN--Table of Contents

 

                   Subpart G_Miscellaneous Provisions

 

Sec. 246.22  Administrative appeal of FNS decisions.





    (a) Right to appeal. When FNS asserts a sanction against a State 

agency under the provisions of Sec. 246.19, the State agency may appeal 

and must be afforded a hearing or review by an FNS Administrative Review 

Officer. The right of appeal shall not apply to claims for repayment 

assessed by FNS against the State agency under Sec. 246.23(a). A State 

agency shall have the option of requesting a hearing to present its 

position or a review of pertinent documents and records including any 

additional written submission prepared by the State agency.



[[Page 395]]



    (1) FNS will send a written notice by Certified Mail-Return Receipt 

Requested to the state agency or otherwise ensure receipt of such notice 

by the agency when asserting a sanction against a State agency as 

specified in Sec. 246.19(a).

    (2) A State agency aggrieved by a sanction asserted against it may 

file a written request with the Director, Administrative Review 

Division, U.S. Department of Agriculture, Food and Nutrition Service, 

3101 Park Center Drive, Alexandria, Va. 22302, for a hearing or a review 

of the record. Such request shall be sent by Certified Mail-Return 

Receipt Requested and postmarked within 30 days of the date of receipt 

of the sanction notice. The envelope containing the request shall be 

prominently marked ``REQUEST FOR REVIEW OR HEARING.'' The request shall 

clearly identify the specific FNS sanction(s) being appealed and shall 

include a photocopy of the FNS notice of sanction. If the State agency 

does not request a review of hearing within 30 days of receipt of the 

notice, the administrative decision on the sanctions will be considered 

final.

    (b) Acknowledgment of request. Within 15 days of receipt by the 

Director of the Administrative Review Division of a request for review 

or hearing, the Director will provide the State agency with a written 

acknowledgment of the request.

    (1) The acknowledgment will include the name and address of the FNS 

Administrative Review Officer to review the sanction;

    (2) The acknowledgment will also notify the State agency that within 

30 days of the receipt of the acknowledgment, the State agency shall 

submit three sets of the following information to the Administrative 

Review Officer--

    (i) A clear, concise identification of the issue(s) in dispute;

    (ii) The State agency's position with respect to the issue(s) in 

dispute;

    (iii) The pertinent facts and reasons in support of the State 

agency's position with respect to the issue(s) in dispute and a copy of 

the specific sanction notice provided by FNS;

    (iv) All pertinent documents, correspondence and records which the 

State agency believes are relevant and helpful toward a more thorough 

understanding of the issue(s) in dispute;

    (v) The relief sought by the State agency;

    (vi) The identity of the person(s) presenting the State agency's 

position when a hearing is involved; and

    (vii) A list of prospective State agency witnesses when a hearing is 

involved.

    (c) FNS action. (1) When a hearing is requested pursuant to this 

section, the Administrative Review Officer will, within 60 days after 

receipt of the State agency's information, schedule and conduct the 

hearing. The State agency will be advised of the time, date and location 

of the hearing at least 10 days in advance.

    (2) When a hearing is requested, the FNS Administrative Review 

Officer will make a final determination within 30 days after the 

hearing, and the final determination will take effect upon delivery of 

the written notice of this final decision to the State agency.

    (3) When a review is requested, the FNS Administrative Review 

Officer will review information presented by a State agency and will 

make a final determination within 30 days after receipt of that 

information. The final determination will take effect upon delivery of 

the written notice of this final decision to the State agency.