[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: 7CFR247.35]



[Page 422-423]

 

                          TITLE 7--AGRICULTURE

 

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

 

PART 247_COMMODITY SUPPLEMENTAL FOOD PROGRAM--Table of Contents

 

Sec. 247.35  Local agency appeals of State agency actions.



    (a) What recourse must the State agency provide local agencies to 

appeal a decision that adversely affects their participation in CSFP? 

The State agency must establish a hearing procedure to allow local 

agencies to appeal a decision that adversely affects their participation 

in CSFP--e.g., the termination of a local agency's participation in the 

program. The adverse action must be postponed until a decision on the 

appeal is made.

    (b) What must the State agency include in the hearing procedure to 

ensure that the local agency has a fair chance to present its case? The 

hearing procedure must provide the local agency:

    (1) Adequate advance notice of the time and place of the hearing;

    (2) An opportunity to review the record before the hearing, and to 

present evidence at the hearing;

    (3) An opportunity to confront and cross-examine witnesses; and

    (4) An opportunity to be represented by counsel, if desired.



[[Page 423]]



    (c) Who conducts the hearing and how is a decision on the appeal 

made? The hearing must be conducted by an impartial person who must make 

a decision on the appeal that is based solely on the evidence presented 

at the hearing, and on program legislation and regulations. A decision 

must be made within 60 days from the date of the request for a hearing, 

and must be provided in writing to the local agency.