[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: 7CFR281.10]



[Page 955-956]

 

                          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, 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



[[Page 956]]



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.