[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: 7CFR283.25]



[Page 973-974]

 

                          TITLE 7--AGRICULTURE

 

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

 

PART 283_APPEALS OF QUALITY CONTROL (``QC'') CLAIMS--Table of Contents

 

   Subpart C_Summary Procedure for Appeals of QC Claims of Less Than 

                                 $50,000

 

Sec. 283.25  Filing appeals for QC claims of less than $50,000.



    (a) Time. A State agency may appeal the bill for collection from FNS 

for a QC claim of less than $50,000 for a food stamp QC error rate in 

excess of the tolerance level. A State agency must file a written notice 

of appeal, in accordance with this section, within 10 days of receipt of 

the bill for collection from FNS for a QC claim of less than $50,000. 

The State agency may request an extension to the 10-day filing 

requirement in accordance with Sec. 283.22(f). FNS shall issue the bill 

for collection by certified mail or personal service.

    (b) Exhaustion of administrative remedies. The State agency must 

appeal the bill for collection to the ALJ, pursuant to this subpart, and 

exhaust the available administrative remedies before filing suit in the 

Federal District Courts.

    (c) Filing. The notice of appeal shall be filed with the Hearing 

Clerk.

    (d) Content of the notice of appeal. (1) A notice of appeal, in 

order to be considered acceptable must contain the following 

information:

    (i) A brief and clear statement that it is an appeal from a QC claim 

of less than $50,000 identifying the period the claim covers, the date 

and amount of the bill for collection, and the date of receipt of the 

bill for collection;

    (ii) Identification of the State agency as the appellant and FNS as 

the appellee;

    (iii) A statement that the notice of appeal is filed pursuant to 

section 14(a) of the Food Stamp Act;

    (iv) A true copy of the bill for collection which constitutes the 

basis for the filing of the notice of appeal shall be attached to the 

notice.

    (2) Failure to file an acceptable notice of appeal may result in a 

challenge by FNS to the notice and dismissal of the notice by the ALJ 

and a waiver of the opportunity for further appeal or review by the 

Judicial Officer unless the State agency pursues the options as 

discussed in Sec. Sec. 283.17(d) and 283.20.

    (e) Receipt of notice of appeal and assignment of docket number. 

Upon receipt of a notice of appeal, the Hearing Clerk shall assign the 

appeal a docket number. The Hearing Clerk shall:

    (1) Send the State agency a letter which shall include the following 

information:

    (i) Advise that the notice of appeal has been received and the date 

of receipt;

    (ii) The docket number assigned to the appeal and instructions that 

all future communications related to the appeal shall reference the 

docket number, and;

    (iii) That the State agency must file and serve its appeal petition, 

as set forth in Sec. 283.22 not later than 60 days after receiving a 

notice of the claim. Failure to file a timely appeal petition may result 

in a waiver of further appeal rights.

    (2) Send FNS a copy of the notice of appeal and a copy of the letter 

to the State agency.

    (f) Stay of collection. The filing of a timely notice of appeal 

shall automatically stay the action of FNS to collect



[[Page 974]]



the QC claim asserted against the State agency until a decision is 

reached on the acceptability of the appeal, and in the case of an 

acceptable appeal, until a final administrative determination has been 

issued. However, interest will accrue on the outstanding claim amount 

during the stay as provided in section 13(a)(1) of the Food Stamp Act of 

1977, as amended (7 U.S.C. 2022(a)(1)).

    (g) Content of appeal petition. The appeal petition shall include:

    (1) A brief statement of the allegations of fact and provisions of 

law that constitute the basis for the appeal including a statement as to 

whether a factual basis for good cause relief exists, and

    (2) The nature of the relief sought.

    (h) FNS answer. Upon service of the State agency appeal petition, 

FNS shall file an answer, pursuant to Sec. 283.6, not later than 60 

days after the State agency submits its appeal petition.