[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: 7CFR283.4]



[Page 958-959]

 

                          TITLE 7--AGRICULTURE

 

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

 

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

 

            Subpart B_Appeals of QC Claims of $50,000 or More

 

Sec. 283.4  Filing appeals for QC claims of $50,000 or more.





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

for a QC claim of $50,000 or more for a food stamp QC error rate in 

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

notice of appeal, in accordance with this subpart, within 10 days of 

receipt of the bill for collection from FNS for a QC claim of $50,000 or 

more. 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 in accordance with Sec. 283.22(b).

    (d) Content of the notice. (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 $50,000 or more 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 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, 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:



[[Page 959]]



    (i) Advice 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) Advice 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 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 the 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;

    (2) The nature of the relief sought, and;

    (3) A request for an oral hearing, if desired by the State agency. 

Failure to request an oral hearing will result in a forfeiture of the 

opportunity for such a hearing, except as provided in Sec. 283.15(a).

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

FNS shall:

    (1) File an answer, in accordance with Sec. 283.6, not later than 

60 days after the State agency submits its appeal petition and;

    (2) Advise the Hearing Clerk if FNS wishes to have an oral hearing.

    (i) Oral hearing not requested. If no oral hearing has been 

requested, the appeal shall proceed in accordance with the procedures 

set forth under subpart C of this part.