[Code of Federal Regulations]
[Title 7, Volume 4]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR247.35]

[Page 427-428]
 
                          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 428]]

    (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.