[Code of Federal Regulations]
[Title 7, Volume 4]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR246.22]

[Page 439-440]
 
                          TITLE 7--AGRICULTURE
 
    CHAPTER II--FOOD AND NUTRITION SERVICE, DEPARTMENT OF AGRICULTURE
 
PART 246_SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS AND 
 
                   Subpart G_Miscellaneous Provisions
 
Sec. 246.22  Administrative appeal of FNS decisions.


    (a) Right to appeal. When FNS asserts a sanction against a State 
agency under the provisions of Sec. 246.19, the State agency may appeal 
and must be afforded a hearing or review by an FNS Administrative Review 
Officer. The right of appeal shall not apply to claims for repayment 
assessed by FNS against the State agency under Sec. 246.23(a). A State 
agency shall have the option of requesting a hearing to present its 
position or a review of pertinent documents and records including any 
additional written submission prepared by the State agency.
    (1) FNS will send a written notice by Certified Mail-Return Receipt 
Requested to the state agency or otherwise ensure receipt of such notice 
by the agency when asserting a sanction against a State agency as 
specified in Sec. 246.19(a).
    (2) A State agency aggrieved by a sanction asserted against it may 
file a written request with the Director, Administrative Review 
Division, U.S. Department of Agriculture, Food and Nutrition Service, 
3101 Park Center Drive, Alexandria, Va. 22302, for a hearing or a review 
of the record. Such request shall be sent by Certified Mail-Return 
Receipt Requested and postmarked within 30 days of the date of receipt 
of the sanction notice. The envelope containing the request shall be 
prominently marked ``REQUEST FOR REVIEW OR HEARING.'' The request shall 
clearly identify the specific FNS sanction(s) being appealed and shall 
include a photocopy of the FNS notice of sanction. If the State agency 
does not request a review of hearing within 30 days of receipt of the 
notice, the administrative decision on the sanctions will be considered 
final.
    (b) Acknowledgment of request. Within 15 days of receipt by the 
Director of the Administrative Review Division of a request for review 
or hearing, the Director will provide the State agency with a written 
acknowledgment of the request.
    (1) The acknowledgment will include the name and address of the FNS 
Administrative Review Officer to review the sanction;
    (2) The acknowledgment will also notify the State agency that within 
30 days of the receipt of the acknowledgment, the State agency shall 
submit three sets of the following information to the Administrative 
Review Officer--
    (i) A clear, concise identification of the issue(s) in dispute;
    (ii) The State agency's position with respect to the issue(s) in 
dispute;
    (iii) The pertinent facts and reasons in support of the State 
agency's position with respect to the issue(s) in dispute and a copy of 
the specific sanction notice provided by FNS;
    (iv) All pertinent documents, correspondence and records which the 
State agency believes are relevant and helpful toward a more thorough 
understanding of the issue(s) in dispute;
    (v) The relief sought by the State agency;
    (vi) The identity of the person(s) presenting the State agency's 
position when a hearing is involved; and
    (vii) A list of prospective State agency witnesses when a hearing is 
involved.
    (c) FNS action. (1) When a hearing is requested pursuant to this 
section, the Administrative Review Officer will, within 60 days after 
receipt of the State agency's information, schedule and conduct the 
hearing. The State

[[Page 440]]

agency will be advised of the time, date and location of the hearing at 
least 10 days in advance.
    (2) When a hearing is requested, the FNS Administrative Review 
Officer will make a final determination within 30 days after the 
hearing, and the final determination will take effect upon delivery of 
the written notice of this final decision to the State agency.
    (3) When a review is requested, the FNS Administrative Review 
Officer will review information presented by a State agency and will 
make a final determination within 30 days after receipt of that 
information. The final determination will take effect upon delivery of 
the written notice of this final decision to the State agency.