In addition to the definitions set out in 7 Code of Federal
Regulations (CFR) §226.2, the following words, names, and terms
shall have the following meanings, unless the context clearly indicates
(1) Administrative review official (ARO)--The independent
and impartial official who conducts the appeal held in accordance
with 7 CFR §226.6(k). The review official shall be an independent
and impartial official other than, and not accountable to, any person
authorized to make decisions that are subject to appeal under the
provisions of this section. Although the ARO may be an employee of
TDA, he/she shall not have been involved in the action that is the
subject of the appeal, or have a direct personal or financial interest
in the outcome of the appeal. The institution and the responsible
principals and responsible individuals shall be permitted to contact
the ARO directly if they so desire.
(2) Appeal--The fair hearing provided upon request
(A) an institution that has been given notice by TDA
of any action or proposed action that will affect their participation
or reimbursement under the Program;
(B) a principal or individual responsible for an institution's
serious deficiency after the responsible principal or responsible
individual has been given a notice of intent to disqualify them from
the Program; and
(C) a day care home that has been given a notice of
proposed termination for cause.
(3) Appellant--An institution, day care home, responsible
principal or responsible individual, who requests an appeal.
(4) CFR--The Code of Federal Regulations.
(5) Days--Consecutive calendar days unless otherwise
(6) FNS--The Food and Nutrition Service of the U.S.
Department of Agriculture.
(7) Institution--A sponsoring organization, child care
center, at-risk after-school care center, outside-school-hours care
center, emergency shelter or adult day care center which enters into
an agreement with TDA to assume final administrative and financial
responsibility for Program operations.
(8) Notice--A letter sent by certified mail, return
receipt (or the equivalent private delivery service), by facsimile,
or by email, that describes an action proposed or taken by TDA or
FNS with regard to an institution's Program reimbursement or participation.
Notice also means a letter sent by certified mail, return receipt
(or the equivalent private delivery service), by facsimile, or by
email, that describes an action proposed or taken by a sponsoring
organization with regard to a day care home's participation. The notice
shall specify the action being proposed or taken and the basis for
the action, and is considered to be received by the institution or
day care home when it is delivered, sent by facsimile, or sent by
email. If the notice is sent by certified mail, return receipt (or
the equivalent private delivery service), the notice is considered
to be received by the institution, responsible principal or responsible
individual, or day care home on the date of actual or attempted delivery
to the addressee's last known mailing address. With respect to notice
provided by certified mail, return receipt requested, in the absence
of an official receipt, in any form, from the United States Postal
Service reflecting the date of actual or attempted delivery, the notice
will be deemed received by the addressee five (5) days after being
sent to the addressee's last known mailing address.
(9) Principal--Any individual who holds a management
position within, or is an officer of, an institution or a sponsored
center, including all members of the institution's board of directors
or the sponsored center's board of directors.
(10) Program--The Child and Adult Care Food Program
authorized by §17 of the National School Lunch Act, as amended.
(11) Responsible principal or responsible individual--
(A) a principal, whether compensated or uncompensated,
who TDA or FNS determines to be responsible for an institution's serious
(B) any other individual employed by, or under contract
with, an institution or sponsored center, who TDA or FNS determines
to be responsible for an institution's serious deficiency; or
(C) an uncompensated individual who TDA or FNS determines
to be responsible for an institution's serious deficiency.
(12) Sponsoring organization--A public or nonprofit
private organization that is entirely responsible for the administration
of the food program in:
(A) one or more day care homes;
(B) a child care center, emergency shelter, at-risk
afterschool care center, outside-school-hours care center, or adult
day care center which is a legally distinct entity from the sponsoring
(C) two or more child care centers, emergency shelters,
at-risk afterschool care centers, outside-school-hours care center,
or adult day care centers; or
(D) any combination of child care centers, emergency
shelters, at-risk afterschool care centers, outside-school-hours care
centers, adult day care centers, and day care homes. The term "sponsoring
organization" also includes an organization that is entirely responsible
for administration of the Program in any combination of two or more
child care centers, at-risk afterschool care centers, adult day care
centers or outside-school-hours care centers, which meet the definition
of For-profit center in 7 CFR §226.2 and are part of the same
legal entity as the sponsoring organization.
(13) Suspension review--The review provided, upon the
institution's request, to an institution that has been given a notice
of intent to suspend participation (including Program payments), based
on a determination that the institution has knowingly submitted a
false or fraudulent claim.
(14) Suspension review official (SRO)--An independent
and impartial person, not accountable to any person involved in the
decision to initiate suspension proceedings, appointed by the Commissioner
or Deputy Commissioner to make a written determination of whether
TDA's proposed suspension was appropriate or inappropriate.
(15) TDA--The Texas Department of Agriculture.