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TITLE 4AGRICULTURE
PART 1TEXAS DEPARTMENT OF AGRICULTURE
CHAPTER 1GENERAL PROCEDURES
SUBCHAPTER PAPPEAL PROCEDURES FOR THE FOOD AND NUTRITION PROGRAMS
DIVISION 1APPEAL PROCEDURES FOR THE CHILD AND ADULT CARE FOOD PROGRAM (CACFP)
RULE §1.1000Definitions

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 otherwise.

  (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 to:

    (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 specified.

  (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 deficiency;

    (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 organization;

    (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.


Source Note: The provisions of this §1.1000 adopted to be effective March 1, 2009, 34 TexReg 1227; amended to be effective November 22, 2012, 37 TexReg 9092; amended to be effective December 5, 2013, 38 TexReg 8642

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