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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 §1.1003Suspension Review for Submitting False or Fraudulent Claims

The following are requirements for a suspension review based on submitting false or fraudulent claims.

  (1) Notice of Suspension. TDA shall notify the institution's executive director and chairman of the board of directors that TDA intends to suspend the institution's participation in CACFP, including suspension of all Program payments, unless the institution requests a review of the proposed suspension. The notice must also specify:

    (A) that TDA is proposing to suspend the institution's participation;

    (B) that the proposed suspension is based on the institution's submission of a false or fraudulent claim, as described in the serious deficiency notice;

    (C) the effective date of the suspension (which may be no earlier than ten (10) days after the institution receives the suspension notice);

    (D) the name, address and telephone number of the suspension review official who will conduct the suspension review; and

    (E) that if the institution wishes to have a suspension review, it must request a review and submit to the SRO written documentation opposing the proposed suspension within ten (10) days of the institution's receipt of the notice.

  (2) Request for suspension review. The request for suspension review shall be submitted in writing and must be received by the SRO not later than 5:00 p.m. on the tenth (10th) day after the date the receipt, or deemed receipt of the notice and must include written documentation opposing the proposed suspension. On or before that date, TDA may submit documentation and/or written argument and authorities in support of the suspension.

  (3) Hearing. No hearing shall be provided. The suspension review shall be limited to a review of TDA's file pertaining to the institution, including relevant information from the Texas Unified Nutrition Programs System, along with written submissions by the institution or TDA concerning TDA's proposal to suspend the institution's participation.

  (4) Basis for decision. The SRO shall make a determination based on a preponderance of the evidence provided by TDA, the institution, and, the executive director and chairman of the board of directors, based on the laws, regulations, policies, and procedures governing the Program.

  (5) Time for issuing a decision. Within ten (10) days of TDA's receipt of the request for the suspension review, the SRO shall issue a written determination informing TDA, the institution, and the institution's executive director and chairman of the board of directors, of the SRO's decision. This timeframe is an administrative requirement for TDA and may not be used as a basis for overturning TDA's action if a decision is not made within the specified timeframe.

  (6) Appeal from decision by the SRO. If the SRO determines that TDA's action was appropriate, the institution, or the institution's executive director and chairman of the board of directors, may appeal the suspension as provided by 7 CFR §226.6(c)(5)(ii)(D)(3) and (k).


Source Note: The provisions of this §1.1003 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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