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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 §1.1004Appeals for Day Care Homes

(a) General. When a sponsoring organization proposes to terminate its Program agreement with a day care home for cause, the day care home shall be provided an opportunity for an appeal of the proposed termination by requesting the sponsoring organization to offer an appeal. The sponsoring organization shall develop procedures for offering and providing these appeals. These procedures shall be consistent with this section and provided to each day care home when:

  (1) the day care home enrolls in the Program, and

  (2) the sponsoring organization takes an adverse action against the day care home provider.

(b) Actions subject to appeal. The sponsoring organization shall offer an appeal to a day care home that appeals a notice of intent to terminate their agreement for cause, a suspension of their participation, or for any other matter where TDA determines a review is necessary to provide due process to a day care home and requires such an appeal in program policy.

(c) Procedures. The following procedures shall apply when a day care home requests an appeal of any action described in subsection (b) of this section.

  (1) Uniformity. The same procedures shall apply to all day care homes.

  (2) Representation. The day care home may retain legal counsel, or may be represented by another person.

  (3) Review of record and opposition. The day care home may review the record on which the decision was based and refute the action in writing.

  (4) Hearing. A hearing is not required.

  (5) Review official. The review official shall be independent and impartial. Although the review official may be an employee or board member of the sponsoring organization, 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.

  (6) Basis for decision. The review official shall make a determination based on the information provided by the sponsoring organization and the day care home and on federal and state laws, regulations, polices, and procedures governing the Program.

  (7) Time for issuing a decision. The review official shall inform the sponsoring organization and the day care home of the appeal's outcome within sixty (60) days of the receipt of the request for an appeal. This timeframe is an administrative requirement for the sponsoring organization and may not be used as a basis for overturning the termination if a decision is not made within the specified timeframe.

  (8) Final decision. The determination made by the review official is the final administrative determination to be afforded the day care home.


Source Note: The provisions of this §1.1004 adopted to be effective March 1, 2009, 34 TexReg 1227; amended to be effective December 5, 2013, 38 TexReg 8642

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