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TITLE 4AGRICULTURE
PART 1TEXAS DEPARTMENT OF AGRICULTURE
CHAPTER 1GENERAL PROCEDURES
SUBCHAPTER PAPPEAL PROCEDURES FOR THE FOOD AND NUTRITION PROGRAMS
DIVISION 4APPEAL PROCEDURES FOR THE SCHOOL BREAKFAST PROGRAM (SBP)
RULE §1.1030Definitions

In addition to the definitions set out in 7 Code of Federal Regulation (CFR) Parts 210 and 220, 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 §210.18(q). 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 subchapter. 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 school food authority shall be permitted to contact the ARO directly if they so desire.

  (2) Appeal--The fair review or hearing provided upon request to a school food authority requesting a review of a denial of all or a part of a Claim for Reimbursement or withholding payment arising from administrative or follow-up review activity conducted by TDA under 7 CFR §210.18.

  (3) Appellant--A school food authority that requests an appeal.

  (4) CFR--The Code of Federal Regulations.

  (5) Day--A calendar day, including Saturday and Sunday.

  (6) Fiscal action--The recovery of overpayment through direct assessment or offset of future claims, disallowance of overclaims as reflected in unpaid Claims for Reimbursement, submission of a revised Claim for Reimbursement, and correction of records to ensure that unfiled Claims for Reimbursement are corrected when filed. Fiscal action also includes disallowance and withholding of funds for failure to take corrective action

  (7) FNS--The Food and Nutrition Service of the U.S. Department of Agriculture.

  (8) Notice of denial--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 the denial of all or a part of a school food authority's Claim for Reimbursement or withholding its payment arising from administrative or follow-up review activity. The notice shall specify the action being proposed or taken and the basis for the action, and is considered to be received by the school food authority when it is delivered, sent by facsimile, or sent by email. 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 school food authority five (5) days after being sent to the school food authority's last known mailing address.

  (9) Program--The School Breakfast Program (SBP), authorized by the Child Nutrition Act of 1966, as amended.

  (10) School food authority--The governing body which is responsible for the administration of one or more schools; and has the legal authority to operate the Program therein.

  (11) TDA--The Texas Department of Agriculture.


Source Note: The provisions of this §1.1030 adopted to be effective March 1, 2009, 34 TexReg 1228; amended to be effective December 5, 2013, 38 TexReg 8642

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