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
(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
(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.