|(a) Actions subject to appeal. Only the following fiscal
actions are subject to an appeal.
(1) Notice of denial. Denial of all or a part of the
Claim for Reimbursement, which includes 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;
(2) Withholding of payment. The withholding of payment
based on the results of a comprehensive on-site evaluation or follow-up
(b) Procedures for requesting an appeal. The following
procedures shall apply when a school food authority requests an appeal
of any action subject to appeal described in subsection (a) of this
(1) Notice of denial. The school food authority shall
be given notice of the action being taken or proposed, the basis for
the action, and the procedures under which the school food authority
may request an appeal of the action.
(2) Request for appeal. The request for appeal shall
be submitted in writing and postmarked on or before 5:00 p.m. central
time not later than fifteen (15) days after the receipt, or deemed
receipt, of the notice of denial. The request for appeal shall also
clearly identify the action being appealed, and include a photocopy
of the notice of denial. TDA shall acknowledge the receipt of the
request for appeal within ten (10) days of its receipt of the request.
(3) Representation. The school food authority may be
represented by its designated official, retain legal counsel, or may
be represented by another person.
(4) Review of record. Any information on which TDA's
action was based shall be available to the school food authority for
inspection from the date of receipt of the request for an appeal.
(5) Opposition. The school food authority may refute
the findings contained in the notice of denial in person or by submitting
written documentation to TDA's docket clerk. In order to be considered,
written documentation shall be submitted to TDA's docket clerk not
later than thirty (30) days after receipt of the notice of denial.
(6) Hearing. A hearing shall be held by the ARO in
addition to, or in lieu of, a review of written information only if
the school food authority requests a hearing in the written request
for an appeal, unless the ARO determines that the failure to make
a timely request was due to circumstances beyond the control of the
appellant. The rules and procedures for a hearing for appeals under
this subchapter are found in §§1.1050 - 1.1053 of this title
(relating to Administrative Hearing Procedures for Conducting the
Appeals of the Food and Nutrition Programs).
(7) Basis for decision. The ARO shall make a determination
based on information provided by TDA and the appellant, and on Program
(8) Time for issuing a decision. Within sixty (60)
days of TDA's receipt of the request for an appeal, the ARO shall
inform TDA and the appellant of the determination of the ARO. 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.
(9) Final decision. The determination made by the ARO
is the final administrative determination to be afforded the school
food authority and shall take effect upon receipt of the written notice
of the final decision by the school food authority.
(10) Record of result of appeals. TDA shall maintain
searchable records of all appeals and their disposition for three
(3) years from the date of the final decision.
(c) Effect of State Agency Action. TDA's action shall
remain in effect during the appeal process.
(d) Computation of time. In computing any period of
time prescribed or allowed by this division, the day of the act, event,
or default after which the designated period of time begins to run
is not to be included. The last day of the period so computed is to
be included, unless it is a Saturday, Sunday or legal holiday, in
which event the period runs until the end of the next day which is
not a Saturday, Sunday or legal holiday.