The following actions proposed or taken by the department are
subject to appeal:
(1) Denial of an application for program participation;
(2) Proposed disqualification from program participation;
(3) Proposed termination of a school food authority,
institution, or sponsoring organization's program agreement with the
department;
(4) Denial of an application for a sponsored facility,
center, or site;
(5) Termination of a sponsored facility, center, or
site;
(6) Denial or disallowance of all or a part of a claim
for reimbursement (except for a denial based on a late submission);
(7) Recovery of all or a part of a claim for reimbursement
through direct assessment or offset of future claims for, but not
limited to, the following reasons: a claim that is not properly payable,
the disallowance of funds for failure to take corrective action to
comply with program requirements, or the disallowance of an overclaim;
(8) Demand for the remittance of an overpayment or
return of an improper or unearned payment of program funds;
(9) Withholding of payment of program funds;
(10) Suspension of program participation for health
or safety reasons;
(11) Proposed suspension of participation due to submission
of a false or fraudulent claim;
(12) Denial of an application for start-up or expansion
payments;
(13) Denial of a request for an advance payment of
program funds;
(14) Recovery of all or part of an advance payment
in excess of the claim for the applicable period, either through a
demand for full repayment or an adjustment of subsequent payments;
(15) Denial of a food service management company's
application for registration;
(16) Revocation of a food service management company's
registration;
(17) Decision of the department not to forward to FNS
an exception request for payment of a late claim, or a request for
an upward adjustment to a claim; and
(18) Any other action of the department affecting program
reimbursement or participation, including other actions that may be
subject to appeal pursuant to 7 CFR Parts 210, 215, 220, 225, and
226.
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