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Appeal Procedures for School Food Authorities

The SA has adopted a fair hearing procedure by which an LEA can appeal a decision made by the USOE to deny all or a part of claim or to withhold payment due to findings of a CRE review or followup review.

Before initiating the appeal procedure, the State Agency (SA), the LEA's supervisor/director, or other authorized officials may request a conference to provide an opportunity to discuss the situation, present information, obtain an explanation of relevant data, and clarify the decision rendered. Such a conference will not in any way prejudice nor diminish the right to a fair hearing.

The following procedures will apply if an appeal is pursued:

  • The LEA will be advised in writing of the grounds on which the SA has based its action. The notice of action will be sent by certified mail, return receipt requested, and will also include a full description of the LEA's rights and responsibilities.
  • The written request for review must be filed not later than 15 calendar days from the date the appellant receives the notice of action, and the SA will acknowledge the receipt of the request for appeal within 10 calendar days.
  • The appellant may refute the charges contained in the notice of action. In order to be considered, written documentation must be filed with the review official not later than 30 calendar days after the appellant receives the notice of action.
  • The appellant may retain legal counsel or be represented by another person. A hearing will be held by the review official in addition to, or in lieu of, a review of the written information submitted only if the appellant requests one in the letter. Failure of the appellant or a representative to appear at a scheduled hearing will constitute waiver of the right to a personal appearance before the review official unless the official agrees to reschedule the hearing.
  • If a hearing has been requested, the appellant will be provided with at least 10 calendar days' advance written notice, sent by certified mail, return receipt requested, of the time and place of the hearing.
  • Any information on which the SA's action was based will be available to the appellant for inspection from the date of receipt of the request for review.
  • The review official must be independent and impartial and not accountable to any person authorized to make decisions subject to appeal under these provisions.
  • The review official will make a determination based on information provided by the SA, the appellant, and program regulations. The review official will inform the SA and the appellant of the determination within 60 calendar days of the SA's receipt of the review request.
  • The SA's action will remain in effect during the appeal procedure.
  • The decision by the state review official is the final administrative determination afforded to the appellant.