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Appeal Process: Child and Adult Care Food Program


What actions can Child and Adult Care Food Program (CACFP) Operators appeal?

Title 7, Code of Federal Regulations (7 CFR), Section 226.6(k)(2), specifies the actions that CACFP Operators may appeal. This web page provides examples as well as the regulatory language that defines each appealable action.

If your agency receives a written notice of action from the California Department of Education (CDE) that states that your agency may appeal the action(s) being taken, follow the procedures on the CDE Appeal Process for Child Nutrition Programs web page to request an appeal.

Application Denial

The CDE's denial of a new or renewing institution's application to participate in the CACFP.

Reasons include: Agency is not financially viable, proposed responsible principal is on the National Disqualified List (NDL).

7 CFR, Section 226.6(k)(2)(i): "Application denial. Denial of a new or renewing institution's application for participation (see paragraph (b) of this section, on State agency review of an institution's application; and paragraphs (c)(1) and (c)(2) of this section, on State agency denial of a new or renewing institution's application)."

Application Denial of a Sponsored Site

The CDE's denial of an application submitted by a sponsoring organization on behalf of a facility.

Reasons include: Agency is not financially viable; the agency has serious, repeat findings; sponsor is seriously deficient; the agency is not eligible using area eligibility metric.

7 CFR, Section 226.6(k)(2)(ii): "Denial of sponsored facility application. Denial of an application submitted by a sponsoring organization on behalf of a facility."

Proposed Termination

The CDE's proposal to terminate an institution's CACFP agreement.

Reasons include: Agency is seriously deficient, serious health and safety violations, acceptable corrective action documentation (CAD) was not submitted, Child Nutrition Information and Payment System (CNIPS) application packet not approved, training requirements not met.

7 CFR, Section 226.6(k)(2)(iii): "Notice of proposed termination. Proposed termination of an institution's agreement (see paragraphs [c][2][iii][C], [c][3][iii][C], and [c][5][i][B] of this section, dealing with proposed termination of agreements with renewing institutions, participating institutions, and participating institutions suspended for health or safety violations)."

Proposed Disqualification of a Responsible Principal or Responsible Individual

The CDE's proposal to disqualify a responsible principal or responsible individual in a new, renewing, or participating CACFP institution.

Reasons include: Individual is on the NDL, CAD has not been approved in a timely manner, institution suspended for health or safety violations.

7 CFR, Section 226.6(k)(2)(iv): "Notice of proposed disqualification of a responsible principal or responsible individual. Proposed disqualification of a responsible principal or responsible individual (see paragraphs [c][1][iii][C], [c][2][iii][C], [c][3][iii][C], and [c][5][i][B] of this section, dealing with proposed disqualification of responsible principals or responsible individuals in new, renewing, and participating institutions, and participating institutions suspended for health or safety violations)."

Suspension

The CDE's decision to suspend an institution's participation in the CACFP.

Reasons: Serious health and safety violations, submission of a false or fraudulent claim.

7 CFR, Section 226.6(k)(2)(v): "Suspension of participation. Suspension of an institution's participation (see paragraphs [c][5][i][B] and [c][5][ii][D] of this section, dealing with suspension for health or safety reasons or submission of a false or fraudulent claim)."

Denial of Expansion Funds

The CDE's denial of an institution's application for expansion payments. The CDE does not offer start-up funds.

Reasons: Please refer to Management Bulletin CACFP-03-2018.

7 CFR, Section 226.6(k)(2)(vi): “Start-up or expansion funds denial. Denial of an institution's application for start-up or expansion payments (see §226.7[h])."

Claim Denial

The CDE's denial of all or part of an institution's claim for reimbursement (not on the basis of late claim submission).

Reasons include: Site is not approved, site was erroneously approved and should never have had the ability to claim, CACFP eligibility is not 25 percent free or reduced-price.

7 CFR, Section 226.6(k)(2)(ix): "Claim denial. Denial of all or a part of an institution's claim for reimbursement (except for a denial based on a late submission under §226.10[e]) (see §§226.10[f] and 226.14[a])."

Claim Deadline Exceptions and Requests for Upward Claim Adjustments

The CDE's decision not to forward to the U.S. Department of Agriculture Food and Nutrition Service an institution's exception request for payment of a late claim, or a request for an upward adjustment of a claim.

Reasons include: Operating issues are deemed preventable and not outside of the agency's control.

7 CFR, Section 226.6(k)(2)(x): "Claim deadline exceptions and requests for upward adjustments to a claim. Decision by the State agency not to forward to FNS an exception request by an institution for payment of a late claim, or a request for an upward adjustment to a claim (see §226.10[e])."

Overpayment Demand

The CDE's demand for remittance of an overpayment.

Reasons include: Agency is no longer participating or submitting claims in the CACFP program, overpayment too large to offset from monthly claims.

7 CFR, Section 226.6(k)(2)(xi): "Overpayment demand. Demand for the remittance of an overpayment (see §226.14[a])."

Questions:   John Ingram-Stone | jingramstone@cde.ca.gov | 916-324-0885
Last Reviewed: Monday, January 13, 2020
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