Policy Memo 155

DOH-CACFP: Number 155 (09/11), Supersedes Number 106 (07/05)

TO: All CACFP Sponsoring Organizations

FROM: Lynne Oudekerk, State Director, Child and Adult Care Food Program

SUBJECT: Appealing an Adverse Action by CACFP - Denial of an Application

I. Purpose and Scope

Sponsoring Organizations whose application to participate in the Child and Adult Care Food Program (CACFP) is denied are entitled to appeal CACFP's decision by requesting an independent administrative review of that decision. The purpose of this memo is to describe the steps to appeal the denial of a Sponsor's application to participate in CACFP. This memo updates and supersedes Policy Memo DOH-CACFP 106 (07/05).

II. Appealable Actions

CACFP will notify the Sponsor, including the executive director and President of the Board of Directors or the owner of the organization, if their application to participate in CACFP has been denied. A Sponsor or named individual who disagrees with the denial decision may appeal that action by submitting a written request to the CACFP State Director with a copy sent to the Department of Health (DOH) Bureau of Adjudication.

III. Procedure for Filing an Appeal

  1. When CACFP denies a Sponsor's application, the organization and responsible parties will be notified in writing.
  2. If the Sponsor chooses to appeal the action, they must file a written request with CACFP. That letter must be received by CACFP within 15 calendar days after the Sponsor receives the original notice of action from CACFP.
  3. The appeal request must include the following:
    1. The name and address of the Sponsor.
    2. The reason(s) the Sponsor disagrees with the action.
    3. The name, title and signature of an individual legally authorized to represent the Sponsor.
    4. This letter must be sent to:

      State Director, CACFP
      Riverview Center
      150 Broadway, 6th Floor West - Room 650
      Albany, NY 12204-2719

    5. CACFP will acknowledge the receipt of an applicant's request for an appeal within 10 days of receipt of the appeal letter. This confirmation will be in writing.
    6. The DOH Bureau of Adjudication will assign an independent and impartial review official to the case.
    7. The Sponsor has the right to submit documents concerning the accuracy of CACFP's determination to deny the application. These documents must be received by CACFP with a copy to DOH Bureau of Adjudication within 30 calendar days of the date the Sponsor received the original notice of action from CACFP. The address for the DOH Bureau of Adjudication is as follows:

      Director, Bureau of Adjudication
      NYS Department of Health
      Hedley Place Park - 5th Floor
      433 River Street - Suite 303
      Troy, NY 12180

    8. Any information on which CACFP's action was based will be available to the Sponsor for inspection from the date that CACFP receives their request for an appeal.
    9. A review official will make a determination based solely on the information provided by CACFP, the applicant Sponsor, and responsible principals of the Sponsor, within 60 days of the receipt of the appeal. The decision will be based on Federal and state laws, regulation, policies and procedures governing CACFP.
    10. The determination will be communicated, in writing, to the Sponsor, named individuals, and CACFP.
    11. The determination of the review official is the final administrative determination available to the Sponsor and all named parties.
    12. CACFP's action will remain in effect during the administrative review. Claims for reimbursement will not be paid without an approved application or a signed agreement between a Sponsor and CACFP.

IV. General Information

If you have any questions about the Sponsor's right to appeal the denial of your application to participate in CACFP, please refer to 7 CFR 226.6 or contact CACFP at 1-800-942-3858 or 518-402-7400 or cacfp@health.state.ny.us.