SECTION 26.202. Appealable Actions

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.

Source Note: The provisions of this §26.202 adopted to be effective November 27, 2022, 47 TexReg 7660