Iowa Admin. Code r. 441-66.2

Current through Register Vol. 47, No. 11, December 11, 2024

Rule 441-66.2 - Application to be a TEFAP contractor or subcontractor

An organization that seeks to be a TEFAP contractor shall submit a written request to the Iowa Department of Human Services, Division of Financial, Food, and Work Supports, Food Distribution Program Manager, 1305 East Walnut Street, Des Moines, Iowa 50319-0114. The written request shall contain sufficient information about the applicant to enable the department to determine whether the applicant qualifies to be an eligible recipient agency as defined at 441-66.1 (234). An organization that seeks to be a TEFAP subcontractor shall submit a written request to the food bank contracted with the department to administer TEFAP in the organization's service area. The written request shall contain sufficient information about the applicant to enable the food bank to determine whether the applicant qualifies to be an eligible recipient agency as defined at 441-66.1 (234).

(1)Determination of eligibility. Within ten days of receipt of an applicant's written request to be a TEFAP contractor, the program manager shall notify the applicant in writing that the department has received the applicant's request. The department shall approve an applicant's request to be a TEFAP contractor only when the following are true:

a. The applicant qualifies to be an eligible recipient agency as defined at 441-66.1(234).

b. Priority is given to current food banks that service contiguous counties and food banks that are a Feeding America partner.

c. A contract with the applicant, in addition to those eligible recipient agencies currently under contract with the department, will allow the department to distribute commodities in Iowa to needy individuals or households in the most cost-effective and comprehensive manner possible.

(2)Administrative review of denial of eligibility.

a. When an applicant's request to be a TEFAP contractor is denied by the program manager, the applicant may request an administrative review by sending a letter requesting review of the denial to the administrator of the division of financial, food, and work supports. The applicant shall send the letter within five days of receipt of the letter of denial.

(1) When more information is needed, the administrator shall request the information within five days of receipt of the request for review.

(2) The administrator shall review the denial and shall issue a decision within ten days of the request for review or of the receipt of additional information, whichever is later.

(3) When the division administrator reverses the denial, the applicant shall be given the opportunity to negotiate a TEFAP contract.

b. When an applicant's request to be a TEFAP subcontractor is denied by the food bank, the applicant may request an administrative review by sending a letter requesting review of the denial to the food distribution program manager. The applicant shall send the letter within five days of receipt of the letter of denial.

(1) When more information is needed, the program manager shall request the information within five days of receipt of the request for review.

(2) The program manager shall review the denial and shall issue a decision within ten days of the request for review or of the receipt of additional information, whichever is later.

(3) When the program manager reverses the denial, the applicant shall be given the opportunity to negotiate a TEFAP subcontract with the applicable food bank.

Iowa Admin. Code r. 441-66.2

Amended by IAB October 5, 2022/Volume XLV, Number 7, effective 12/1/2022