S.C. Code Regs. § § 114-190

Current through Register Vol. 48, No. 10, October 25, 2024

Section 114-190 - Food Services

A. Summer Food Service Program

(1) Adverse Action

An applicant or participant in the Summer Food Service Program may appeal the following:

(a) a denial of an application for participation;

(b) a denial of a sponsor's request for an advance payment;

(c) a denial of a sponsor's claim for reimbursement, except for late submissions;

(d) the Department's refusal to forward to Food and Consumer Service, USDA, an exception request by the sponsor for payment of a late claim or a request for an upward adjustment to a claim;

(e) a claim against a sponsor for remittance of a payment;

(f) termination of the sponsor or a site;

(g) a denial of a sponsor's application for a site;

(h) a denial of a food service management company's application for registration;

(i) the revocation of a food service management company's registration.

(2) Notice

(a) The sponsor or food service management company shall be advised in writing of the grounds upon which the Department based the adverse action.

(b) The notice, which shall be sent by certified mail, return receipt requested, shall also state that the sponsor or food service management company has the right to appeal the Department's action and shall state that such appeal must be made within the specified time.

(3) Request for Review/Hearings

(a) All requests to review an adverse action must be made in writing within fourteen (14) days of receipt of the notification of such action.

(b) The petitioner shall be given an opportunity to refute the charges contained in the notice of action either in person or by filing written documentation with the hearing officer. Written documentation must be submitted by the petitioner within seven (7) days of submitting the request for review, must clearly identify the state action being appealed, and must include a photocopy of the notice of action issued by the Department.

(c) A hearing shall be held in addition to, or in lieu of, a review of written information submitted by the petitioner only if the petitioner specifically requests a hearing in the written request for review. The decision shall be made by a three-member committee consisting of a hearing officer and two members appointed by the State Director of the Department of Social Services or his or her designee.

(d) If the petitioner requests a hearing in accordance with these regulations, the petitioner and the Department shall be provided with at least five (5) days advance written notice, sent certified mail, return receipt requested, of the time and place of the hearing.

(e) The hearing shall be held within fourteen (14) days of the date of the receipt of the request for review, but where applicable not before the petitioner's written documentation is received in accordance with paragraphs (3) (b) and (c) of this section.

(f) The petitioner shall be given an opportunity to review any information upon which the adverse action was based.

(4) Decision

Within five (5) working days after the hearing, or within five (5) working days after receipt of written documentation if no hearing is held, the hearing committee shall make a determination based on a full review of the administrative record and inform the petitioner of the decision of the review and the basis for such decision, by certified mail, return receipt requested.

(5) The Department's action shall remain in effect during the review process. However, participating sponsors and sites may continue to operate the Program during a review of a termination, and if the review results in overturning the Department's decision, reimbursement shall be paid for meals petitioner served during the review process. However, such continued Program operation shall not be allowed if the Department's action is based upon imminent danger to the health or safety of children.

B. Child and Adult Food Service Program

(1) Adverse Action

An institution or sponsoring organization participating in the Child and Adult Food Service Program may appeal the following:

(a) a denial of the institution's application for participation;

(b) a denial of an application submitted by a sponsoring organization on behalf of a facility;

(c) a termination of the participation of an institution or facility;

(d) a suspension of an institution's agreement;

(e) a denial of an institution's application for start-up payments;

(f) a denial of an advance payment;

(g) a denial of all or a part of the claim for reimbursement, except for a late submission;

(h) a denial by the Department to forward to Food and Consumer Service an exception request by the institution or sponsoring organization for payment of a late claim or a request for an upward adjustment to a claim;

(i) a demand for the remittance of an overpayment.

(2) Notice

(a) The institution shall be advised in writing of the grounds on which the Department based its adverse action.

(b) The notice, which shall be sent certified mail, return receipt requested, shall also include a statement indicating that the institution has the right to appeal the action no later than fifteen (15) calendar days from the date of receipt of said notice.

(3) Request for Review/Hearing

(a) The petitioner must file a written request for review with the OAH or the petitioner's food service worker no later than fifteen (15) days from the date the petitioner received the notice of adverse action, and the Department shall acknowledge the receipt within ten (10) days.

(b) The petitioner may refute the charges contained in the notice of adverse action in person and by written documentation to the review official. In order to be considered, written documentation must be filed with the review official not later than thirty (30) days after the petitioner received the notice of adverse action.

(c) A hearing shall be held by the review official in addition to, or in lieu of, a review of written information submitted by the petitioner only if the petitioner so specifies in the written request for review.

(d) If a hearing is requested by the petitioner, the petitioner and the Department shall be provided with at least ten (10) days advance written notice, sent certified mail, return receipt requested, of the time and place of the hearing.

(e) Any information upon which the adverse action was based shall be available to the petitioner for inspection from the date of receipt of the request for review.

(4) Decision

Within 120 days of the Department's receipt of the request for review, the review official shall inform the Department and the petitioner of the review official's decision.

(5) The Department's action shall remain in effect during the review process. However, participating institutions and facilities may continue to operate under the Program during a review of termination, unless the Department's action is based on imminent danger to the health or safety of participants. If the institution or facility has been terminated for this reason, the Department shall so specify in its notice of action. Institutions electing to continue operating while appealing a termination shall not be reimbursed for any meals served during the period of the appeal if the Department's action is upheld.

S.C. Code Regs. § 114-190

Added by State Register Volume 24, Issue No. 7, eff July 28, 2000.