Nebraska Administrative Code
Topic - HEALTH AND HUMAN SERVICES SYSTEM
Title 181 - SPECIAL HEALTH PROGRAMS
Chapter 3 - ADMINISTRATIVE APPEAL PROCEDURES FOR APPLICANTS, FOOD VENDORS AND LOCAL AGENCIES PARTICIPATING IN SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS AND CHILDREN (WIC PROGRAM) AND THE COMMODITY SUPPLEMENTAL NUTRITION PROGRAM (CSFP) IN THE STATE OF NEBRASKA
Section 181-3-004 - NOTIFICATION OF ADVERSE ACTION

Universal Citation: 181 NE Admin Rules and Regs ch 3 § 004

Current through September 17, 2024

Notification of Adverse Action shall include the following information:

004.01 WRITTEN NOTICE - INITIAL APPLICATION DENIAL. Whenever an application to be a vendor or local agency is denied, the Department shall provide the applicant with a written notice of the denial or adverse action that meets the requirements of 7 CFR 246.18 as of the effective date of this chapter.

004.02 WRITTEN NOTICE - ADVERSE ACTION. Whenever adverse action is taken against a participating vendor or local agency, the Department shall provide the vendor or local agency with a written notice of the adverse action that meets the requirements of 7 CFR 246.18 as of the effective date of this chapter.

004.03 ADVERSE ACTION - FINALITY. The decision to take adverse action is final according to the following.

004.03A INITIAL APPLICATION DENIED. The decision to deny an initial application by an applicant to participate in the Program is effective for a vendor on the date of receipt of the notice. A denial of a local agency application is effective immediately. An applicant may request a hearing on the denial within 15 days of the date of the notice.

004.03B PARTICIPATING VENDOR OR AGENCY. The decision to take adverse action against a participating vendor shall become final 15 days after the date of the notice and the decision to take adverse action against a local agency shall become final sixty (60 day) days after the date of the notice unless the vendor or local agency, within the applicable period, files a request for hearing with the Department.

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