South Carolina Code of Regulations
Chapter 114 - DEPARTMENT OF SOCIAL SERVICES
Article 1 - FAIR HEARINGS
Section 114-190 - Food Services
Universal Citation: SC Code Regs 114-190
Current through Register Vol. 48, No. 3, March 22, 2024
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.
Disclaimer: These regulations may not be the most recent version. South Carolina may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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