Texas Administrative Code
Title 4 - AGRICULTURE
Part 1 - TEXAS DEPARTMENT OF AGRICULTURE
Chapter 26 - FOOD AND NUTRITION DIVISION
Subchapter E - APPEAL PROCEDURES FOR FOOD AND NUTRITION PROGRAMS
Section 26.203 - Appeal Procedures

Universal Citation: 4 TX Admin Code § 26.203

Current through Reg. 50, No. 13; March 28, 2025

(a) Who may file. A person, or authorized representative, who has received a notice of action may file an appeal of an action described in § 26.202 of this subchapter (relating to Appealable Actions).

(b) Methods of filing. An appeal may be filed by any of the following methods:

(1) Certified, registered, or standard mail;

(2) Email;

(3) Facsimile;

(4) Courier service; or

(5) Hand delivery.

(c) Time for filing. An appeal must be filed within the following filing deadlines.

(1) FND Programs except the Summer Food Service Program (SFSP) and suspension reviews relating to false or fraudulent claims.
(A) Certified, registered, or standard mail: An appeal must be mailed to the department's docket clerk at the address provided in the notice of action and postmarked within fifteen (15) calendar days of the date of receipt, or deemed receipt, of the notice of action.

(B) Email or facsimile: An appeal must be received by the department's docket clerk at the email address or facsimile number provided in the notice of action before 5:00 p.m. Central Time within fifteen (15) calendar days of the date of receipt, or deemed receipt, of the notice of action.

(C) Courier service or hand delivery: An appeal must be received by the department at its headquarters in Austin, Texas, before 5:00 p.m. Central Time within fifteen (15) calendar days of the date of receipt, or deemed receipt, of the notice of action.

(2) SFSP and suspension reviews relating to false or fraudulent claims. The rules for filing an appeal specified in paragraph (1) of this subsection apply to SFSP appeals and suspension reviews relating to false or fraudulent claims, except the time for filing an appeal is within ten (10) calendar days from the date of receipt, or deemed receipt, of the notice of action.

(d) Form of appeal. An appeal must:

(1) be in writing;

(2) state the basis for the appeal and specify the action(s) being appealed;

(3) include a legible copy of the notice of action; and

(4) clearly state which type of appeal the appellant is seeking:
(A) a review of written documentation submitted to the ARO; or

(B) a hearing before the ARO, which is informal and will be held at the department's headquarters in Austin, Texas. Failure to specifically request a hearing in the appeal letter shall constitute the appellant's waiver of the right to a hearing before the ARO. The ARO shall deny a request for a hearing submitted after the appeal letter has been received by the department's docket clerk, unless good cause is shown for failure to make a timely request.

(C) The option for a hearing is not available in certain matters and is limited by § 26.206 of this subchapter (relating to Abbreviated Appeals) and § 26.207 of this subchapter (relating to Suspension Reviews).

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