Child and Adult Care Food Program Appeal Procedure

A provider who participates in the Child and Adult Care Food Program (CACFP) under the sponsorship of Child Care & Nutrition, Inc. (CCNI) may appeal actions taken by Child Care & Nutrition, Inc. (CCNI) in accordance with this procedure. CACFP appeal procedures are authorized at 7 CFR 226.6(l). The following types of Sponsoring Organization actions are appealable:

• Proposed termination for cause of CACFP agreement between provider and Child Care & Nutrition, Inc.
• Suspension of providers participation in CACFP

To appeal a Child Care & Nutrition, Inc. (CCNI) action:

• Submit your written request for an appeal to: Sherri Looft, Associate Director, PO Box 138, Ivanhoe, MN Your request for an appeal must be submitted no later than 15 days after you receive this notice. Your appeal request must include all of the required information listed in (2) Appeal Request and Deadline under Appeal Procedure-Rights and Responsibilities below.
• Child Care & Nutrition, Inc. (CCNI) strongly recommends that an appeal request and any other written documentation be sent in a manner that provides proof of delivery, such as certified mail – return receipt requested.
• Within 10 days of receipt of your appeal request, Child Care & Nutrition, Inc. (CCNI) will notify you by certified mail – return receipt requested, or other delivery method, which could include faxing or email response, that your request has been received.

Appeal Procedure – Rights and Responsibilities

1. Notice of Action When an action is taken or proposed that is subject to appeal according to CACFP regulations, Child Care & Nutrition, Inc. (CCNI) provides notice of the action to the Provider. The notice describes the action being taken or proposed, the basis for the action, and includes this CACFP Appeal Procedure.
2. Appeal Request and Deadline To appeal the Child Care & Nutrition Inc.’s (CCNI’s) action, the Provider must submit an appeal request in writing to Sherri Looft, Associate Director, PO Box 138, Ivanhoe, MN  56142 not later than 15 days after the date the notice of action is received. The Sponsoring Organization will acknowledge the receipt of an appeal request by certified mail – return receipt requested, or faxed or emailed (when possible) within 10 days of Sponsoring Organization’s receipt of the request.

An appeal request must include:

• Provider’s name, mailing address, date of birth, provider number, and current phone number
• Identification of Child Care & Nutrition, Inc. (CCNI) action(s) that are being appealed.
• The appeal request must be signed and dated.

1. Representation Provider may represent her/himself, or retain legal counsel, or be represented by another person.
2. Review of Record Information on which Child Care & Nutrition, Inc.’s (CCNI’s) action was based must be available to Provider from the date of receipt of provider’s appeal request.
3. Opposition Provider may refute the findings contained in the notice of action by submitting written documentation to the Appeal Official. In order to be considered, written documentation must be submitted not later than 15 days after receipt of the notice of action.
4. Appeal Official The Appeal Official must not have been involved in the action that is being appealed and not have a direct personal or financial interest in the outcome of the appeal. Provider may directly contact the Appeal Official.  Upon request, Child Care & Nutrition, Inc. (CCNI) will provide name and contact information for the Appeal Official.
5. Basis for Decision The Appeal Official will make a determination based solely on the information provided by Provider, information provided by Child Care & Nutrition, Inc. (CCNI), Federal and State laws, regulations, policies, and procedures governing the Program.
6. Time for Issuing Decision Within 60 days of the Appeal Official’s receipt of the appeal request, the Appeal Official will inform Provider of the appeal outcome(s) by certified mail – return receipt requested, or by fax or email, if feasible. This timeframe is an administrative requirement for Child Care & Nutrition, Inc. (CCNI) and may not be used as a basis for overturning Child Care & Nutrition, Inc.’s (CCNI’s) action if a decision is not made within the specified timeframe.

The 60 day time limit will not be adhered to when CACFP Participation is suspended due to imminent threat to the health or safety of the children in care. In such cases the Appeal Official will make their decision only after DHS has posted its ruling on the provider’s license status.

1. Final Decision The determination made by the Appeal Official is the final administrative determination to be afforded to the Provider.
2. Record Child Care & Nutrition, Inc. (CCNI) maintains searchable records of appeals and results, subject to Child and Adult Care Food Program requirements and the Minnesota Government Data Practices Act.

Non-Discrimination Statement

In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, gender identity (including gender expression), sexual orientation, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs). Remedies and complaint filing deadlines vary by program or incident.

Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audiotape, American Sign Language, etc.) should contact the responsible Agency or USDA’s TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339. Additionally, program information may be made available in languages other than English.

To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD-3027, found online at How to File a Program Discrimination Complaint and at any USDA office or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866) 632-9992. Submit your completed form or letter to USDA by: (1) mail: U.S. Department of Agriculture, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue, SW, Washington, D.C. 20250-9410; (2) fax: (202) 690-7442; or (3) email: program.intake@usda.gov.

USDA is an equal opportunity provider, employer, and lender.