Actions subject to appeal. Pursuant to 7 CFR § 249.16, the following adverse actions are subject to appeal: (1) denial of certification of SFMNP benefits, unless certification is denied solely because of the lack of sufficient funding to provide SFMNP benefits to all eligible applicants; and (2) disqualification/suspension of SFMNP benefits. A CE may appeal an action of TDA disqualifying it from participating in the SFMNP. A farmer or farmers’ market may appeal a TDA action denying its application to participate, imposing a sanction, or disqualifying it from participating in the SFMNP.
Actions subject to appeal. Pursuant to 7 CFR § 248.16, the following adverse actions are subject to appeal: (1) a recipient’s disqualification or suspension of FMNP benefits;
Actions subject to appeal. The State WIC Agency will provide an administrative review for the following actions: • Denial of authorization if the basis of denial is a WIC vendor sanction or a Food Assistance (SNAP) withdrawal of authorization or the absence of a Food Assistance (SNAP) authorization, • Denial of authorization because a retail store submitted its application outside the timeframes during which applications are being accepted and processed, • Denial of authorization of termination of agreement for the application of peer group criteria determination, • Denial of authorization or termination of agreement for the application of above 50 percent criteria determination, • Termination of an agreement because of a change in ownership or location or cessation of business, • Imposition of a fine or a civil money penalty in lieu of disqualification, including disqualification based on a Food Assistance (SNAP) disqualification, • Termination of an agreement for cause, • Disqualification, • Denial based on vendor selection criteria for competitive price, minimum variety and quantity of authorized supplemental foods, business integrity, for a current Food Assistance (SNAP) disqualification, civil money penalty for hardship, or on a determination that the vendor is attempting to circumvent a sanction, • Disqualification based on trafficking conviction, • Disqualification or civil money penalty imposed in lieu of disqualification based on mandatory sanctions imposed by another WIC state agency, and • Denial of authorized based on the State Agency limiting criteria.
Actions subject to appeal. Pursuant to 7 CFR § 248.16, the following adverse actions are subject to appeal: (1) a participant’s disqualification or suspension of FMNP benefits; (2) an action of TDA which disqualifies a CE from participating in the FMNP; (3) any of the following actions affecting a farmer or farmers’ market: denial of an application to participate in the FMNP; imposition of a sanction for noncompliance; or disqualification from participation in the FMNP.
Actions subject to appeal. Pursuant to 7 CFR § 249.16, the following adverse actions are subject to appeal: (1) denial of certification of SFMNP benefits, unless certification is denied solely because of the lack of sufficient funding to provide SFMNP benefits to all eligible applicants; and (2) disqualification/suspension of SFMNP benefits. A CE may appeal an action of TDA disqualifying it from participating in the SFMNP. A farmer or farmers’ market may appeal a TDA action denying its application to participate, imposing a sanction, or disqualifying it from participating in the SFMNP. Parties capable of taking adverse action. TDA, each CE administering the Program, each sub-distributing agency, and each FMA have the administrative authority to take adverse action against their respective contracting parties operating the Program. In the event that any adverse action taken by any entity participating in the SFMNP in Texas is subject to appeal, TDA will control and conduct the subsequent hearing, as defined herein. Actions not subject to appeal. Pursuant to 7 CFR § 249.16, expiration of a contract or Agreement to participate in SFMNP is not subject to appeal. Notice of adverse action. Any entity taking an adverse action shall issue a written notice. Such notice shall: (1) state the cause for the action; (2) state the effective date of the action; (3) state whether the adverse action will be postponed until a decision in the appeal is made, if the adverse action is appealed; and (4) state the procedure for requesting a hearing. This written notification of the adverse action must be provided to the entity or participant not less than fifteen (15) calendar days in advance of the effective date of the action.
