Chapter 01. Programs for Food and Nutrition

National School Lunch Program, 42 U.S.C. §§1751—1760, 1769a, and 1779, and 7 CFR Part 210;

Special Milk Program, 42 U.S.C. §§1772 and 1779, and 7 CFR Part 215;

School Breakfast Program, 42 U.S.C. §§1773 and 1779, and 7 CFR Part 220;

Summer Food Service Program, 42 U.S.C. §§1758, 1761, and 1762a, and 7 CFR Part 225;

Child and Adult Care Food Program, 42 U.S.C. §§1758, 1759a, 1762a, 1765, 1766, and 1766a, and 7 CFR Part 226;

Nutrition Education and Training Program, 42 U.S.C. §1788, and 7 CFR Part 227;

State Administrative Expense Funds, 42 U.S.C. §§1776 and 1779, and 7 CFR Part 235;

Cash in Lieu of Donated Foods, 42 U.S.C. §§1751, 1755, 1762a, 1765, 1766, and 1779, and 7 CFR Part 240;

Determining Eligibility for Free and Reduced Price Meals and Free Milk in Schools, 42 U.S.C. §§1751—1752, 1758, 1759a, 1760, 1772—1773, and 1779, and 7 CFR Part 245; and

Food Distribution Program, 42 U.S.C. §§1751, 1755, 1758, 1760—1762a, and 1766, and 7 CFR Part 250.

This chapter applies to the administration of the National School Lunch Program, the School Breakfast Program, the Special Milk Program, the Summer Food Service Program, the Child and Adult Care Food Program, Nutrition Education and Training Program, State Administrative Expense Funds, Cash in Lieu of Donated Foods, Determining Eligibility for Free and Reduced Price Meals and Free Milk in Schools, and the Food Distribution Program pursuant to the federal programs standards set forth in this regulation and pursuant to the terms and conditions set forth in the agreements between the State Department of Education and the local educational agencies, and institutions, commercial food processors, and other contractors.

Local educational agencies and institutions participating in the federal programs set forth in this regulation shall maintain a financial management system as authorized by the federal regulations and prescribed by the Department in compliance with the Financial Reporting Manual for Maryland Public Schools Revised 2009, which is incorporated by reference at COMAR 13A.02.01.02C.

“Administrative hearing” means the fair hearing provided upon request to:

“Appellant” means a local educational agency, institution, or responsible principal or individual.

“Department” means the State Department of Education, the State agency designated to administer food and nutrition programs.

“Director” means the Director of the Office of School and Community Nutrition Programs within the State Department of Education.

“Institution” means an agency that is participating in or applying to participate in a program.

"Local educational agency” has the meaning stated in 7 CFR §210.2.

“National Disqualification List” means the list maintained by the U.S. Department of Agriculture of institutions, responsible principals and responsible individuals, and day care homes disqualified from participation in the Child and Adult Care Food Program authorized by Section 17 of the National School Lunch Act, as amended, in accordance with 7 CFR §226.2.

“Program” means the National School Lunch Program, Special Milk Program, School Breakfast Program, Summer Food Service Program, or Child and Adult Care Food Program.

For all programs:

For all programs except the Summer Food Service Program:

For all programs except the Child and Adult Care Food Program, program participation termination for an institution or site.

U.S. Department of Agriculture decision on claim deadline exceptions and requests for upward adjustments to a claim;

Determination of serious deficiency;

Disqualification and placement on the national disqualified list; and

Termination of participation in a Program.

The institution or local educational agency shall be advised in writing of the grounds on which the Department based its action affecting the institution's participation in a program, reimbursement, or other actions noted in §A of this regulation. The notice of action shall be sent by certified mail with return receipt requested, email, and standard mail.

A notice is considered received by the institution or responsible principal or responsible individual when it is delivered, sent by facsimile, or sent by email.

If the notice is undeliverable, it is considered to be received by the institution, responsible principal, or responsible individual 5 days after being sent to the addressee’s last known mailing address, facsimile number, or email address.

Except for the Summer Food Service Program, the institution or local educational agency may request an administrative hearing by filing a written request for a hearing with the Director of the Department not later than 15 calendar days after the date the notice of action is received. The request for a hearing shall clearly identify the action appealed and contain a brief statement of the reasons for requesting a hearing.

The Department's action shall remain in effect during the hearing process.

Participating institutions or local educational agencies may continue to operate under the Program during the hearing process of a proposed termination unless the action is based on imminent dangers to the health or welfare of participants or for submission of a false or fraudulent claim.

If the institution or local educational agency has been terminated based on imminent dangers to the health or welfare of participants, the Department shall so specify in its notice of action.

Institutions or local educational agencies electing to continue operating while the proposed termination is under review shall be reimbursed for valid claims submitted during the period of review in accordance with 7 CFR Parts 210—299.

The Director shall delegate a request for a review hearing to the Office of Administrative Hearings in accordance with State Government Article, §10-205, Annotated Code of Maryland.

The review hearing shall be conducted by an administrative law judge in accordance with COMAR 28.02.01.

The institution or local educational agency shall be provided with at least 10 calendar days advance written notice, sent by certified mail, return receipt requested, of the time and place of the hearing.

An institution may retain counsel or may be represented by an individual designated through a properly executed power of attorney form. Individuals may represent themselves or retain counsel.

Except as provided in §F(6) for the Summer Food Service Program, the administrative law judge’s findings of fact, conclusions of law, and final decision affirming, reversing, or modifying the Department’s action shall be based solely on the information provided by the Department, the local educational agency, the institution, and the responsible principals and responsible individuals, and based on federal and State laws, regulations, policies and procedures governing the Program and shall be submitted to the Director and to the institution or local educational agency within 60 days of the Department’s receipt of the request for a hearing, unless:

Exception — Summer Food Service Program — Appeal of Department Action.

Exception — Child and Adult Care Food Program — Abbreviated Administrative Review. If the institution or local educational agency appeals the Department’s action as described in §F(6) of this regulation and a hearing is requested, the Department shall limit the administrative hearing to a review of written submissions concerning the accuracy of the Department’s determination if the application was denied or the Department proposes to terminate the institution’s agreement because:

Exception — National School Lunch and School Breakfast Programs — Appeal of Department Action. An institution or local education agency may refute the action specified in the notice in person and by written documentation to the administrative law judge. The action may be refuted as follows: