Chapter 18. Farmers' Market Nutrition Program — Appeal Procedure
Regulation .01 Purpose.LinkCopy Citation
A.
This chapter sets forth the appeal procedure for the Senior Farmers’ Market Nutrition Program (SFMNP) and the WIC Farmers’ Market Nutrition Program (WIC FMNP). The SFMNP and the WIC FMNP are segments of the Farmers’ Market Nutrition Program (FMNP). The Maryland Department of Agriculture administers SFMNP in the State. The Maryland Department of Health assists the Department in administering the WIC FMNP in the State. The FMNP, a federal-State partnership with USDA, is designed to:
(1)
Provide FMNP recipients with access to locally grown fruits, vegetables, honey, and herbs; and
(2)
Increase the domestic consumption of agricultural commodities through farmers’ markets, roadside stands, and community supported agricultural programs.
B.
This chapter, as required under 7 CFR §248.16 for the WIC FMNP and 7 CFR §249.16 for the SFMNP, establishes a procedure for the following persons to appeal certain adverse actions of the Maryland Department of Agriculture in its administration of the FMNP:
(1)
SFMNP applicants and recipients;
(2)
Local agencies assisting in implementing the SFMNP; and
(3)
Farmers participating in the SFMNP and the WIC FMNP and who have applied to participate in these programs.
C.
The Maryland Department of Health has adopted a procedure for the following persons to appeal certain adverse actions it takes in administering its portion of the WIC FMNP:
(1)
WIC FMNP recipients; and
(2)
Local agencies assisting in distribution of the WIC FMNP.
Regulation .02 Definitions.LinkCopy Citation
A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Department” means the Maryland Department of Agriculture.
(2)
“Farmers’ Market Nutrition Program” or “FMNP” means the Senior FMNP and the WIC FMNP.
(3)
“Local agency” means a nonprofit entity or local government agency that certifies eligible SFMNP recipients, issues SFMNP coupons, or provides nutrition education or information on operational aspects of the SFMNP to SFMNP recipients.
(4)
“Secretary” means the Secretary of the Maryland Department of Agriculture.
(5)
“Senior Farmers’ Market Nutrition Program” or “SFMNP” means the Federal-State partnership between USDA and the Department in which USDA provides federal funds to the Department to administer a program designed to:
(a)
Provide SFMNP recipients access to locally grown fruits, vegetables, honey, and herbs; and
(b)
Increase the domestic consumption of agricultural commodities through farmers’ markets, roadside stands, and community supported agricultural programs.
(6)
“SFMNP recipient” means an individual, as defined under 7 CFR §249.6, as amended, who is eligible to receive benefits under the SFMNP.
(7)
“USDA” means the United States Department of Agriculture, Food and Nutrition Service.
(8)
“WIC FMNP” means a Federal-State partnership that USDA has with the Department in which USDA provides federal funds to the Department to administer a program designed to:
(a)
Provide WIC FMNP recipients access to locally grown fruits, vegetables, and herbs; and
(b)
Increase the domestic consumption of agricultural commodities through farmers’ markets, roadside stands, and community supported agricultural programs.
(9)
“WIC FMNP recipient” means a pregnant woman, breastfeeding woman, postpartum woman, infant, or child who is receiving benefits under the Program, and the breastfed infant of a breastfeeding woman participant under the WIC Program authorized under §17 of the Child Nutrition Act of 1966, as amended.
Regulation .03 Appealing Adverse Actions to the Secretary.LinkCopy Citation
A.
SFMNP applicants. An SFMNP applicant may appeal the denial of certification of SFMNP benefits unless the denial is solely because of the lack of sufficient funding to provide SFMNP benefits to all eligible applicants. While awaiting the hearing, the SFMNP applicant may not receive SFMNP benefits.
B.
SFMNP Participants.
(1)
An SFMNP recipient may appeal the disqualification or suspension of SFMNP benefits.
(2)
Excepting an SFMNP recipient whose certification period has already expired or who become otherwise ineligible for SFMNP benefits, an SFMNP recipient who appeals the termination of benefits within the period of time provided under Regulation .05 of this chapter shall continue to receive SFMNP benefits until the Secretary reaches a decision or the certification period expires, whichever occurs first.
(3)
An SFMNP recipient who becomes ineligible during a certification, or whose certification period expires, may appeal the termination. While awaiting the hearing, the SFMNP recipient may not receive new benefits.
C.
A local agency may appeal an action disqualifying it from participating in the SFMNP.
D.
A farmer may appeal an action:
(1)
Denying that person’s application to participate in the WIC FMNP or SFMNP;
(2)
Imposing a sanction under the WIC FMNP or SFMNP; or
(3)
Disqualifying that person from participating in the WIC FMNP or SFMNP.
Regulation .04 Matters Not Subject to Appeal.LinkCopy Citation
A farmer or local agency may not appeal the expiration of a contract or agreement with the Department in connection with the WIC FMNP or SFMNP under this chapter.
Regulation .05 Time Limit for Requesting a Hearing.LinkCopy Citation
A.
Except a farmer participating in the WIC FMNP, a person who is the subject of an adverse action listed in Regulation .03 of this chapter (for example, the SFMNP applicant or recipient, a local agency, or a farmer participating in the SFMNP) shall file a written request for a hearing with the Department within 30 days from the date that the Department mails or otherwise issues the notice of the action.
B.
A farmer participating in the WIC FMNP shall file a written request for a hearing with the Maryland Department of Health within 10 days from the date that the Department mails or otherwise issues the notice of action.
C.
The Department shall consider a request for a hearing filed on the earlier of the dates it is:
(1)
Received by the Department, such as by delivery by the person; or
(2)
Postmarked by the United States Postal Service.
Regulation .06 Postponement Pending Decision.LinkCopy Citation
If the Department finds that an adverse action that affects a local agency or farmer may unduly inconvenience SFMNP or WIC FMNP recipients, the Department may postpone the action until a decision in the appeal is rendered.
Regulation .07 Procedure.LinkCopy Citation
If the Department takes one of the adverse actions listed in Regulation .03 of this chapter, it shall provide the person affected (for example, the SFMNP applicant or recipient, a local agency, or a farmer) with the following:
A.
15 calendar days in advance of the effective date of the adverse action, written notification of the adverse action, the cause for the action, and the effective date of the action, including the Department’s determination of whether the action shall be postponed under Regulation .06 of this chapter if it is appealed, and the opportunity for a hearing;
B.
The opportunity to appeal the Department’s action within the time limits set forth in Regulation .05 of this chapter;
C.
10 business days advance notice of the time and place of the hearing to provide all parties involved sufficient time to prepare for the hearing;
D.
The opportunity to present the person’s case and at least one opportunity to reschedule the hearing date upon specific request;
E.
The opportunity to confront and cross-examine adverse witnesses;
F.
The opportunity to be represented by counsel or, in the case of an SFMNP recipient, by a representative designated by the recipient, if desired;
G.
The opportunity to review the case record before the hearing; and
H.
Written notification of the decision in the appeal, within 60 days from the date of receipt of the request for a hearing by the Department.
Regulation .08 Department’s Decision.LinkCopy Citation
The Department’s action shall rest solely on the evidence presented at the hearing and the statutory and regulatory provisions governing such hearings. The basis for the Department’s decision shall be stated in writing.
Regulation .09 Continuing Responsibilities.LinkCopy Citation
When a farmer or local agency appeals an adverse action and is permitted to continue in the FMNP while the appeal is pending, the farmer or local agency continues to be responsible for compliance with all FMNP regulations and the terms of the written agreement or contract with the Department.
Regulation .10 Judicial Review.LinkCopy Citation
An SFMNP applicant or recipient, a local agency, or a farmer affected by an adverse decision of the Secretary may file a petition for judicial review in the appropriate circuit court as required by the Maryland Rules of Procedure.
Regulation .11 Mediation.LinkCopy Citation
If a person affected by an adverse action of the Department has filed an appeal with the Secretary, the person may request that the appeal process be paused for 60 days to attempt to resolve the matter through the Department’s Mediation Program. If the matter is not resolved through mediation by the end of the 60-day period, the appeal process shall resume.
Chapter annotations
Authority: Agriculture Article, §2-103, Annotated Code of Maryland
History: Effective date:
History: Regulations .01—.11 adopted as an emergency provision effective September 10, 2021 (48:19 Md. R. 799); emergency provision expired effective March 8, 2022
History: Regulations .01—.11 adopted effective April 4, 2022 (49:7 Md. R. 469)
History: Regulation .01 amended effective January 22, 2024 (51:1 Md. R. 16)
History: Regulation .02B amended effective January 22, 2024 (51:1 Md. R. 16)
History: Regulation .03B amended effective January 22, 2024 (51:1 Md. R. 16)
History: Regulation .05 amended effective January 22, 2024 (51:1 Md. R. 16)
History: Regulation .07A, B, C amended effective January 22, 2024 (51:1 Md. R. 16)
History: Regulation .09 amended effective January 22, 2024 (51:1 Md. R. 16)