Administrative appeal of State agency decisions.

CFR · 2024-01-01 · US · Title 7

(a) (b) (1) In a case where an adverse action affects a local agency or farmer/farmers' market, a postponement is appropriate where the State agency finds that recipients would be unduly inconvenienced by the adverse action. In addition, the State agency may determine other relevant criteria to be considered in deciding whether or not to postpone an adverse action. (2) In a case where a recipient appeals the termination of benefits, that recipient shall continue to receive FMNP benefits until the hearing official reaches a decision or the expiration of the current FMNP season, whichever occurs first. Applicants who are denied benefits may appeal the denial, but shall not receive benefits while awaiting the decision. (c) (1) Written notification of the adverse action, the cause(s) for the action, and the effective date of the action, including the State agency's determination of whether the action shall be postponed under paragraph (b) of this section if it is appealed, and the opportunity for a hearing. Such notification shall be provided within a reasonable timeframe established by the State agency and in advance of the effective date of the action. (2) The opportunity to appeal the action within the time specified by the State agency in its notification of adverse action. (3) Adequate advance notice of the time and place of the hearing to provide all parties involved sufficient time to prepare for the hearing. (4) The opportunity to present its case and at least one opportu

official document · source cfr-2024 · id 7:§ 248.16