37.75.601 ADMINISTRATIVE REVIEWS (APPEALS) AND FAIR HEARINGS
(1) Except as provided in (3), an institution may appeal an adverse administrative action through the department's Office of Fair Hearings pursuant to the procedures provided in ARM Title 37, chapter 5. Adverse administrative actions include:
(a) denial of the institution's application for participation;
(b) denial of an application submitted by a sponsor of centers on behalf of a facility;
(c) termination or suspension of an institution from participation in CACFP;
(d) denial of an institution's application for start up funds;
(e) denial of an institution's application for advance payment;
(f) denial of all or part of an institution's claim for reimbursement, provided the claim was submitted in a timely manner;
(g) denial by the state agency to forward to Food and Nutrition Services (FNS) of the USDA an exception request by the institution for payment of a late claim or a request for an upward adjustment to a claim; or
(h) demand for the remittance of an overpayment against an institution.
(2) An institution must file a written request for an administrative review (appeal) within 15 calendar days of receiving notification of an adverse administrative action by providing the written request to the Department of Public Health and Human Services, Quality Assurance Division, Office of Fair Hearings, 2401 Colonial Drive, P.O. Box 202953, Helena MT 59620-2953.
(3) A day care home may only participate in the CACFP through a sponsor. A participating day care home may appeal through the department's Office of Fair Hearings when there is a determination to terminate the home's participation in the CACFP. All other adverse administrative actions taken against a day care home must be reviewed through the sponsor's internal review process.
(4) Decisions made by FNS pertaining to requests for exceptions to the claims submission deadlines are not subject to appeal through the state's administrative review (appeal) process.
History: 52-2-704, MCA; IMP, 52-2-702, 52-2-704, MCA; NEW, 2003 MAR p. 981, Eff. 5/9/03; AMD, 2006 MAR p. 331, Eff. 2/10/06.