Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.5 - FAIR HEARINGS AND CONTESTED CASE PROCEEDINGS › Subchapter 37.5.1 - Applicable Hearing Procedures › Rule 37.5.124 - CHILD AND ADULT CARE FOOD PROGRAM (CACFP): APPLICABLE ADMINISTRATIVE REVIEW (APPEAL) PROCEDURES FOR DAY CARE HOMES

Current through Register Vol. 13, July 5, 2024
(1)
				Administrative reviews (appeals) are available to the extent granted in
				7 CFR
				226.6 (l). The provisions of ARM
				37.5.304,
				37.5.307,
				37.5.310,
				37.5.311,
				37.5.313,
				37.5.316,
				37.5.318,
				37.5.322,
				37.5.325,
				37.5.331,
				37.5.334,
				37.5.337 do not apply to such
				administrative reviews.
(2) An
				administrative review of an intent to terminate a day care home provider's
				agreement for cause or a suspension of their participation will be limited to a
				review of the written documentation provided to the Office of Fair Hearings,
				federal policies, 7 CFR 226, state laws and administrative rules, the
				requirements shown in the sponsor/provider agreement, and policies and
				procedures governing the Child and Adult Care Food program. This review will be
				performed by allowing the parties to submit written documentation to support
				their claim.
(3) A day care home
				provider must request an administrative review in writing. The written request
				must be received by the Office of Fair Hearings at the Department of Public
				Health and Human Services, Office of Fair Hearings, P.O. Box 202953, Helena, MT
				59620-2953 within 15 calendar days of receipt by the day care home provider of
				the notice of intent to terminate or notice of suspension. The written request
				for administrative review must include the date the notice of intent to
				terminate or notice of suspension was received by the day care home
				provider.
(4) The day care home
				provider may refute the findings contained in the notice of intent to terminate
				or notice of suspension by submitting written documentation to the
				administrative review officials at the Office of Fair Hearings. The sponsor and
				provider must submit copies of the documentation in written format to the
				Office of Fair Hearings.
(5) In
				order for documentation to be considered, the day care home provider must
				submit written documentation to the administrative review official at the
				Office of Fair Hearings no later than 30 calendar days after receipt by the day
				care home provider of the notice of intent to terminate or notice of
				suspension. The sponsoring organization must submit written documentation to
				the administrative review official at the Office of Fair Hearings no later than
				15 calendar days after the date the sponsor receives from the Office of Fair
				Hearings the acknowledgment of the hearing request referred to in
				(6)(a).
(6) When a request for an
				administrative review from a day care home provider is received by the Office
				of Fair Hearings, the Office of Fair Hearings will:
(a) acknowledge receipt by notifying the
				department, the sponsor and the day care home provider of the request for
				administrative review within five calendar days and include the final date for
				rendering a decision;
(b) consider
				only written documentation submitted by the sponsoring organization and the day
				care home (or their authorized representatives). Day care home providers and
				sponsors will not be contacted for additional information. The decision will be
				based entirely upon the written documentation provided to the Office of Fair
				Hearings within the time limits cited in (5), and on federal and state laws, 7
				CFR 226, rules, regulations, the requirements stated in the sponsor/provider
				agreement, and policies and procedures governing the program; and
(c) render a final decision within 60
				calendar days of receipt of the written request for an administrative review
				from the day care home provider. This time limit is a federal administrative
				requirement for the department and may not be used as a basis for overturning
				the department's action if a decision is not made within the specified time
				limit.