If [institution] does not fully and permanently correct all of the serious deficiencies and submit documentation of the corrective action by [due date], the State agency will: Propose to terminate [institution’s] agreement to participate in the CACFP, Propose to disqualify [institution] from future CACFP participation, and Propose to disqualify [Director] and [Board Chair and any other RP/Is] from future CACFP participation. In addition, if [institution] voluntarily terminates its agreement after receiving this letter, the State agency will propose to disqualify [institution], [Director], and [Board Chair and any other RP/Is] from future CACFP participation. If disqualified, [institution], [Director], and [Board Chair and any other RP/Is] will be placed on the National Disqualified List (NDL). While on the list, [institution] will not be able to participate in the CACFP as an institution or facility. [Director] and [Board Chair and any other RP/Is] will not be able to serve as a principal in any institution or facility or as a day care home provider in the CACFP. Institutions and individuals remain on the NDL until USDA’s Food and Nutrition Service, in consultation with the [State agency], determines that the serious deficiencies have been corrected, or until seven years after their disqualification. However, if any debt relating to the serious deficiencies has not been repaid, they will remain on the list until the debt has been repaid. These actions are being taken pursuant to 7 CFR 226.6(c)(5)(ii)(D). Sincerely, State Agency Employee Name & Title cc: FNS Regional Office [If there are additional people identified as RP/Is, they must also be noted as “cc’s” and sent their copy of the letter in accordance with the requirements in 7 CFR 226.2 (definition of “notice”).] Prototype Letter 14: Notice of Withdrawal of Proposed Suspension for Institutions - False or Fraudulent claims after institution prevails in suspension review [Note: Send this letter by certified mail/return receipt, an equivalent private delivery service (such as FedEx), fax, or e-mail as required by 7 CFR 226.2, definition of “notice” in the regulations.]
this letter is required. The documentation must be received (not just postmarked) by [corrective action deadline]. Different deadlines for different serious deficiencies may be established. If we do not receive the documentation of your corrective action by [date], or if we determine that the actions taken do not fully and permanently correct all of the serious deficiencies, we will propose to terminate your CACFP agreement for cause and disqualify you. You may not appeal the serious deficiency determination. However, if we propose to terminate your agreement for cause and disqualify you, you will be able to appeal those actions and you will be advised the appeal procedures at that time. You may continue to participate in the CACFP during the corrective action period. We will pay any valid claims for reimbursement submitted by you for this period. You must submit the claims by the normal deadline. If we receive the documentation of your corrective action by the due date and determine that it fully and permanently corrects all of the serious deficiencies, we will temporarily defer the serious deficiency determination. We may conduct an unannounced follow-up review to verify the adequacy of the corrective action. If we find in the follow-up review, or any subsequent review, that the serious deficiency(ies) has/have not been fully and permanently corrected, we will immediately propose to terminate your agreement for cause and disqualify you without any further opportunity for corrective action. Sincerely, Sponsoring Organization Employee Name and Title cc: State Agency Prototype Letter 16: Notice of Successful Corrective Action and Temporary Deferment of Serious Deficiency for Providers [Note: Send this letter by certified mail/return receipt, an equivalent private delivery service (such as FedEx), fax, or e-mail as required by 7 CFR 226.2, definition of “notice” in the regulations.] Date Provider Name Provider Street Address Provider City, State 00000 Dear [Provider]: