Illinois State Board of Education - Nutrition Programs Summer Food Service Program - Appeal Procedures

Oct 10, 2026

Uploaded by Angel

Appeal Procedures for the Illinois State Board of Education Nutrition Programs Summer Food Service Program explain how sponsors may challenge specific adverse state agency decisions. It lists appealable actions, identifies exclusions for certain FNS decisions under 7 CFR 225.9(d)(6), and sets filing timelines for written requests and supporting documentation. It also describes review and hearing rights, notice methods, advance scheduling, representative participation, and the review official’s independence. The procedures state that the state action generally remains in effect during appeal, with limited exceptions and guidance on reimbursement.

LanguageEnglish

CategoryHealthcare

FormatPDF

Pages2

Reading Time5 min

AccessFree to download

Appeal Procedures

Appealable adverse decisions

Procedure and timelines

Hearing rights and review determination

Effect of the action during appeal

Mailing and fax submission information

Illinois State Board of Education — Nutrition Programs Summer Food Service Program Appeal Procedures Summer Food Service Program sponsors may appeal any of the following adverse decisions by the State Agency: 1. a denial of an application for participation; 2. a denial of a sponsor’s request for an advance payment; 3. a denial of a sponsor’s claim for reimbursement (except for late submissions under 7 CFR 225.9(d)(6)); 4. a State agency’s refusal to forward to FNS an exception request by the sponsor for payment of a late claim or a request for an upward adjustment to a claim; 5. a claim against the sponsor for remittance of a payment; 6. the termination of the sponsor or a site; 7. a denial of a sponsor’s application for a site; Appeals shall not be allowed on decisions made by FNS with respect to late claims or upward adjustments under 7 CFR 225 .9(d)(6) . Procedure: • The State agency shall notify the sponsor in writing of the grounds upon which the State agency based the action. The notice of action will state that the sponsor has the right to appeal the State’s action. The sponsor must make a formal written request for appeal. The notice is considered to be received by the sponsor or food service management company when it is delivered by certified mail, return receipt (or the equivalent private delivery service), by facsimile, or by email. If the notice is undeliverable, it is considered to be received by the sponsor or food service management company five days after being sent to the addressee’s last known mailing address, facsimile number, or email address • The written appeal request must be received by the State agency within 10 calendar days from the date the appellant received the notice of action by the State agency, and the State agency will acknowledge the receipt of the request for appeal within 10 calendar days. • The appellant shall be allowed the opportunity to review any information upon which the action was based; • The appellant shall be allowed to refute the charges contained in the notice of action either in person or by filing written documentation with the review official. To be considered, written documentation must be submitted by the appellant within 7 calendar days of submitting the appeal. The documentation must clearly identify the State agency action being appealed, and must include a photocopy of the notice of action issued by the State agency. • A hearing shall be held by the review official in addition to, or in lieu of, a review of written information submitted by the appellant only if the appellant so specifies in the letter appealing the action. The appellant may retain legal counsel or may be represented by another person. Failure of the appellant’s representative to appear at a scheduled hearing shall constitute the appellant’s waiver of the right to a personal appearance before the review official, unless the review official agrees to reschedule the hearing. A representative of the State agency shall be allowed to attend the hearing to respond to the appellant's testimony and written information and to answer questions from the review official; • If the appellant has requested a hearing, the appellant and the State agency shall be provided with at least 5 days advance written notice, sent by certified mail, return receipt requested, of the time, date and place of the hearing; • The hearing will be held within 14 days of the date of the receipt of the request for review but, where applicable, not before the appellant’s written documentation is received; • The review official shall be independent of the original decision-making process; • The review official shall make a determination based on information provided by the State agency and the appellant, and on Program regulations; • Within 5 working days after the appellant’s hearing, or within 5 working days after receipt of written documentation if no hearing is held, the reviewing official s

FAQs

Which adverse decisions can Summer Food Service Program sponsors appeal to the State Agency?

Sponsors may appeal denials of participation applications, denials of advance payment requests, denials of reimbursement claims (with limited exceptions), refusals to forward certain exception requests to FNS, remittance claims, termination of the sponsor or a site, and denials of site applications by the State Agency.

Are there decisions that cannot be appealed under these procedures?

Appeals are not allowed for decisions made by FNS regarding late claims or upward adjustments under 7 CFR 225.9(d)(6).

What happens to the State Agency’s action during the appeal process?

The State Agency’s action remains in effect during the appeal process. Participating sponsors and sites may continue to operate the Program during an appeal of termination, and if the decision is overturned, reimbursement is paid for meals served during the appeal, except where the action is based on imminent dangers to children’s health or welfare.

Oct 10, 2026

Uploaded by Angel