HomeMy WebLinkAboutExhibit 34
Bureau of Child Nutrition Programs
Child Care Food Program
CONTRACT 2005-2006
ATTACHMENT 2
SERIOUS DEFICIENCIES, CORRECTIVE ACTION PLANS,
PROPOSED ACTIONS SUBJECT TO ADMINISTRATIVE REVIEW
AND THE NATIONAL'DISOUALIFIED LIST
All contractors are required to abide by the requirements set. forth in Title 7 Code of Federal Regulations Part 226,
All notices of serious deficiency, notices of proposed termination and notices of proposed suspension shall be .
provided by the Department to the Contractor and its executive director, owner, and/or chairman of the board of
directors and responsible principals or responsible individuals, as applicable, by facsimile transmission, e-mail,
certified mail or equivalent delivery service.
If the Department determines that a contractor has failed to comply with a requirement of Title 7 Code of Federal
Regulations Part 226, which constitutes, a serious deficiency the Department shall issue a Notice of Serious
Deficiency that specifies the serious deficiency or deficiencies and. provides a date certain by which the Contractor
shall file a corrective action plan with the Department. If the corrective action plan is timely filed and.is acceptable to
the Department, the Department will conduct an unannounced fallow -up review of the Contractor. If the follow-up
review establishes that the serious deficiencies noted in the Notice of Serious Deficiency appear to'have been fully
and permanently corrected, the Department will rescind the Notice of Serious Deficiency. If the follow-up review
does not establish that the serious deficiencies have been fully andpermanently corrected the Department shall
issue a Notice of Proposed Termination and Disqualification of Responsible Principals and Responsible Individuals.
If the corrective action plan is not timely filed, or is not acceptable to the Department, the Department may grant
additional time to file or amend a corrective action plan or it may issue a Notice of Proposed Termination and
Disqualification of Responsible Principals and Responsible Individuals.
If a Notice of Serious Deficiency for the same or substantially the same serious deficiencies Is issued within three
calendar years of a rescinded Notice of Serious. Deficiency, the Department shall issue a Notice of Proposed
Termination and Disqualification of Responsible Principals and Responsible Individuals since, the second Notice of
Serious Deficiency establishes that the previous'serious deficiency was not fully and permanently corrected.
If the Department determines that a contractor has filed a false or fraudulent claim, or if the Department determines
that there, is an imminent threat to the health or safety of program participants, or that the. contractor poses a threat
• to public health or safety, it may issue a Notice of Proposed Suspension and shall provide noticeof the procedures
for suspension review. In any such event, the Department shall propose termination and disqualification and provide
notice of procedures for administrative review.
Administrative Review Rights --
The Contractor is not entitled to administrative review of a Notice of Serious Deficiency. The Contractor is
entitled to administrative review of other Department actions, as provided by Title 7 Code of Federal Regulations
Part 226, which affect the Contractor's participation or reimbursements in the Child Care Food Program, including
but not limited to proposed termination and disqualification. To obtain an administrative review, the Contractor
and/or responsible principals or responsible individuals must request. it in writing within 15 days of receipt of the
Department's notice. The written request must be received by the Department of Health Agency Clerk, Sam Power,
4052 Bald Cypress Way, Bin No. A-02,. Tallahassee, Florida 32399.1703; telephone number 850-245-4005,
facsimile number 850=410-144.8, within,the time permitted. If no written request is submitted or if the written request
is not received within 15 days of the .Department's. notice, then the Department's proposed action against the
Contractor, responsible principals and responsible individuals shall no longer be subject to administrative review
and the .proposed action will become effective, The Agency Clerk will acknowledge receipt of the request for
administrative review within 10 days and; if the request was timely filed, will appoint an administrative review official.
If the' request for administrative review was not timely filed, the Department shall notify the Contractor, responsible
principals and responsible individuals that review Is no longer authorized and that the Department's proposed action
has now taken effect,
If a timely written request is submitted, the Contractor, responsible principals and responsible individuals must
submit documentation in oppositionto the proposed. Department action no later than 30 days after receipt of the
Department's notice to the administrative review official. The Department may submit documentation in support of
FY 91)05-9111R
its action within 15 days of the Contractor's request for administrative review. The administrative review official will
consider the Department's proposed actions based upon written submissions by the Department and the Contractor.
Child Care Food Program Contract
Attachment 2, Page 2
A hearing will be held in addition to, or in lieu of, a review of written information only if the Contractor or a responsible
principal or individual requests such a hearing in the initial written request for administrative review. The
administrative review official may consider any evidence that he or she determines Is credible, trustworthy and would'
reasonably be relied upon by a prudent person in the conduct of his or her normal daily activities. Either party may
be represented by counsel. If a hearing is requested, the parties may call witnesses to testify and may cross
examine witnesses. Witnesses may testify by telephone and may be sworn over the telephone and- may be
permitted to testify in narrative form. The administrative review official will issue a decision within 60 days of the
Department's receipt of a timely filed written request for administrative review.
The administrative review. official's determination is the final administrative determination to be afforded to the
institution. and responsible principals and individuals.
National Disqualified List
If a contractor, responsible principals and responsible individuals do not timely request administrative review or if
administrative review upholds the Department's proposed action for disqualification from the Child Care Food
Program, the Contractor and/or responsible principals and responsible individuals will be placed on the National
Disqualified List with the United States Department of Agriculture and will be prohibited from participating in the Child
Care Food Program for a period not to exceed seven years.
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FY 2005-2006