Handout C, CACFP
Combined Serious Deficiency, Suspension, Proposed Termination and Disqualification Notice (sample letter)
Send this letter by certified mail/return receipt, an equivalent private delivery.
Click Here to Download Handout C
Date
Provider Name
Street Address
City, State 00000
Dear [Provider]:
This letter concerns the immediate suspension and notification of serious deficiencies in the operation of the Child and Adult Care Food Program (CACFP) in your day care home. Based upon our findings from [brief description of the basis for the serious deficiency determination - review, audit, etc. and date] we have determined that the following serious deficiencies are present:
[Refer to list in Handout B]
One of the serious deficiencies we identified is the imminent threat to the health or safety of CACFP participants or the public. Because of this imminent risk, we are suspending your CACFP participation, including all Program payments. The suspension of CACFP participation (including all Program payments) will take effect on the date of this letter. This action is being taken pursuant to section 226.16(l)(4) of the CACFP regulations (7 CFR 226.16(l)(4)).
We are also proposing to terminate your agreement to participate in the CACFP for cause and disqualifying you from future CACFP participation effective [date].
[The effective date for the termination/disqualification must be after the deadline for requesting an appeal.]
If you voluntarily terminate your agreement after receiving this letter, we will propose to disqualify you from future CACFP participation. If disqualified, you will be placed on the National Disqualified List. While on the list, you will not be able to participate in the CACFP as a day care home provider. In addition, you will not be able to serve as a principal in any CACFP sponsor or child care facility. You will remain on the list until such time as the State agency determines that the serious deficiencies have been corrected, or until 7 years after your disqualification. However, if any debt relating to the serious deficiencies has not been repaid, you will remain on the list until the debt has been repaid in full.
You may appeal the suspension, the proposed termination of your agreement for cause and your proposed disqualification. A copy of the appeal procedures is enclosed. If you decide to appeal the suspension or the proposed actions, make sure you follow the appeal procedures exactly because the failure to do so could result in the denial of your request for an appeal.
The suspension will remain in effect during the period of any appeal. However, if you request an appeal and the hearing official overturns the suspension, we will pay any valid claims for reimbursement submitted by you for the period of the suspension, as long as they are submitted on time. As always, we will deny any portion of a claim we determine is invalid. If we deny payment of any portion of a claim, that action would be appealable.
If you appeal the proposed termination and the proposed disqualification, the proposed actions will not take effect until the hearing official issues a decision on the appeals. If you do not make a timely request for an appeal, your agreement will be terminated for cause and you will be disqualified on [date].
Sincerely,
Sponsor Employee Name & Title
Enclosure
Appeal Procedures
cc: CACFP Homes Unit, NYSDOH
