Handout D
Notice of Termination and Disqualification Following Failure to Appeal (sample letter)
Send this letter by certified mail/return receipt, an equivalent private delivery.
Click Here to Download Handout D
Date
Provider Name
Street Address
City, State 00000
Dear [Provider]:
This letter concerns our [date of Combo Notice] letter, which suspended your participation in the Child and Adult Care Food Program (CACFP). In that letter, we also proposed to terminate your CACFP agreement for cause and disqualify you from further CACFP participation. These actions were based on the determination that you are seriously deficient in your operation of the CACFP.
You received our [date of Combo Notice] letter on [date received]. You had until [insert deadline for requesting appeal] to submit any request for an appeal of the proposed actions. No request for an appeal was submitted by that deadline.
Because the time to request an appeal has now expired, we are terminating your agreement to participate in the CACFP for cause effective on the date of this letter, and disqualifying you from future CACFP participation effective on the date of this letter.
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 not appeal the termination of your agreement for cause or your disqualification because you have already missed the deadline for filing an appeal.
Sincerely,
Sponsor Employee Name & Title
cc: CACFP Homes Unit, NYSDOH
