Handout E - Notice of Termination and Disqualification After Sponsor Wins Appeal (Sample letter)

Send this letter by certified mail/return receipt, an equivalent private delivery.

Click Here to Download Handout E

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 filed a timely appeal of the suspension, proposed termination and proposed disqualification. On [date of hearing official's decision], the hearing official issued a decision on all of the appeals. In that decision, the hearing official upheld the suspension and both of our proposed actions.

As a result of this decision, we are terminating your agreement to participate in the CACFP for cause and disqualifying you from future CACFP participation effective on the date of this letter.

If you voluntarily terminate your agreement after receiving this letter, we will propose to disqualify you from future CACFP participation. Upon disqualification, 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 the hearing official's decision is final.

Sincerely,


Sponsor Employee Name & Title

cc: CACFP Homes Unit, NYS DOH