Handout F, Removing Serious Deficiency, Suspension, Proposed Termination and Disqualification After Provider Wins Appeal (Sample Letter).

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

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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 proposed to 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 overturned the suspension and both of our proposed actions.

As a result, we have removed our serious deficiency determination as of [date of hearing official's decision]. We are also removing the suspension, the proposed termination of your agreement for cause and your disqualification as of the same date.

We will pay any valid claims for reimbursement submitted by you for the period of the suspension. You must submit these claims by [insert a date that will give the provider an appropriate length of time to submit these claims].

Sincerely,


Sponsor Employee Name & Title

cc: CACFP Homes Unit, NYSDOH