Handout E - Notice of Proposed Termination and Disqualification (Sample Letter)

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

Click Here to Download Handout E

Date

Provider Name
Street Address
City, State 00000

Dear [Provider]:

This letter concerns the notification of serious deficiency outlined in our [date of Serious Deficiency Notice] letter regarding your operation of the Child and Adult Care Food Program (CACFP).

We reviewed the documentation you sent us detailing the actions you have taken to correct these serious deficiencies. [Insert if applicable: "We also conducted a follow-up visit on [date] to verify the adequacy of the corrective actions."]

Based on our review of the documentation [insert if applicable: "and the follow-up review"], we have determined that you did not fully and permanently corrected the serious deficiencies that were cited in the Serious Deficiency Notice. The following paragraphs detail each serious deficiency and its status based upon the review of the corrective action documentation.

  • List each serious deficiency, the regulatory citation, and describe the reasons why the corrective actions were inadequate.

You have not fully and permanently corrected the serious deficiencies identified in the Serious Deficiency Notice. As a result, we are proposing to terminate your agreement to participate in the CACFP for cause and disqualifying you from future participation effective [date].

If you choose to 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 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 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.

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 on [date]. If you do not appeal your proposed disqualification, you will be disqualified from future CACFP participation effective [date] and placed on the National Disqualified List.

You may continue to participate in the CACFP until [termination/disqualification effective date] or, if you appeal the proposed actions, until the hearing official issues a decision on the appeal. We will pay any valid claims for reimbursement submitted by you for this period. However, you must submit the claims by the normal deadline.

Sincerely,

Sponsor Employee Name & Title

Enclosure

Appeal Procedures

cc: CACFP Homes Unit, NYSDOH