Handout F - Notice of Termination and Disqualification Following Failure to Appeal (Sample Letter)

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

Click Here to Download Handout F

Date

Provider Name
Street Address
City, State 00000

Dear [Provider]:

This letter concerns our [date of Notice of Proposed Termination & Proposed Disqualification] letter (Notice of Proposed Termination & Proposed Disqualification), which proposed to terminate your agreement to participate in the Child and Adult Care Food Program (CACFP) for cause. In that letter, we also proposed to disqualify you from further CACFP participation. These actions were based on the determination in our [date of Serious Deficiency Notice] letter (Serious Deficiency Notice) that you are seriously deficiency in your operation of the CACFP.

You received the Notice of Proposed Termination & Proposed Disqualification on [date received]. You had until [insert deadline for requesting appeal] to submit any requests for appeals 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 and disqualifying you from future CACFP participation effective [date].

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.

These actions are being taken pursuant to section 226.16(l) of the CACFP regulations (7 CFR 226.16(l)). You may not appeal the termination of its agreement for cause or the disqualification.

You may, however, continue to participate in the CACFP until [termination/disqualification effective date]. We will pay any valid claims for reimbursement submitted by you for this period. You must submit the claims by the normal deadline.

Sincerely,

Sponsor Employee Name & Title

cc: CACFP Homes Unit, NYSDOH