Appeal Process for Child Nutrition Programs

An agency operating under one or more Child Nutrition Programs (CNP), may appeal certain actions taken by the California Department of Education (CDE) against the agency. This web page outlines the procedure for agencies that wish to appeal actions taken by the CDE. When taking action against an agency, the CDE will provide the agency with a written notice of action that explains the agency's right to appeal and refers the agency to the procedures on this web page. The most common appealable action for the CNPs is the assessment of an overpayment resulting from administrative review (AR) or audit findings; however, regulations for each CNP identify certain actions that agencies have the right to appeal. For further information, please review the appealable actions by program using the links below.

School Nutrition Programs | Summer Food Service Program

If your agency has received a written notice of action from the CDE that states that your agency may appeal the action(s) being taken, follow these procedures to request an appeal:

• Send a completed Appeal Request Form (PDF) by email only (mailed or faxed submissions are not accepted) to: CNPappeals@cde.ca.gov.

Written Request for an Appeal

• School Nutrition Programs (SNP): The agency's written request for an appeal must be postmarked no later than 15 calendar days after receipt of the notice of action. The CDE will acknowledge the receipt of the appeal request within 10 calendar days.
  
  
• Summer Food Service Program (SFSP): The agency's written request for an appeal must be postmarked no later than 10 days after receipt of the notice of action. The CDE will acknowledge receipt of the appeal request within 5 calendar days.
  
  
• If appealing AR findings, the agency may appeal the accuracy of the findings that generate the fiscal action, but cannot appeal the dollar amount contained in the notice of action for reasons of hardship to the agency.
  
  
• There are three types of hearings: written review, written review with oral argument or oral hearing. An agency may select one of the three types. If the agency does not select a hearing type, a written review will be provided. The three types of hearings are described as follows:
  
  
  • Written Review: If the agency requests a written review, the hearing officer will analyze the written documentation provided by the agency and by the CDE to render a decision.
    
    
  • Written Review with Oral Argument: If an agency requests a written review with oral argument, the hearing officer will analyze and render a decision based upon the written statements and documentation provided by the agency and the CDE. The agency is permitted to come to Sacramento to appear before the hearing officer to explain its case. During the oral argument portion of the proceeding, the agency and the CDE clarify relevant issues presented in their written statements and documents. Because of the informality of this process, the oral arguments are not considered testimony. The arguments are recorded and the hearing officer may ask questions of either party.
    
    
  • Oral Hearing: If an agency requests an oral hearing, the hearing officer will render a decision based upon information submitted into evidence and witness testimony. When this option is specified on the appeal request, the Office of Administrative Hearings (OAH) will schedule a hearing. The agency will be formally notified by the OAH of the oral hearing, date, time, and place at least 10 days prior to the scheduled appointment. All oral hearings are held in Sacramento.
    
    

Submitting Written Documentation

• SNP: Written documentation for all types of hearings must be submitted within 30 calendar days from the date the agency received the notice of action.
  
  
• SFSP: Written documentation for all types of hearings must be submitted within 14 calendar days from the date the agency received the notice of action.
  
  
• The written documentation must be sent to the OAH and the Nutrition Services Division as follows:
  
  
  • Office of Administrative Hearings: The OAH requires all documents to be submitted electronically using their Secure e-File system: OAH Secure e-File
    
    
  • Nutrition Services Division: Send by email to CNPappeals@cde.ca.gov

Notice of Hearing Date

If a hearing has been requested, the OAH electronically provides the agency and the CDE with advance written notice of the time, date, and place of the hearing.

• SNP: The OAH provides the agency and the CDE with at least 10 calendar days advance written notice.
  
  
• SFSP: The OAH provides the agency and the CDE with at least five calendar days advance written notice.
  
  
• The agency may retain legal counsel or may be represented by another person. Failure of the agency’s representative to appear at a scheduled hearing shall constitute the agency’s waiver of the right to a personal appearance before the OAH, unless the OAH agrees to reschedule the hearing or issue a continuance.
  
  
• Any information on which the CDE’s proposed action is based is available to the agency for inspection from the date of receipt of the request for review.
  
  
• If a written review with oral argument or an oral hearing is chosen, a representative of the CDE is allowed to attend the hearing to respond to the agency's testimony and to answer questions posed by the OAH.
  
  
• The hearing officer is an independent and impartial officer, other than and not accountable to, any person authorized to make decisions that are subject to appeal under the provisions of the applicable CNPs (SNP, or SFSP).
  
  
• The hearing officer has the authority to select another hearing type if she/he determines the issues cannot be fully discussed or clarified under the hearing type originally selected.

Notification of OAH Determination

The OAH makes a determination based on information provided by the CDE, the agency, and program regulations. The determination by the OAH is the final administrative determination available to the agency.

• SNP: The agency will be notified of the determination within 60 calendar days from the date the CDE received the request for a hearing.
  
  
• SFSP: The agency will be notified of the determination within five working days from the date of the hearing.
  
  
• The CDE's action remains in effect during the appeal process.
  
  
• For more information regarding the hearing process, please contact the OAH by phone at 916-263-0550.