7 CFR 225.11 - Corrective action procedures.
(b)Investigations. Each State agencyshall promptly investigate complaints received or irregularities noted in connection with the operation of the Program, and shall take appropriate action to correct any irregularities. The State agencyshall maintain on file all evidence relating to such investigations and actions. The State agencyshall inform the appropriate FNSRO of any suspected fraud or criminal abuse in the Program which would result in a loss or misuse of Federal funds. The Department may make investigations at the request of the State agency, or where the Department determines investigations are appropriate.
(c)Denial of applications and termination of sponsors. Except as specified below, the State agencyshall not enter into an agreement with any applicantsponsor identifiable through its corporate organization, officers, employees, or otherwise, as an institution which participated in any Federal child nutrition program and was seriously deficient in its operation of any such program. The State agencyshall terminate the Program agreement with any sponsor which it determines to be seriously deficient. However, the State agencyshall afford a sponsor reasonable opportunity to correct problems before terminating the sponsor for being seriously deficient. The State agency may approve the application of a sponsor which has been disapproved or terminated in prior years in accordance with this paragraph if the sponsor demonstrates to the satisfaction of the State agency that the sponsor has taken appropriate corrective actions to prevent recurrence of the deficiencies. Serious deficiencies which are grounds for disapproval of applications and for termination include, but are not limited to, any of the following:
(2) The submission of false information to the State agency;
(3) Failure to return to the State agency any start-up or advance payments which exceeded the amount earned for serving meals in accordance with this part, or failure to submit all claims for reimbursement in any prior year, provided that failure to return any advance payments for months for which claims for reimbursement are under dispute from any prior year shall not be grounds for disapproval in accordance with this paragraph; and
(ii) Failure to maintain adequate records;
(iv) The simultaneous service of more than one meal to any child;
(vii) Excessive instances of off-site meal consumption;
(viii) Continued use of food service management companies that are in violation of health codes.
(1) Any food servicesite which is determined to be in violation of the time restrictions for meal service set forth at § 225.16(c) when corrective action is not taken within a reasonable time as determined by the State agency; and
(1) If the State agency determines that a sponsor has failed to plan, prepare, or ordermeals with the objective of providing only one meal per child at each meal service at a site, the State agencyshall disallow the number of children's meals prepared or ordered in excess of the number of children served.
(f)Corrective action and termination of sites.
(1) Whenever the State agency observes violations during the course of a site review, it shall require the sponsor to take corrective action. If the State agency finds a high level of meal service violations, the State agencyshall require a specific immediate corrective action plan to be followed by the sponsor and shall either conduct a follow-up visit or in some other manner verify that the specified corrective action has been taken.
(2) The State agencyshall terminate the participation of a sponsor's site if the sponsor fails to take action to correct the Program violations noted in a State agency review report within the timeframes established by the corrective action plan.
(3) The State agencyshall immediately terminate the participation of a sponsor's site if during a review it determines that the health or safety of the participating children is imminently threatened.
Title 7 published on 2015-08-22
The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 7 CFR Part 225 after this date.
Title 7 published on 2015-08-22.
The following are only the Rules published in the Federal Register after the published date of Title 7.
For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.