(1) An authorized farmers' market, authorized
grower, authorized farm store or an applicant has a right to appeal denial of
payment, denial of an application, monetary penalty or disqualification from
the FMNP. Expiration or nonrenewal of a contract is not subject to
appeal.
(2) If the action being
appealed is a disqualification of an authorized farmers' market, the authorized
farmers' market must cease processing farmers' market checks for all authorized
growers effective the date specified in the sanction notice.
(3) If the action being appealed is a
disqualification of an authorized grower or authorized farm store, the
authorized grower or authorized farm store must cease accepting FMNP checks
effective the date specified in the sanction notice. In addition, the
authorized farmers' market must cease processing checks for the affected
authorized grower. Payments must not be made for any FMNP checks submitted for
payment during a period of disqualification.
(4) The department may, at its discretion,
permit the authorized farmers' market, authorized grower or authorized farm
store to continue participating in the FMNP pending the appeal hearing outcome.
The authorized farmers' market, authorized grower or authorized farm store may
be required to repay funds for FMNP checks redeemed while waiting for the
outcome of the hearing, depending on the hearing outcome.
(5) A request for an appeal hearing must be
in writing and must:
(a) State the issue
raised;
(b) Contain a summary of
the authorized farmers' market's, authorized grower's, authorized farm store's
or applicant's position on the issue, indicating whether each charge is
admitted, denied, or not contested;
(c) State the name and address of the
authorized farmers' market, authorized grower, authorized farm store or
applicant requesting an appeal hearing;
(d) State the name and address of the
attorney representing the authorized farmers' market, authorized grower,
authorized farm store or applicant if any;
(e) State the need for an interpreter or
other special accommodations, if necessary; and
(f) Have a copy of the notice from the
department attached.
(6)
A request for an appeal must be filed at the Department of Health, Adjudicative
Clerk's Office, P.O. Box 47879, Olympia, WA 98504-7879. The request must be
made within twenty-eight days of the date the authorized farmers' market,
authorized grower, authorized farm store or applicant received the department's
notice.
(7) The decision concerning
the appeal must be made within sixty days from the date the request for an
appeal hearing was received by the adjudicative clerk's office. The time may be
extended if all parties agree.