37.41.213    SENIOR FARMERS' MARKET NUTRITION PROGRAM (SFMNP): APPEALS BY PARTICIPANTS, FARMERS, AND LOCAL AGENCIES

(1) A participant who is denied participation or been disqualified from the program by the local agency may request a fair hearing before the department in accordance with ARM 37.41.214 and 7 CFR 249.16.

(2) Expiration of the participant application or disqualification of the application due to ineligibility as the result of age, income, or insufficient program funds as established by 7 CFR 249.6 is not subject to appeal.

(3) A local agency or farmer may request a fair hearing before the department if:

(a) they are denied participation;

(b) they are disqualified during the current valid written agreement; or

(c) their participation is otherwise adversely affected.

(4) Expiration of the agreement with a farmer or local agency is not subject to appeal.

(5) The issuance of notice of adverse action, the processing of fair hearing requests, and the conduct of such hearings will be in accordance with provisions set forth in ARM 37.41.214.

History: 52-1-103, 52-3-504, MCA; IMP, 52-3-102, 52-3-505, MCA; NEW, 2017 MAR p. 606, Eff. 5/13/17.