---
kind: "section"
citation: "7 C.F.R. § 245.7"
title: "7"
number: "245.7"
heading: "Hearing procedure for families and local educational agencies."
url: "https://uscodex.org/cfr/7/245.7"
---

# §245.7. Hearing procedure for families and local educational agencies.

- (a) Each local educational agency of a school participating in the National School Lunch Program, School Breakfast Program or the Special Milk Program or of a commodity only school shall establish a hearing procedure under which:
  - (1) A family can appeal from a decision made by the local educational agency with respect to an application the family has made for free or reduced price meals or for free milk, and
  - (2) The local educational agency can challenge the continued eligibility of any child for a free or reduced price meal or for free milk. The hearing procedure shall provide for both the family and the local educational agency:
    - (i) A simple, publicly announced method to make an oral or written request for a hearing;
    - (ii) An opportunity to be assisted or represented by an attorney or other person;
    - (iii) An opportunity to examine, prior to and during the hearing, any documents and records presented to support the decision under appeal;
    - (iv) That the hearing shall be held with reasonable promptness and convenience, and that adequate notice shall be given as to the time and place of the hearing;
    - (v) An opportunity to present oral or documentary evidence and arguments supporting a position without undue interference;
    - (vi) An opportunity to question or refute any testimony or other evidence and to confront and cross-examine any adverse witnesses;
    - (vii) That the hearing shall be conducted and the decision made by a hearing official who did not participate in making the decision under appeal or in any previously held conference;
    - (viii) That the decision of the hearing official shall be based on the oral and documentary evidence presented at the hearing and made a part of the hearing record;
    - (ix) That the parties concerned and any designated representative shall be notified in writing of the decision of the hearing official;
    - (x) That a written record shall be prepared with respect to each hearing, which shall include the challenge or the decision under appeal, any documentary evidence and a summary of any oral testimony presented at the hearing, the decision of the hearing official, including the reasons therefor, and a copy of the notification to the parties concerned of the decision of the hearing official; and
    - (xi) That the written record of each hearing shall be preserved for a period of 3 years and shall be available for examination by the parties concerned or their representatives at any reasonable time and place during that period.
- (b) **Continuation of benefits.** When a household disagrees with an adverse action which affects its benefits and requests a fair hearing, benefits shall be continued as follows while the household awaits the hearing and decision:
  - (1) Households that have been approved for benefits and that are subject to a reduction or termination of benefits later in the same school year shall receive continued benefits if they appeal the adverse action within the 10 day advance notice period; and
  - (2) Households that are denied benefits upon application shall not receive benefits.

## Notes

### Amendments

[Amdt. 6, 39 FR 30339, Aug. 22, 1974, as amended at 47 FR 746, Jan. 7, 1982; 48 FR 12511, Mar. 25, 1983; 72 FR 63796, Nov. 13, 2007]

### Authority

Authority: 42 U.S.C. 1752, 1758, 1759a, 1772, 1773, and 1779.

### Amendments

[Amdt. 6, 39 FR 30339, Aug. 22, 1974, as amended at 47 FR 746, Jan. 7, 1982; 48 FR 12511, Mar. 25, 1983; 72 FR 63796, Nov. 13, 2007]