---
kind: "section"
citation: "7 C.F.R. § 247.35"
title: "7"
number: "247.35"
heading: "Local agency appeals of State agency actions."
url: "https://uscodex.org/cfr/7/247.35"
---

# §247.35. Local agency appeals of State agency actions.

- (a) **What recourse must the State agency provide local agencies to appeal a decision that adversely affects their participation in CSFP?** The State agency must establish a hearing procedure to allow local agencies to appeal a decision that adversely affects their participation in CSFP—e.g., the termination of a local agency's participation in the program. The adverse action must be postponed until a decision on the appeal is made.
- (b) **What must the State agency include in the hearing procedure to ensure that the local agency has a fair chance to present its case?** The hearing procedure must provide the local agency:
  - (1) Adequate advance notice of the time and place of the hearing;
  - (2) An opportunity to review the record before the hearing, and to present evidence at the hearing;
  - (3) An opportunity to confront and cross-examine witnesses; and
  - (4) **An opportunity to be represented by counsel, if desired.**
- (c) **Who conducts the hearing and how is a decision on the appeal made?** The hearing must be conducted by an impartial person who must make a decision on the appeal that is based solely on the evidence presented at the hearing, and on program legislation and regulations. A decision must be made within 60 days from the date of the request for a hearing, and must be provided in writing to the local agency.

## Notes

### Authority

Authority: Sec. 5, Pub. L. 93-86, 87 Stat. 249, as added by Sec. 1304(b)(2), Pub. L. 95-113, 91 Stat. 980 (7 U.S.C. 612c note); sec. 1335, Pub. L. 97-98, 95 Stat. 1293 (7 U.S.C. 612c note); sec. 209, Pub. L. 98-8, 97 Stat. 35 (7 U.S.C. 612c note); sec. 2(8), Pub. L. 98-92, 97 Stat. 611 (7 U.S.C. 612c note); sec. 1562, Pub. L. 99-198, 99 Stat. 1590 (7 U.S.C. 612c note); sec. 101(k), Pub. L. 100-202; sec. 1771(a), Pub. L. 101-624, 101 Stat. 3806 (7 U.S.C. 612c note); sec 402(a), Pub. L. 104-127, 110 Stat. 1028 (7 U.S.C. 612c note); sec. 4201, Pub. L. 107-171, 116 Stat. 134 (7 U.S.C. 7901 note); sec. 4221, Pub. L. 110-246, 122 Stat. 1886 (7 U.S.C. 612c note); sec. 4221, Pub. L. 113-79, 7 U.S.C. 612c note).

### Source

Source: 70 FR 47063, Aug. 11, 2005, unless otherwise noted.