---
kind: "section"
citation: "7 C.F.R. § 283.4"
title: "7"
number: "283.4"
heading: "Filing appeals for QC claims of $50,000 or more."
url: "https://uscodex.org/cfr/7/283.4"
---

# §283.4. Filing appeals for QC claims of $50,000 or more.

- (a) **Time.** A State agency may appeal the bill for collection from FNS for a QC claim of $50,000 or more for a SNAP QC error rate in excess of the tolerance level. A State agency shall file a written notice of appeal, in accordance with this subpart, within 10 days of receipt of the bill for collection from FNS for a QC claim of $50,000 or more. The State agency may request an extension to the 10-day filing requirement in accordance with [§ 283.22(f)](/cfr/7/283.22.md?p=f). FNS shall issue the bill for collection by certified mail or personal service.
- (b) **Exhaustion of administrative remedies.** The State agency must appeal the bill for collection to the ALJ, pursuant to this subpart, and exhaust the available administrative remedies before filing suit in the Federal District Courts.
- (c) **Filing.** The notice of appeal shall be filed with the Hearing Clerk in accordance with [§ 283.22(b)](/cfr/7/283.22.md?p=b).
- (d) **Content of the notice.**
  - (1) A notice of appeal, in order to be considered acceptable, must contain the following information:
    - (i) A brief and clear statement that it is an appeal from a QC claim of $50,000 or more identifying the period the claim covers, the date and amount of the bill for collection, and the date of receipt of the bill for collection;
    - (ii) Identification of the State agency as the appellant and FNS as the appellee;
    - (iii) A statement that the notice of appeal is filed pursuant to [section 14(a)](/cfr/7/14.md?p=a) of the Food and Nutrition Act of 2008;
    - (iv) A copy of the bill for collection which constitutes the basis for the filing of the notice of appeal shall be attached to the notice.
  - (2) Failure to file an acceptable notice of appeal may result in a challenge by FNS to the notice, dismissal of the notice by the ALJ and a waiver of the opportunity for further appeal or review by the Judicial Officer unless the State agency pursues the options as discussed in §§ [283.17(d)](/cfr/7/283.17.md?p=d) and [283.20](/cfr/7/283.20.md).
- (e) **Receipt of notice of appeal and assignment of docket number.** Upon receipt of a notice of appeal, the Hearing Clerk shall assign the appeal a docket number. The Hearing Clerk shall:
  - (1) Send the State agency a letter which shall include the following information:
    - (i) Advice that the notice of appeal has been received and the date of receipt;
    - (ii) The docket number assigned to the appeal and instructions that all future communications related to the appeal shall reference the docket number, and;
    - (iii) Advice that the State agency must file and serve its appeal petition, as set forth in [§ 283.22](/cfr/7/283.22.md), not later than 60 days after receiving a notice of the claim. Failure to file a timely appeal petition may result in a waiver of further appeal rights.
  - (2) **Send FNS a copy of the notice of appeal and a copy of the letter to the State agency.**
- (f) **Stay of collection.** The filing of a timely notice of appeal shall automatically stay the action of FNS to collect the QC claim asserted against the State agency until a decision is reached on the acceptability of the appeal, and in the case of an acceptable appeal, until a final administrative determination has been issued. However, interest will accrue on the outstanding claim amount during the stay as provided in [section 13(a)(1)](/cfr/7/13.md?p=a-1) of the Food and Nutrition Act of 2008, as amended ([7 U.S.C. 2022(a)(1)](/usc/7/2022.md?p=a-1)).
- (g) **Content of the appeal petition.** The appeal petition shall include:
  - (1) A brief statement of the allegations of fact and provisions of law that constitute the basis for the appeal including a statement as to whether a factual basis for good cause relief exists;
  - (2) The nature of the relief sought, and;
  - (3) **A request for an oral hearing, if desired by the State agency.** Failure to request an oral hearing will result in a forfeiture of the opportunity for such a hearing, except as provided in [§ 283.15(a)](/cfr/7/283.15.md?p=a).
- (h) **FNS answer.** Upon service of the State agency appeal petition, FNS shall:
  - (1) File an answer, in accordance with [§ 283.6](/cfr/7/283.6.md), not later than 60 days after the State agency submits its appeal petition and;
  - (2) **Advise the Hearing Clerk if FNS wishes to have an oral hearing.**
    - (i) **Oral hearing not requested.** If no oral hearing has been requested, the appeal shall proceed in accordance with the procedures set forth under subpart C of this part.

## Notes

### Authority

Authority: 7 U.S.C. 2011-2036.

### Source

Source: Amdt. 348, 59 FR 34561, July 6, 1994, unless otherwise noted.