No. 31015 (Repeal): R277-722. Withholding Payments and Commodities in the CACFP

DAR File No.: 31015
Filed: 02/20/2008, 12:34
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is being repealed because the rule is no longer necessary. If any requirements relating to withholding payments and commodities in the Child and Adult Care Food Program (CACFP) exist, they are included in federal law and regulations.

Summary of the rule or change:

This action repeals the rule in its entirety.

State statutory or constitutional authorization for this rule:

Subsections 53A-1-401(3) and 53A-1-402(3)

Anticipated cost or savings to:

the state budget:

There are no anticipated costs or savings to the state budget. All funding for participation in this program was provided by the federal government.

local governments:

There are no anticipated costs or savings to local government. All funding for participation in this program was provided by the federal government.

small businesses and persons other than businesses:

There are no anticipated costs or savings to small businesses and persons other than businesses. All funding for participation in this program was provided by the federal government.

Compliance costs for affected persons:

There are no compliance costs for affected persons. All funding for participation in this program was provided by the federal government.

Comments by the department head on the fiscal impact the rule may have on businesses:

There is no fiscal impact on businesses. Patti Harrington, State Superintendent of Public Instruction

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Education
Administration
250 E 500 S
SALT LAKE CITY UT 84111-3272

Direct questions regarding this rule to:

Carol Lear at the above address, by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

04/14/2008

This rule may become effective on:

04/21/2008

Authorized by:

Carol Lear, Director, School Law and Legislation

RULE TEXT

R277. Education, Administration.

[R277-722. Withholding Payments and Commodities in the CACFP.

R277-722-1. Definitions.

A. "CACFP" means Child and Adult Care Food Program.

B. "Board" means the Utah State Board of Education.

C. "USOE" means the Utah State Office of Education.

 

R277-722-2. Authority and Purpose.

A. This rule is authorized under Utah Constitution Article X, Section 3 which vests general control and supervision of public education in the Board, Section 53A-1-401(3) which allows the Board to adopt rules in accordance with its responsibilities and Section 53A-1-402(3) which permits the Board to administer funds made available through programs of the federal government.

B. The purpose of this rule is to specify payment procedures required of delinquent CACFP participants.

 

R277-722-3. Payment Procedures.

CACFP participants who do not pay commodity billings or respond to audit and review citations and overclaims, or both, are subject to the following:

A. If no appeal has been submitted on an overclaim citation or billing, claims for reimbursement shall not be paid unless a corrective action plan or arrangement for repayment of the overclaim, approved by the USOE, is received in the USOE prior to the end of the next whole claiming period following notice of delinquency.

B. If commodity charges are not paid within 30 days of billing, subsequent claims for reimbursement shall not be paid and commodities shall not be allocated or delivered until payment is received.

C. If response, payment, or appeal is not received by the USOE within 30 days plus a preceding whole claiming period, with notice of the delinquency, participation in CACFP is suspended and no reimbursements or commodity deliveries shall occur until response is received and approved by the USOE.

D. Delinquency of 60 days plus a preceding whole claiming period, with notice of delinquency, is cause for the permanent denial of previously unpaid reimbursements and continued denial of commodity allocations and deliveries. Participation shall be reinstated only with full payment of overclaims and commodity billings and initiation of corrective actions approved by on-site inspection at the reasonable convenience of the USOE.

 

KEY: food aid programs

Date of Enactment or Last Substantive Amendment: 1987

Notice of Continuation: January 8, 2008

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-1-401(3); 53A-1-402(3)]