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Independence of the Review Official in the Child and Adult Care Food Program

EO Guidance Document #
FNS-GD-1991-0008
Resource type
Guidance Documents
Instructions
Resource Materials
PDF Icon FNS Instruction (105.89 KB)

This Instruction provides clarification of the standards used for determining the independence of the review officer who will conduct the institution appeal procedure. Section 226.6(k) sets such standards. The standards are intended to prohibit designation of a review official who, as part of his assigned duties, can be reasonably expected to make or influence appealable decisions, or who reports to a person in this category. This clarification applies when a state agency either follows the appeal procedures outlined in the regulations or utilizes its own appeals procedures.

It is not reasonable to assume that a state director of one or more special nutrition programs, or any member of his staff, meets these standards of independence. However, personnel in the state educational agency (or alternate state agency) who are senior to the state director of special nutrition programs within the state agency, may serve as the review official.

Page updated: March 31, 2021

The contents of this guidance document do not have the force and effect of law and are not meant to bind the public in any way. This document is intended only to provide clarity to the public regarding existing requirements under the law or agency policies.