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Responding to a Notice of Finding

" January 1, 2022 - Responding to a request in a Notice of Finding for a CAD isn't a complex activity. There are three required elements in a CAD that must be completed in order for a CAD to be accepted. Help is also available at no cost from regional Education Service Centers.
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January 1, 2022 - The Community Operations Section of the Food and Nutrition Division is responsible for conducting administrative reviews of all contracting entities (CE) that possess a signed permanent agreement with the Division on a rotating basis.  The general rule, with a few notable exceptions, is that each CE is reviewed once every three years.  The purpose of an administrative review is to assess whether the CE is substantially in compliance with the laws, rules and regulations that govern the operation of the Child and Adult Care Food Program.

When a CE is determined to be operating outside of the parameters of the rules and regulations, the “non-compliance” is noted and generally results in a “finding”.  A finding will always contain the following elements: a description of the non-compliant condition; a citation from the relevant law, regulation or rule; and a statement of the policy that will need to be followed in order to address the finding.

Findings are entered into TX-UNPS and a Notice requesting that the CE develop a Corrective Action Document (CAD) to address the non-compliance is generated. The CE must enter the CAD into TX-UNPS for the administrative review specialist to assess for completeness and that it addresses the causes of the non-compliance. The goal of a CAD is for the CE to propose and enact revisions and refinements to their operation to ensure that the non-compliant condition is permanently corrected.
An acceptable CAD response has three items that need to be thoroughly addressed and defined.  They are always listed on the Findings Report as:  a) Provide a detailed explanation of he circumstances that cause the non-compliance to occur; b) Develop and implement step-by-step processes and procedures that will ensure the non-compliance will not occur in the future; c) Submit written copies of the new or revised policy or procedure that is being proposed.

The written process or procedure must include who the responsible individual will be for each task/function/step required in the new procedure, the date the new procedure will be started, how often the new procedure will be done, who will monitor the new procedure to ensure it is accomplished, and finally, when and how training on the new procedure will be done.

If any one of these steps are missing, the administrative reviewer will not be able to accept the CAD, and it will be returned to the CE for further development. If a second attempt at a CAD is also found to be incomplete, it may lead to a finding of the CE being seriously deficient.

It is highly recommended that CEs who are developing CADs contact their appropriate regional Education Service Center (ESC) for assistance in CAD development. Each Notice of Finding has the names and contact information for program specialists in each ESC. These specialists are available for consultation at no charge to the CE and are experienced in CAD development.


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Persons with disabilities who require alternative means of communication for program information (e.g. Braille, large print, audiotape, American Sign Language, etc.), should contact the Agency (State or local) where they applied for benefits. Individuals who are deaf, hard of hearing or have speech disabilities may contact USDA through the Federal Relay Service at (800) 877-8339. Additionally, program information may be made available in languages other than English.

To file a program complaint of discrimination, complete the USDA Program Discrimination Complaint Form, (AD-3027) found online at: How to File a Complaint, and at any USDA office, or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866) 632-9992. Submit your completed form or letter to USDA by:

Mail:
U.S. Department of Agriculture
Office of the Assistant Secretary for Civil Rights
1400 Independence Avenue, SW
Washington, D.C. 20250-9410
Fax: (202) 690-7442; or
 
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