124 STAT. 3248 PUBLIC LAW 111–296—DEC. 13, 2010 ‘‘(1) IN GENERAL.—Each State agency shall follow the proce- dures established by the Secretary for the termination of participation of institutions under the program. ‘‘(2) FAIR HEARING.—The procedures described in paragraph (1) shall include provision for a fair hearing and prompt deter- mination for any service institution aggrieved by any action of the State agency that affects— ‘‘(A) the participation of the service institution in the program; or ‘‘(B) the claim of the service institution for reimburse- ment under this section. ‘‘(3) LIST OF DISQUALIFIED INSTITUTIONS AND INDIVIDUALS.— ‘‘(A) IN GENERAL.—The Secretary shall maintain a list of service institutions and individuals that have been termi- nated or otherwise disqualified from participation in the program under the procedures established pursuant to paragraph (1). ‘‘(B) AVAILABILITY.—The Secretary shall make the list available to States for use in approving or renewing applications by service institutions for participation in the program.’’. Subtitle C—Child and Adult Care Food Program SEC. 331. RENEWAL OF APPLICATION MATERIALS AND PERMANENT OPERATING AGREEMENTS. (a) PERMANENT OPERATING AGREEMENTS.—Section 17(d)(1) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766(d)(1)) is amended by adding at the end the following: ‘‘(E) PERMANENT OPERATING AGREEMENTS.— ‘‘(i) IN GENERAL.—Subject to clauses (ii) and (iii), to participate in the child and adult care food program, an institution that meets the conditions of eligibility described in this subsection shall be required to enter into a permanent agreement with the applicable State agency. ‘‘(ii) AMENDMENTS.—A permanent agreement described in clause (i) may be amended as necessary to ensure that the institution is in compliance with all requirements established in this section or by the Secretary. ‘‘(iii) TERMINATION.—A permanent agreement described in clause (i)— ‘‘(I) may be terminated for convenience by the institution or State agency that is a party to the permanent agreement; and ‘‘(II) shall be terminated— ‘‘(aa) for cause by the applicable State agency in accordance with paragraph (5); or ‘‘(bb) on termination of participation of the institution in the child and adult care food program.’’. (b) APPLICATIONS AND REVIEWS.—Section 17(d) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766(d)) is amended by striking paragraph (2) and inserting the following: Procedures.
