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hearing officer and two members appointed by the State Director of the Department of Social Services or his or her designee. (d) If the petitioner requests a hearing in accordance with these regulations, the petitioner and the Department shall be provided with at least five (5) days advance written notice, sent certified mail, return receipt requested, of the time and place of the hearing. (e) The hearing shall be held within fourteen (14) days of the date of the receipt of the request for review, but where applicable not before the petitioner’s written documentation is received in accordance with paragraphs (3) (b) and (c) of this section. (f) The petitioner shall be given an opportunity to review any information upon which the adverse action was based. (4) Decision Within five (5) working days after the hearing, or within five (5) working days after receipt of written documentation if no hearing is held, the hearing committee shall make a determination based on a full review of the administrative record and inform the petitioner of the decision of the review and the basis for such decision, by certified mail, return receipt requested. (5) The Department’s action shall remain in effect during the review process. However, partici- pating sponsors and sites may continue to operate the Program during a review of a termination, and if the review results in overturning the Department’s decision, reimbursement shall be paid for meals petitioner served during the review process. However, such continued Program operation shall not be allowed if the Department’s action is based upon imminent danger to the health or safety of children. B. Child and Adult Food Service Program (1) Adverse Action An institution or sponsoring organization participating in the Child and Adult Food Service Program may appeal the following: (a) a denial of the institution’s application for participation; (b) a denial of an application submitted by a sponsoring organization on behalf of a facility; (c) a termination of the participation of an institution or facility; (d) a suspension of an institution’s agreement; (e) a denial of an institution’s application for start-up payments; (f) a denial of an advance payment; (g) a denial of all or a part of the claim for reimbursement, except for a late submission; (h) a denial by the Department to forward to Food and Consumer Service an exception request by the institution or sponsoring organization for payment of a late claim or a request for an upward adjustment to a claim; (i) a demand for the remittance of an overpayment. (2) Notice (a) The institution shall be advised in writing of the grounds on which the Department based its adverse action. (b) The notice, which shall be sent certified mail, return receipt requested, shall also include a statement indicating that the institution has the right to appeal the action no later than fifteen (15) calendar days from the date of receipt of said notice. (3) Request for Review/Hearing (a) The petitioner must file a written request for review with the OAH or the petitioner’s food service worker no later than fifteen (15) days from the date the petitioner received the notice of adverse action, and the Department shall acknowledge the receipt within ten (10) days. (b) The petitioner may refute the charges contained in the notice of adverse action in person and by written documentation to the review official. In order to be considered, written documentation must be filed with the review official not later than thirty (30) days after the petitioner received the notice of adverse action.