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WILLIAM PENN SCHOOL DIST. v. DEPT. OF ED.

902 A.2d 583 (2006)

WILLIAM PENN SCHOOL DISTRICT, Petitioner v. DEPARTMENT OF EDUCATION, DIVISION OF FOOD AND NUTRITION, Respondent.

Commonwealth Court of Pennsylvania.

Decided June 27, 2006.

Attorney(s) appearing for the Case

Francis J. Catania, Media, for petitioner.

Robert M. Tomaine, Asst. Counsel, Harrisburg, for respondent.

BEFORE: SMITH-RIBNER, Judge, LEADBETTER, Judge, and LEAVITT, Judge.

OPINION BY Judge SMITH-RIBNER.

The William Penn School District (School District) petitions for review of a Hearing Officer's decision upholding the request of the Department of Education, Division of Food and Nutrition (Department) to recover school lunch funds alleged to have been overpaid to the School District. The issues included are whether the Department's claim for recovery is supported by substantial evidence; whether the Department made a timely request...

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