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PA Bulletin, Doc. No. 98-1457

NOTICES

Public Meeting Concerning the 1999 State Plan of Program Operations and Administration for WIC

[28 Pa.B. 4575]

   In accordance with 7 CFR 246.4(b), the Department of Health (Department) has scheduled a public meeting for the purpose of obtaining comments and recommendations for an amendment to the 1999 State Plan of Program Operations and Administration for the Special Supplemental Nutrition Program for Women, Infants and Children (WIC) in this Commonwealth. The amendment to the State Plan is for the purpose of including State regulations governing Retail Store Management and Administrative Appeals aspects of the Program.

   The Department has drafted the regulations as a result of the decision issued by the Commonwealth Court (Judge Doyle) in the matter of Giant Food Stores, Inc. v. Commonwealth of Pennsylvania, Department of Health, 2623 C.D. 1997. The Court determined that the criteria the Special Supplemental Nutrition Program for Women, Infants and Children (WIC Program) uses to make the decisions to authorize grocery stores for participation in the program was not valid because the criteria had not been published as regulations in accordance with the procedures set forth in the Commonwealth Documents Law (45 P. S. §§ 1102--1602) and the Commonwealth Attorneys Act (71 P. S. §§ 731-201--732-506). As a result of the court's decision, the WIC Program is unable to authorize new stores, or review currently authorized stores as required by Federal regulations. It is the Department's intention to proceed with adopting the regulations as final with proposed rulemaking omitted. However, the Department will seek public comment on the draft regulations prior to the publication.

   The public meeting will be held on Thursday, September 24, 1998, from 9 a.m. to 3 p.m. at the Rachel Carson State Office Building located at 400 Market Street, Harrisburg, PA. The purpose of the meeting is to solicit comments on the draft State regulations governing the WIC Program. These regulations will amend the State Plan of Program Operations and Administration required by Federal regulations governing the program.

   The Department invites comments on the Program's draft regulations and amendment to the State Plan.

   Copies of the draft regulations will be available on the Department's web page (www.health.state.pa.us) from September 11 to September 24, 1998. Persons may also obtain a copy by calling the WIC Program Office at (717) 783-1289.

   Persons wishing to give testimony at the public meeting are requested to preregister with the State WIC Program Office by calling (717) 783-1289. Persons unable to attend the meetings, but wishing to express their views, may submit written comments to the Department. To be considered, written comments must be received no later than 5 p.m. September 24, 1998. Direct written comments to: Department of Health, Division of Women, Infants and Children (WIC), Attention: Retail Store Management Unit, P. O. Box 90, Harrisburg, PA 17108.

   Persons who require reasonable accommodations in accordance with the Americans with Disabilities Act (ADA) of 1990, should contact Wendy Noel at (717) 783-1289 for assistance.

   V/TT: (717) 783-6514 for speech and/or hearing impaired persons or the Pennsylvania AT&T Relay Services at 1 (800) 654-5984 [TT].

DANIEL F. HOFFMANN,   
Secretary

[Pa.B. Doc. No. 98-1457. Filed for public inspection September 4, 1998, 9:00 a.m.]



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