[30 Pa.B. 873]
[Continued from previous Web Page] [(2) The store may not be located within 1 mile of another WIC authorized store unless the Department determines that there is sufficient WIC participant shopping within the 1 mile area to support an additional WIC authorized store. For the purpose of this section, in order to support the authorization of each additional WIC authorized store within the 1-mile radius, sufficient WIC participant shopping shall mean that the Department has documentation that at least 160 WIC participants per store slot authorized are currently making WIC purchases within the 1-mile radius, except in Philadelphia where sufficient WIC participant shopping shall mean that the Department has documentation that at least 260 participants per store slot authorized are currently making WIC purchases within the 1-mile radius.]
* * * * * § 1103.5. Minimum inventory.
(a) A store shall have available on the [sales floor] premises at the time of the certification or recertification onsite review, and maintain at all times thereafter while participating as a WIC authorized store, minimum inventory requirements of allowable foods.
(b) Minimum inventory requirements of allowable foods are as follows:
* * * * * (5) Juices.
(i) [Canned, three] Three varieties with a total of nine 46 ounce [cans] containers.
(ii) Frozen concentrated or shelf stable concentrated, two varieties with a total of nine 11.5 to 12 ounce containers.
* * * * * § 1103.6. Waiting list.
(a) Placement of stores on the waiting list. The Department will place on a waiting list eligible stores as follows:
* * * * * (4) When a store slot is open and the store seeking certification is located within 1 mile of a WIC authorized store, if the Department determines that there is not sufficient WIC participant shopping within the 1 mile area to support an additional WIC authorized store.
* * * * * § 1103.7. [Participant hardship] Inadequate participant access.
(a) The Department will consider whether there is [participant hardship] inadequate participant access when considering whether to place a store on probation, rather than deny [certification or] recertification, for failure to meet selection and limitation criteria in § 1103.4(a) and (b) (relating to selection and limitation criteria; authorization process) during [certification and] recertification reviews [or change of ownership reviews].
(b) The Department may also consider whether there is inadequate participant access when deciding whether to place on probation a store undergoing a change of ownership under § 1105.4(b) and (c) (relating to change of ownership of a WIC authorized store).
(c) [Participant hardship] Inadequate participant access is any of the following:
(1) Ten or more participants whose specific nationality, ethnicity or religious dietary needs can not be served properly by another WIC authorized store located [within 3 miles of the store, except in Philadelphia, where the distance of 1 mile to the next closest WIC authorized store will be used for the determination.] in accordance with one of the following:
(i) Less than 3 miles of the store for counties with WIC participant density less than 25 participants per square mile.
(ii) Less than 2 miles of the store for counties with WIC participant density of 25 to 100 participants per square mile.
(iii) Less than 1 mile of the store for counties with WIC participant density greater than 100 participants per square mile.
(2) Ten or more participants will be required to travel [3 or more miles to the next closest WIC authorized store, except in Philadelphia, where the distance of 1 mile to the next closest WIC authorized store will be used for the determination.] according to one of the following:
(i) Three or more miles to the next closest WIC authorized store for counties with WIC participant density less than 25 participants per square mile.
(ii) Two or more miles to the next closest WIC authorized store for counties with WIC participant density of 25 to 100 participants per square mile.
(iii) One or more miles to the next closest WIC authorized store for counties with WIC participant density greater than 100 participants per square mile.
(3) [Ten or more people are affected by physical barriers or conditions which make normal travel to another WIC authorized store impractical.
(4)] A participant has a physical disability that cannot be accommodated by another WIC authorized store [within 3 miles, except in Philadelphia, where the distance of 1 mile to the next closest WIC authorized store will be used for the determination.] in accordance with one of the following:
(i) Within 3 miles of the store for counties with WIC participant density less than 25 participants per square mile.
(ii) Within 2 miles of the store for counties with WIC participant density of 25 to 100 participants per square mile.
(iii) Within 1 mile of the store for counties with WIC participant density greater than 100 participants per square mile.
(4) Ten or more participants are affected by physical barriers or conditions which make normal travel to another WIC authorized store impractical.
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CHAPTER 1105. REQUIREMENTS OF WIC AUTHORIZED STORES § 1105.1. Training.
* * * * * (b) Annual training. The Department will provide for WIC authorized stores annual training which is designed to prevent WIC Program errors and abuses and to improve WIC Program services. The following apply to annual training:
* * * * * (5) Failure to have at least one representative attend training shall result in the Department imposing sanctions against the WIC authorized store as in [§ 1107.1 (relating to sanctions)] § 1107.1a(d)(16) (relating to disqualifications).
* * * * * § 1105.2. Overcharge recovery system.
* * * * * (h) Sanctions. The Department will impose a sanction against a WIC authorized store under [§ 1107.1 (relating to sanctions)] § 1107.1a(d)(14) (relating to disqualifications) if the store fails to pay overcharges due within the time required under subsections (f) and (g).
* * * * * § 1105.3. Terms and conditions of participation.
(a) General terms and conditions. A WIC authorized store shall adhere to this subsection. Failure to do so shall result in the imposition of sanctions as set forth in [§ 1107.1 (relating to sanctions)] § 1107.1a (relating to disqualifications). A WIC authorized store shall:
* * * * * (4) Maintain the minimum inventory of allowable foods on the premises.
* * * * * (14) Provide Federal, State, Department and local agency representatives who are involved in monitoring the store's compliance with statutes and regulations governing the WIC Program, access to all WIC checks accepted by the store and on its premises at the time of an onsite review.
* * * * * § 1105.4. Change of ownership of a WIC authorized store.
* * * * * (c) When a change of ownership occurs and [participant hardship] inadequate participant access as defined in [§ 1103.7 (relating to participant hardship)] § 1103.7(c)(8) (relating to inadequate participant access) would result, the store under the new ownership may receive probationary certification for a period not to exceed 6 months if the State conducts an immediate onsite visit followed by a complete certification visit at the store. Until the immediate onsite visit is conducted, the new owner may not accept WIC checks. As soon as possible within the 6 month probationary period or during the next recertification process, whichever occurs first, the store under the new ownership shall compete with stores on the waiting list in the trade area for the store slot.
* * * * * § 1105.6. Monitoring of WIC authorized stores.
* * * * * (b) High risk reviews. The Department will monitor all high risk stores. The Department will use either compliance investigations or inventory audits as methods to monitor high risk stores. The Department also may conduct compliance buys and inventory audits on stores that have not been identified as high risk stores.
(1) Compliance investigations. The following standards [shall] apply:
* * * * * (vi) The Department will disqualify the store if three compliance buys detect violations of statutes or regulations governing the store's participation in the WIC Program. The Department will determine the term of disqualification by the violation found during the compliance investigation, in accordance with § 1107.1 (relating to imposition of sanctions). If multiple violations are found during the compliance investigation, the Department will disqualify the store for the term corresponding to the most serious violation.
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CHAPTER 1107. SANCTIONS § 1107.1. [Sanctions] Imposition of sanctions.
(a) [The Department will impose a sanction against a store based upon the severity and nature of the violation of the statute or regulation governing the store's participation in the WIC Program.
(b) In addition to imposing a sanction against a WIC authorized store that commits fraud or abuse of the WIC Program, the Department may prosecute or make a referral for prosecution of the WIC authorized store to a criminal prosecution agency for prosecution under applicable Federal, State or local laws.
(c) A WIC authorized store that has a sanction imposed against it by the Department for accepting a WIC check for items other than those specified on the WIC check shall also reimburse the Department for moneys received for the purchase of the items with the WIC check.
(d) The Department may impose a sanction against a WIC authorized store for failing to remit any amount demanded due to violations of statutes or regulations governing its participation in the WIC Program within the time frame in § 1105.2(f) and (g) (relating to overcharge recovery system) or the notice given by the Department under § 1105.6(f) (relating to monitoring of WIC authorized stores).
(e) Upon receiving notification that a WIC authorized store has been disqualified from another USDA-FNS program, such as the USDA Food Stamp Program, the Department will disqualify the WIC authorized store for an equivalent period of up to 3 years.
(f) The Department may disqualify from participation in the WIC Program a WIC authorized store if the store incurs a civil money penalty in lieu of disqualification from another USDA-FNS program, such as the USDA Food Stamp Program. If the Department finds that participant hardship would result from the disqualification of the store from the WIC Program, the Department may, at its option, offer the store the option of paying a civil money penalty in lieu of disqualification.
(g) The Department will notify the USDA-FNS of a store's disqualification from the WIC Program. Disqualification from the WIC Program may result in the store's disqualification from the USDA Food Stamp Program.
(h) Specific sanctions. The Department will determine the type and level of sanction to be imposed against a WIC authorized store for a violation of a statute or regulation governing the store's participation in the WIC Program.
(1) Class A abuses. The Department will disqualify a WIC authorized store from participation in the WIC Program for 1 year for the following violations:
(i) Redeeming a WIC check for an item that is in a food category authorized by the WIC Program but is not an allowable food or is not specified on the WIC check.
(ii) Having stale-dated allowable food on the sales floor.
(iii) Failing to maintain minimum inventory requirements of an allowable food.
(iv) Failing to request the participant's WIC identification card prior to accepting a WIC check.
(v) Accepting a WIC check made payable to another store without prior written approval from the Department.
(vi) Failing to maintain a clean and sanitary store.
(vii) Failing to properly store and refrigerate allowable foods.
(viii) Closure of the store by a city, local or county health department.
(ix) Charging or demanding that a participant pay for an allowable food with the participant's own money or with another WIC check for purchases made with a WIC check.
(x) Securing the signature of the participant, endorser or proxy prior to completing the ''Pay Exactly'' box on the WIC check.
(xi) Overcharging the WIC Program by charging sales tax or allowing the purchase with a WIC check of more of an allowable food than authorized on the WIC check.
(xii) Having or charging prices which exceed the current maximum allowable costs established by the Department and published in the Pennsylvania Bulletin for either Food Prescription One or Food Prescription Two set forth in § 1103.4(a)(6)(i) and (ii) (relating to selection and limitation criteria; authorization process).
(2) Class B abuses. The Department will disqualify a WIC authorized store from participation in the WIC Program for 2 years for the following violations:
(i) Redeeming a WIC check for food that is not in a food category authorized to be purchased with a WIC check.
(ii) Charging the WIC Program more for an allowable food than a customer who is not a participant is charged for the same item.
(iii) Charging the WIC Program more than the current price for an allowable food.
(iv) Giving monetary change to an authorized individual who tenders a WIC check.
(v) Failing to remit payment for an overcharge within the specified time frame.
(vi) Charging the WIC Program for an allowable food which was not purchased with a WIC check.
(vii) A repeated Class A violation.
(3) Class C abuses. The Department will disqualify a WIC authorized store from participation in the WIC Program for 3 years for the following violations:
(i) Accepting a WIC check for cash, credit or a nonfood item.
(ii) Physically altering or changing on the face of a WIC check the store name, food type or quantity, participant information, date or printed dollar amount.
(iii) Redeeming WIC checks for the sale of an amount of an allowable food over a period of time which exceeds the WIC authorized store's documented inventory for the same allowable food for the same period of time.
(iv) A repeated Class B violation.
(i) For a violation of a statute or regulation governing the store's participation in the WIC Program which is not specifically classified as a Class A, Class B or Class C sanction as provided for in subsection (h), the Department will determine the appropriate type and level of sanction to be imposed upon the store based upon the nature and severity of the violation.
(j) The Department will provide a WIC authorized store at least a 15 day advance notice of the effective date of any disqualifications and an opportunity to appeal the disqualification in accordance with § 1113.1 (relating to right to appeal).
(k) A store which has been disqualified from the WIC Program may apply for certification following expiration of the disqualification period. If the store chooses to apply for certification after expiration of the disqualification, the Department will not consider the prior disqualification from the WIC Program when determining eligibility, and the store will be considered in accordance with § 1103.4 if a store slot is available, or placed on a waiting list in accordance with § 1103.6 (relating to waiting list) if no store slot is available.]
The Department may disqualify a store or impose a civil money penalty in lieu of disqualification for reasons of program abuse. The Department will not provide the store with prior warning that violations were occurring before imposing these sanctions. The store may appeal a Department decision pertaining to disqualification, denial of application to participate or other adverse actions that affect participation during the agreement performance period in accordance with § 1113.1 (relating to right to appeal). Expiration of an agreement with a store, disqualification of a store as a result of disqualification from the Food Stamp Program, and the Department's determination regarding participant access are not subject to review.
(b) The Department will disqualify a store which has been disqualified from the Food Stamp Program unless the Department determines that the disqualification of the store would result in inadequate participant access under § 1103.7 (relating to inadequate participant access). If the Department determines that disqualification of the store would result in inadequate participant access under § 1103.7, the Department will give the store the option of paying a civil money penalty in lieu of WIC disqualification.
(c) The Department will disqualify a store for WIC Program violations in § 1107.1a (relating to disqualifications) unless the Department determines that disqualification of the store under § 1107.1a(b)--(d) would result in inadequate participant access. In that case, the Department will give the store the option of paying a civil money penalty in lieu of disqualification. The Department will not impose a civil money penalty in lieu of disqualification for third or subsequent sanctions for violations.
(d) Disqualification from the WIC Program may result in disqualification as a retailer in the Food Stamp Program. The disqualification may not be subject to administrative or judicial review under the Food Stamp Program.
(e) In addition to imposing a sanction against a WIC authorized store that commits fraud or abuse of the WIC Program, the Department may prosecute or make a referral for prosecution of the WIC authorized store to a criminal prosecution agency for prosecution under applicable Federal, State, or local laws.
(f) A WIC authorized store that has a sanction imposed against it by the Department for accepting a WIC check for items other than those specified on the WIC check shall also reimburse the Department for monies received for the purchase of these items with the WIC check.
(g) The Department may impose a sanction against a WIC authorized store for failing to remit any amount demanded due to violations of statutes or regulations governing its participation in the WIC Program within the time frame in § 1105.2(f) and (g) (relating to reimbursement of overcharges) or the notice given by the Department under § 1105.6(f) (relating to monitoring of WIC authorized stores).
§ 1107.1a. Disqualifications.
(a) Permanent disqualification. The Department will permanently disqualify a WIC authorized store convicted of trafficking in WIC checks or selling firearms, ammunition, explosives or controlled substances (as defined in section 102 of the Controlled Substances Act (21 U.S.C.A. § 802)) in exchange for WIC checks. The Department will not compensate the store for revenues lost as a result of the violation.
(b) Six-year disqualification. The Department will disqualify a WIC authorized store for 6 years for either of the following:
(i) One incidence of buying or selling WIC checks for cash (trafficking).
(ii) One incidence of selling firearms, ammunition, explosives or controlled substances as defined in section 102 of the Controlled Substances Act, in exchange for WIC checks.
(c) Three-year disqualification. The Department will disqualify a WIC authorized store for 3 years for any of the following violations:
(1) One incidence of the sale of alcohol or alcoholic beverages or tobacco products in exchange for WIC checks.
(2) A pattern of claiming reimbursement for the sale of an amount of a specific allowable food which exceeds the store's documented inventory of that specific allowable food item for a specific period of time. A pattern may be established during a single inventory audit encompassing a 2-month period when a WIC authorized store's records indicate that the WIC authorized store's redemptions for a specific allowable food exceed the WIC authorized store's documented inventory for that allowable food.
(3) Two or more incidences of charging participants more for an allowable food than non-WIC customers or charging participants more than the current shelf price.
(4) Two or more incidences of receiving, transacting or redeeming WIC checks outside of authorized channels, including the use of an unauthorized store or an unauthorized person, or both.
(5) Two or more incidences of charging for allowable food not received by the participant.
(6) Two or more incidences of providing credit or nonfood items, other than alcohol, alcoholic beverages, tobacco products, cash, firearms, ammunition, explosives or controlled substances as defined in section 102 of the Controlled Substances Act, in exchange for WIC checks.
(d) One-year disqualification. The Department will disqualify a WIC authorized store for 1 year for any of the following violations:
(1) Two or more incidences of providing unauthorized food items in exchange for WIC checks, including charging for allowable food provided in excess of those listed on the WIC check.
(2) Having stale-dated allowable food on the sales floor.
(3) Failing to maintain minimum inventory requirements of an allowable food.
(4) Failing to request the participant's WIC identification card prior to accepting a WIC check.
(5) Accepting a WIC check made payable to another store without prior written approval from the Department.
(6) Failing to maintain a clean and sanitary store.
(7) Failing to properly store and refrigerate allowable foods.
(8) Closure of the store by a city, local or county health department.
(9) Charging or demanding that a participant pay for an allowable food with the participant's own money or with another WIC check for purchases made with a WIC check.
(10) Securing the signature of the participant, endorser or proxy prior to completing the ''Pay Exactly'' box on the WIC check.
(11) Overcharging the WIC Program by charging sales tax.
(12) Having or charging prices which exceed the current maximum allowable costs established by the Department and published in the Pennsylvania Bulletin for either Food Prescription One or Food Prescription Two set forth in § 1103.4(a)(6)(i) and (ii) (relating to selection and limitation criteria; authorization process).
(13) Giving monetary change to an authorized individual who tenders a WIC check.
(14) Failing to remit payment for an overcharge within the specified time frame.
(15) Physically altering or changing on the face of a WIC check the store name, food type or quantity, participant information, date or printed dollar amount.
(16) Failing to have at least one representative of the store attend required training.
(e) Second mandatory sanction. When a WIC authorized store, which previously has been assessed a sanction for any of the violations in subsections (b)--(d), receives another sanction for any of these violations, the Department will double the second sanction. The Department will double civil money penalties up to the limits allowed under § 1107.3(c) (relating to civil money penalties).
(f) Third or subsequent mandatory sanction. When a WIC authorized store, which previously has been assessed 2 or more sanctions for any of the violations listed in subsections (b)--(d), receives another sanction for any of these violations, the Department will double the third sanction and all subsequent sanctions. The Department will not impose civil money penalties in lieu of disqualification for third or subsequent sanctions for violations in subsections (b)--(d).
(g) Multiple violations during a single investigation. When during the course of a single investigation the Department determines a WIC authorized store has committed multiple violations, the Department will disqualify the WIC authorized store for the period corresponding to the most serious violation. However, the Department will include all violations in the notice of disqualification action.
(h) Disqualification based on a Food Stamp Program disqualification. The Department will disqualify a WIC authorized store which has been disqualified from the Food Stamp Program. The disqualification shall be for the same length of time as the Food Stamp Program disqualification, but may begin at a later date than the Food Stamp Program disqualification. Under 7 CFR 246.12(k)(1)(vii) and § 1113.1(b)(3) (relating to right to appeal), the disqualification will not be subject to administrative or judicial review under the WIC Program.
(i) Voluntary withdrawal or nonrenewal of agreement. The Department will not accept voluntary withdrawal of the WIC authorized store from the WIC Program as an alternative to disqualification for the violations in subsections (a)--(d), but will enter the disqualification on the record. The Department will not permit the store to use nonrenewal of a store agreement as an alternative to disqualification.
(j) Other violations. For any violation of a statute or regulation governing the store's participation in the WIC Program which is not specifically classified in subsections (a)--(d), the Department will determine the appropriate type and level of sanction to be imposed upon the store based upon the nature and severity of the violation. A disqualification imposed under this subsection will not exceed 1 year.
(k) Advance notice. The Department will provide a WIC authorized store at least 30 days advance notice of the effective date of any disqualifications and, if appropriate, an opportunity to appeal the disqualification under § 1113.1 (relating to right to appeal).
(l) Certification following expiration of disqualification period. A store that has been disqualified from the WIC Program may apply for certification following expiration of the disqualification period. If the store chooses to apply for certification after expiration of the disqualification, the Department will not consider the prior disqualification from the WIC Program when determining eligibility. The store will be considered in accordance with § 1103.4 (relating to selection and limitation criteria; authorization process) if a store slot is available, or placed on a waiting list in accordance with § 1103.6 (relating to waiting list) if no store slot is available.
§ 1107.2. Civil money penalties.
(a) [Option available in lieu of a disqualification. The Department may offer to a store the option of paying a civil money penalty in lieu of a denial of recertification or a disqualification required under § 1107.1 (relating to sanctions), only if the Department finds participant hardship as set forth in § 1103.7 (relating to participant hardship).
(b) Calculation of civil money penalty. The Department will calculate the civil money penalty the store shall pay by multiplying 5% of the average monthly total value of WIC checks redeemed for the most recent 6-month period by the number of months the store would be disqualified under § 1107.1. For stores which are denied recertification for which this option is available, the Department will multiply 5% of the average monthly total value of WIC checks for the most recent 6-month period by 6 months to determine the civil money penalty to be paid. If 6 months of information relating to the monthly value of WIC checks redeemed is not available, the Department will calculate the monthly average based upon the number of months for which information is available.
(c) Written agreement. If the Department offers and the store agrees to pay a civil money penalty in lieu of disqualification, the Department and store shall set forth the terms of the agreement in writing. The terms may include a probationary period during which the Department may conduct monitoring to ensure action has been taken by the store to correct problems. The agreement shall be effective upon the signature of the Director of the Division of WIC or the Director's designee.
(d) Payment of the civil money penalty. The store shall pay the civil money no later than 30 days from the effective date of the agreement, as set forth in subsection (c). Failure of the store to pay the civil money penalty when due shall be grounds for the Department to rescind the agreement and shall result in reinstatement of the disqualification.
(e) Continued compliance with regulations. A store which pays a civil money penalty is required to continue to comply with regulations governing the store's participation in the WIC Program. If the store commits additional violations of the regulations governing the store's participation in the WIC Program, the Department will consider the violations for which the store paid the civil money penalty in determining the type and magnitude of sanction to be imposed against the store.
(f) Outstanding financial liabilities. Payment of the civil money penalty, unless specifically provided for in a written agreement between the Department and the store, does not relieve the store of any other past or future financial liability incurred by the store by reason of its participation in the WIC Program. This includes, by way of example, payment of outstanding overcharges or payments owed the Department for the unauthorized sale of foods.]
Option available in lieu of a disqualification. The Department may offer to a store the option of paying a civil money penalty in lieu of a denial of recertification or a disqualification required under § 1107.1 (relating to imposition of sanctions), only if the Department finds inadequate participant access as set forth in § 1103.7 (relating to inadequate participant access). The Department will not provide this option for third or subsequent violations set forth in § 1107.1a(b)--(d) (relating to disqualifications).
(b) Calculation of civil money penalty.
(1) For civil money penalties in lieu of disqualifications under § 1107.1a(b), (c) and (d)(1), the Department will calculate the civil money penalty for each violation identified by multiplying 10% of the average monthly total value of WIC checks redeemed for the most recent 6-month period by the number of months the store would be disqualified under § 1107.1. For stores that are denied recertification, and for which this option is available, the Department will multiply 10% of the average monthly total value of WIC checks for the most recent 6-month period by 6 months to determine the civil money penalty to be paid. If 6 months of information relating to the monthly value of WIC checks redeemed is not available, the Department will calculate the monthly average based upon the number of months for which information is available.
(2) For disqualifications identified in § 1107.1a(d)(2)--(15), the Department will calculate the civil money penalty for each violation identified the store shall pay by multiplying 5% of the average monthly total value of WIC checks redeemed for the most recent 6-month period by the number of months the store would be disqualified under § 1107.1. For stores which are denied recertification for which this option is available, the Department will multiply 5% of the average monthly total value of WIC checks for the most recent 6-month period by 6 months to determine the civil money penalty to be paid. If 6 months of information relating to the monthly value of WIC checks redeemed is not available, the Department will calculate the monthly average based upon the number of months for which information is available.
(c) Limitation of penalties. The amount of the civil money penalty will not exceed $10,000 for each violation. When during the course of a single investigation, the Department determines a store has committed multiple violations, the Department will impose a civil money penalty for each violation. The total amount of civil money penalties imposed for violations investigated as part of a single investigation will not exceed $40,000.
(d) Written agreement. If the Department offers and the store agrees to pay a civil money penalty in lieu of disqualification, the Department and store shall set forth the terms of the agreement in writing. The terms may include a probationary period during which the Department may conduct monitoring to ensure action has been taken by the store to correct problems. The agreement will be effective when it is signed by the Director of the Division of WIC or the Director's designee.
(e) Payment of the civil money penalty. If a WIC authorized store does not pay, only partially pays, or fails to timely pay a civil money penalty assessed in lieu of disqualification, the Department will disqualify the WIC authorized store for the length of the disqualification corresponding to the violation for which the civil money penalty was assessed. If a civil money penalty is assessed for more than one violation, the Department will impose the disqualification for the period corresponding to the most serious violation. The Department may permit payment of civil money penalties by installments.
(f) Outstanding financial liabilities. Payment of the civil money penalty, unless specifically provided for in a written agreement between the Department and the store, does not relieve the store of any other past or future financial liability incurred by the store by reason of its participation in the WIC Program. This includes, by way of example, payment to the Department of outstanding overcharges for the unauthorized sale of foods.
CHAPTER 1113. LOCAL AGENCY AND STORE APPEALS § 1113.1. Right to appeal.
(a) A store or local agency adversely affected by a Division of WIC action has the right to appeal. The right of appeal shall be granted when a local agency's or store's application to participate in the WIC Program is denied; or during the course of an agreement or period of authorization, when a local agency or store is disqualified; or when any other adverse action during the period of authorization which affects participation is taken against the store or local agency by the Division of WIC. [The expiration of a WIC authorization is not subject to appeal.]
(b) The following actions are not subject to appeal:
(1) The expiration of a WIC authorization.
(2) The Division of WIC's determination regarding inadequate participant access.
(3) Disqualification of a store as a result of disqualification from the Food Stamp Program.
(c) The appeal process is designed to secure and protect the interest of both the store or local agency and the Division of WIC and to ensure equitable treatment for all involved. [The adverse action shall be postponed until the hearing examiner issues an adjudication and order.]
(d) Except for permanent disqualifications assessed under § 1107.1a(a) (relating to disqualifications), the Department may take adverse action against a store after 30 days advance notification.
(e) In the case of a disqualification of a local agency, the Department will provide at least 60 days advance notice.
§ 1113.2. Appeal procedures.
(a) Notification. At the time the Division of WIC denies an application of a store, or disqualifies a WIC authorized store or takes an adverse action against a local agency or store during a period in which the local agency or store is authorized, the Division of WIC will notify the local agency or store of its right to an administrative appeal.
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[Pa.B. Doc. No. 00-287. Filed for public inspection February 18, 2000, 9:00 a.m.]
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