12VAC5-195-200. Program abuse and sanctions.

A. The state agency determines program abuse and sanctions that may be issued to applicants and participants. When more than one abuse is involved at a time, the sanction shall be based on the more serious abuse.

B. If an abuse occurs more than 12 months after the last abuse, the local agency shall process the abuse as a first offense.

C. When more than three abuses in a 12-month period occur, the local agency shall issue a three-month temporary disqualification.

D. Program abuses and assigned sanctions are as follows:

Abuse	Number of Offenses	Sanction
Class I
Any deliberate misrepresentation of income, name, residence, family size, medical data, or date of birth to obtain WIC benefits	All	Three-month disqualification
Dual participation – redeeming food instruments from two programs or agencies in same month	All	One-year disqualification
Assessed claim for $100 or more	All	One-year disqualification
Assessed second or subsequent claim for any amount	2nd or subsequent	One-year disqualification
Attempting to steal or actually stealing food instruments from the local agency or another participant	All	Three-month disqualification
Selling, exchanging or giving away food instruments, food, or formula	All	Three-month disqualification
Redeeming WIC food instruments reported as lost or stolen	All	Three-month disqualification
Attempting to redeem or redeeming WIC food instruments for nonfood items (i.e., diapers, wine, cigarettes)	All	Three-month disqualification
Physically abusing the WIC or retailer staff (An incidence of physical abuse of WIC or retailer staff or properties should be reported to the police)	All	Three-month disqualification
Accepting cash or credit from a retailer in connection with a WIC transaction	1st	One-month disqualification
	2nd	Two-month disqualification
	3rd	Three-month disqualification
Class II
Creating a public nuisance at the local agency or the retailer (i.e., verbally abusing, harassing, or threatening WIC or retailer staff, destroying retailer merchandise, or disrupting normal local agency or retailer activities)	1st	Warning letter
	2nd	Two-month disqualification
	3rd	Three-month disqualification
Attempting to redeem or redeeming WIC food instruments for unauthorized food, formula, or food amounts	1st	Warning letter
	2nd	Two-month disqualification
	3rd	Three-month disqualification
Allowing unauthorized persons to use the WIC ID Folder to pick-up or redeem WIC food instruments	1st	Warning letter
	2nd	Two-month disqualification
	3rd	Three-month disqualification

Redeeming WIC food instruments before or after valid spend dates	1st	Warning letter
	2nd	One-month disqualification
	3rd	Two-month disqualification
Attempting to redeem or redeeming food instruments at unauthorized retailers	1st	Warning letter
	2nd	One-month disqualification
	3rd	Two-month disqualification

Statutory Authority

§ 32.1-12 of the Code of Virginia; 7 CFR Part 246.

Historical Notes

Derived from Virginia Register Volume 24, Issue 19, eff. May 26, 2008; amended, Virginia Register Volume 29, Issue 12, eff. March 13, 2013; Volume 35, Issue 22, eff. July 24, 2019.

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