Administrative Code

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Virginia Administrative Code
Title 12. Health
Agency 5. Department of Health
Chapter 195. Virginia WIC Program
6/16/2024

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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