Administrative Code

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Virginia Administrative Code
Title 12. Health
Agency 5. Department of Health
Chapter 195. Virginia WIC Program
9/28/2020

12VAC5-195-650. Disqualification Administrative Actions.

A. Voluntary withdrawal or nonrenewal in lieu of disqualification is not permitted for documented mandatory federal violations. The state agency may only allow voluntary withdrawal or nonrenewal for state agency sanctions.

B. The state agency shall disqualify an authorized retailer for any of the following reasons:

1. Failure to comply with general requirements and conditions as established in the retailer agreement;

2. Failure to meet program requirements as documented during the compliance investigation process;

3. Reciprocal administrative action due to the retailer being disqualified from the Supplemental Nutrition Assistance Program;

4. Failure to pay a CMP or retailer claim within 20 calendar days after it is due or failure to pay an installment plan payment when due;

5. Provision of false, incomplete, inaccurate, or misleading information that affects the retailer's selection status;

6. Repeated failure to maintain the minimum stocking requirement; or

7. Failure to take documented remedial corrective actions.

C. The state agency shall notify the Supplemental Nutrition Assistance Program office of any WIC Program disqualifications taken against an authorized retailer location.

D. If an authorized retailer is disqualified primarily due to documented overcharges, participates in a full administrative review, and the adjudication officer's findings confirm that the disqualification actions taken by the state agency are appropriate, then a fine shall be assessed. A maximum administrative fine of $999 shall be assessed for two or more documented overcharges during a single investigation. If only one overcharge incident was documented during a single investigation, then a maximum fine of $500 shall be assessed. If the disqualification action does not involve any documented overcharges, then no fine shall be assessed.

Statutory Authority

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

Historical Notes

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

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