Wash. Admin. Code § 246-790-105 - Failure to meet WIC program requirements
(1) When an authorized vendor is out of
compliance with the requirements of
7 C.F.R.
246.12, this chapter, or the contract, the
department will initiate appropriate enforcement action which may include
notices of violation, unless the department determines that notification would
compromise the investigation; claims for reimbursement; and sanctions as set
forth in the applicable federal regulations or the contract.
(2) Where a violation requires
disqualification, the department may impose a civil penalty in lieu of
disqualification if the department determines, in its sole discretion and in
accordance with the department's participant access criteria, that the
continued operation of the store is necessary to assure adequate participant
access.
(3) An authorized vendor's
contract is terminated on the effective date of a disqualification. A
multistore vendor's contract shall be amended to remove only the disqualified
store on the effective date of disqualification.
(4) Where a sanction requires a pattern of
violations, a "pattern" is established by three separate documented incidents
of the same federal or state contract violation identified during a single
contract period.
(5) A disqualified
vendor may reapply at the end of the disqualification period.
(6) The department will document complaints
against authorized vendors and any resulting corrective action.
(7) The effective date of all sanctions is
twenty-eight days after an authorized vendor receives notice of the
department's decision to impose sanctions, unless otherwise specified in this
chapter, the contract, or in the department's notice. The department, in its
sole discretion, may temporarily suspend the contract in lieu of termination to
resolve any uncertain matters, including appeals.
Notes
Statutory Authority: RCW 43.70.120. 11-23-125, § 246-790-105, filed 11/21/11, effective 12/22/11.
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