Wis. Admin. Code Department of Health Services DHS 149.07 - Action on application

(1) INITIAL AUTHORIZATION. Within 60 days after receipt by the state WIC office of a fully and accurately completed application for initial authorization, state WIC office staff shall approve or deny the application after doing all of the following:

(a) Determining whether the applicant for initial authorization meets the eligibility requirements under s. DHS 149.05.

(b) Conducting a preauthorization site visit if the applicant meets all of the application requirements and is eligible under ss. DHS 149.05 and 149.06 for authorization. During the preauthorization visit, staff of the state WIC office or the state WIC office designee shall determine whether all of the following requirements are being met:

1. The vendor meets the minimum stock requirement on shelves or in coolers in the customer area, unless otherwise specified in the agreement.

2. The vendor marks or affixes the prices of authorized food directly on food containers, on the shelves in close proximity to the food, or in the immediate area where the foods are kept in the customer area of the store.

3. The vendor's prices are substantially the same as those listed on the stock price survey submitted with the application for authorization.

4. The vendor maintains the grocery store or pharmacy in a clean, orderly, and safe condition.

5. The vendor's foods are fresh and do not have expired dates or codes of freshness use-by date in the customer area.

(c)

1. If all of the requirements of the preauthorization site visit are not met, the state WIC office may issue a corrective action plan. Following receipt of the corrective action plan, the vendor may submit information describing how the items in the correction action plan have been addressed and request a second preauthorization site visit.

2. If the vendor passes the second preauthorization site visit, the state WIC office shall proceed with the authorization process for the vendor.

3. If the vendor fails the second preauthorization site visit, the vendor may not submit a WIC vendor application until 6 months after the date of the denial of the first failed preauthorization site visit.

4. If the vendor does not submit the corrective action plan to the state WIC office within 6 months from the date of the notification of denial, the vendor shall file a new application.

(d) If the vendor meets the preauthorization site visit requirements, the vendor or the vendor's designee shall participate in a training session at a location designated by the state WIC office or the state WIC office designee.

(e) The state WIC office shall distribute the WIC vendor agreement and vendor stamp to the vendor upon satisfactory completion of the application requirements under this subsection and ss. DHS 149.05 and 149.06.

(2) RENEWAL AUTHORIZATION. Within 120 days after receipt by the state WIC office of a fully and accurately completed application for continued authorization as a vendor for a new contract period, the state WIC office shall either approve or deny the application for authorization.

(3) EXPIRATION OR TERMINATION OF AUTHORIZATION.

(a) Vendor authorizations shall expire on October 31, 2010 and every 3 years thereafter on October 31, regardless of the date initial authorization was granted, unless the vendor is earlier disqualified. A new application shall be submitted for each 3-year authorization period.

(b) Vendor authorization shall terminate automatically upon a change of ownership, including when the state WIC office determines that a change of location constitutes a change of ownership.

(4) DENIAL OF AUTHORIZATION.

(a) The state WIC office may deny vendor authorization for any one of the following reasons:

1. The vendor does not meet the requirements under sub. (1) or s. DHS 149.05 or 149.06. If the state WIC office determines that denying an application for authorization would inhibit participant access to WIC services, the state WIC office may waive any requirement for vendor eligibility for authorization.

2. The vendor does not comply with requirements of the WIC program, including federal and state statutes, local ordinances, or federal and state regulations relating to WIC program operation, or other food and nutrition service programs of the USDA.

3. The application contains false information.

4. The vendor is in violation of any other applicable federal, state, or local health protection laws or ordinances.

(b) If the state WIC office denies an application, the state WIC office shall give the vendor reasons for the denial in writing and inform the vendor of the right to appeal that decision under s. DHS 149.18.

Notes

Wis. Admin. Code Department of Health Services DHS 149.07

CR 07-115: cr. Register June 2008 No. 630, eff. 7-1-08.