Current through Register Vol. 49, No. 13, September 23, 2024
Subpart 1.
Procedures for appeals by applicants and participants.
A. An applicant or participant may appeal an
action which results in a claim for repayment of the cash value of vouchers and
cash-value vouchers redeemed in violation of Code of Federal Regulations, title
7, part 246, or this chapter; a finding of ineligibility; the denial of
benefits; or disqualification from the program.
B. An appeal by or on behalf of an applicant
or participant must be received by the commissioner not more than 60 days after
notice of adverse action was mailed or given to the applicant or participant or
the applicant's or participant's parent or legal guardian.
C. An appeal by an applicant or participant
of an action cited in item A will be decided according to this part and
procedures established by the commissioner according to Code of Federal
Regulations, title 7, part 246.9, and approved by USDA in the state plan
submitted by the commissioner.
Subp.
1a.
Procedures for appeals by local agencies, local agency
applicants, vendors, and vendor applicants.
A. A local agency, local agency applicant,
vendor, or vendor applicant against whom the commissioner takes adverse action
that affects participation in the WIC program may appeal the action, except
that the following actions by the commissioner are not subject to appeal:
(1) a notice of violation under part
4617.0084 is not subject to appeal unless the violation results in the vendor's
disqualification, the termination of the vendor agreement, a civil money
penalty imposed on the vendor, or denial of the vendor's reauthorization
application;
(2) disqualification
under part 4617.0084, subpart 10, item A;
(3) the commissioner's determination of
whether disqualification would result in inadequate participant access under
part 4617.0084, subpart 15; or
(4)
the commissioner's return of an application to a vendor applicant under part
4617.0065, subpart 3, item C or E; or 4617.0066, subpart 3, item B.
The denial of a vendor application for the vendor applicant's
failure to meet the requirement of part 4617.0067, subpart 6, item C, subitem
(3), is subject to appeal. The validity and appropriateness of the criteria
referenced in part 4617.0067, subpart 6, item C, subitem (3), are not subject
to administrative review.
B. An appeal by a vendor, vendor applicant,
local agency, or local agency applicant must be in writing and be received by
the commissioner not more than 30 days after notice of adverse action was
mailed. An appeal by a local agency, local agency applicant, vendor, or vendor
applicant must be decided according to this part; parts 1400.5100 to 1400.8401;
Minnesota Statutes, sections
14.57
to
14.62; and Code
of Federal Regulations, title 7, section
246.18, as
amended. Expiration of a contract or agreement with a local agency or vendor is
not subject to appeal.
C. All
appeals by local agencies and local agency applicants are subject to full
administrative reviews under item D. Appeals by vendors and vendor applicants
are subject to full administrative reviews under item D, except that appeals of
the following actions by the commissioner are subject to abbreviated
administrative reviews under item E:
(1)
denial of authorization based on the vendor applicant's failure to comply with
part 4617.0067, subpart 6, item B; C, subitems (1) and
(2) ; D; or E, subitem (1);
(2) termination of a vendor agreement under
part 4617.0066, subpart 2; and
(3)
disqualification of a vendor under part 4617.0084, subpart 2 or 10, item
B.
D. Full
administrative reviews shall be conducted under the contested case provisions
of the Minnesota Administrative Procedure Act, Minnesota Statutes, chapter 14,
and rules adopted thereunder. The commissioner shall provide an appellant not
less than ten days' advance written notice of the time and place of a hearing.
The appellant must be given one opportunity to request that a hearing date be
rescheduled.
E. Abbreviated
administrative reviews shall be conducted in writing, without a hearing,
according to the following procedures in subitems (1) to (3).
(1) The commissioner shall appoint a decision
maker who had no involvement in the initial determination to take adverse
action against the vendor.
(2)
After receiving the appellant's appeal, the decision maker shall notify the
appellant and the WIC program who the decision maker is and shall require the
WIC program to mail to the appellant and provide to the decision maker a letter
setting forth the WIC program's basis for the action being appealed, attaching
copies of any supporting documentation. The appellant shall then have 30 days
to serve on the WIC program and file with the decision maker a written response
to the WIC program's letter, along with any documentation to support the
response. The appellant and the WIC program may be, but need not be,
represented by counsel.
(3) The
decision maker shall determine whether to uphold the WIC program's action based
solely on whether the WIC program has correctly applied federal and state
statutes, rules, regulations, policies, and procedures governing the WIC
program, according to the information provided to the appellant concerning the
cause for the adverse action and the appellant's response. The decision maker
shall notify the WIC program and the appellant in writing of the decision
maker's determination, including the basis for the determination. If the
decision maker is unable to make a determination on the basis of the
information filed, the decision maker shall notify the WIC program and the
appellant that the procedures described in item D should be followed in
connection with the appeal.
Subp. 2.
Judicial review.
An applicant, participant, local agency, local agency
applicant, vendor, or vendor applicant aggrieved by the decision of the
commissioner or other decision maker on an appeal is entitled to a judicial
review of the decision under Minnesota Statutes, sections
14.63 to
14.69.
Subp. 3.
Burden of
proof.
A local agency applicant or vendor applicant that appeals the
commissioner's denial of an application to participate has the burden of
proving the facts at issue by a preponderance of the evidence. When an
applicant, participant, local agency, or vendor appeals a disqualification or
other sanction, the commissioner has the burden of proof.