Current through Register Vol. 49, No. 13, September 23, 2024
Subpart 1.
Return without payment.
The bank which processes WIC vouchers and cash-value vouchers
on behalf of the commissioner shall return a voucher or cash-value voucher to a
vendor without payment if:
A. the
voucher or cash-value voucher is not stamped with a vendor stamp;
B. the voucher or cash-value voucher is
stamped with a vendor stamp which is illegible;
C. the voucher or cash-value voucher is not
signed by a WIC customer;
D. the
space provided on the voucher or cash-value voucher for the price of the food
purchased is left blank by the vendor;
E. there is no first-day-to-use or
last-day-to-use date on the voucher or cash-value voucher;
F. the commissioner has placed a stop-payment
order on the voucher or cash-value voucher;
G. the date that the WIC customer used the
voucher or cash-value voucher to obtain food is before the first-day-to-use
date or after the last-day-to-use date on the voucher or cash-value
voucher;
H. the vendor deposits the
voucher or cash-value voucher before the first-day-to-use date on the voucher
or cash-value voucher;
I. the
vendor does not initially deposit the voucher or cash-value voucher in the
vendor's bank by the earlier of:
(1) 60 days
after the first-day-to-use date on the voucher or cash-value voucher;
or
(2) five days after the
effective date of the vendor's disqualification or termination;
J. the voucher or cash-value
voucher was returned to the vendor under item A or B and the vendor does not
redeposit the voucher or cash-value voucher in the vendor's bank by the earlier
of:
(1) 90 days after the first-day-to-use
date on the voucher or cash-value voucher; or
(2) five days after the effective date of the
vendor's disqualification or termination;
K. the first-day-to-use date, last-day-to-use
date, or food prescription on the voucher or cash-value voucher has been
altered; or
L. the voucher or
cash-value voucher is stamped with a vendor stamp other than a vendor stamp
issued to the vendor by the commissioner under part 4617.0070.
Subp. 1a.
Return with
credit.
Before this subpart applies, the commissioner shall give at
least two months' written notice to vendors. If the price of the food purchased
with a voucher or cash-value voucher exceeds the maximum price calculated by
the commissioner for that voucher or cash-value voucher under part 4617.0088,
subpart 1, the bank that processes WIC vouchers and cash-value vouchers on
behalf of the commissioner shall:
A.
return the voucher or cash-value voucher to the vendor;
B. not pay the price listed on the voucher or
cash-value voucher;
C. for a
voucher, credit the vendor in an amount equal to the maximum price calculated
by the commissioner under part 4617.0088, subpart 1, or for a cash-value
voucher, credit the vendor in an amount equal to the maximum price listed on
the cash-value voucher; and
D.
notwithstanding item C, not credit the vendor in any amount if the bank is
unable to credit the vendor because of the vendor's failure to comply with part
4617.0068, subpart 13, or failure to provide accurate information on the
vendor's most recent vendor application.
Subp. 2.
Payment of rejected vouchers
and cash-value vouchers.
A. A voucher
or cash-value voucher returned to a vendor under subpart 1, item A or B, may be
corrected by the vendor and redeposited in the vendor's bank within 90 days of
the first-day-to-use date on the voucher or cash-value voucher.
B. A voucher or cash-value voucher returned
to a vendor under subpart 1, item D or E, or for a reason not authorized by
this part, may be submitted by the vendor to the commissioner for payment if:
(1) the voucher or cash-value voucher is
received by the commissioner not more than 90 days after the first-day-to-use
date on the voucher or cash-value voucher; and
(2) for a voucher or cash-value voucher
returned to the vendor under subpart 1, item D, the vendor inserts the correct
price and provides to the commissioner documentation showing that the vendor
had failed to insert the correct price due to inadvertent error, oversight, or
some other reason not inconsistent with the purposes of this chapter.
Subp. 2a.
Bank
fees.
The commissioner is not liable for any bank fees incurred by
a vendor.
Subp. 3.
[Repealed, 29 SR 1202]
Subp. 4.
Vendor liability.
A vendor shall pay to the commissioner, within 30 days of a
request by the commissioner, the amount of any overcharges paid by the
commissioner to the vendor, the amount paid by the commissioner to the vendor
in excess of the maximum price of the voucher or cash-value voucher calculated
under part 4617.0088, subpart 1, the amount erroneously paid by the
commissioner to the vendor for a voucher or cash-value voucher that should have
been returned to the vendor without payment according to subpart 1, all money
paid by the commissioner to the vendor for food items not received by a WIC
customer, all money paid by the commissioner to the vendor for products other
than WIC-allowed foods, and all money paid by the commissioner to the vendor
for vouchers or cash-value vouchers accepted by the vendor while there was not
in effect a WIC vendor agreement for the vendor. If the vendor does not pay
these amounts within 90 days of the initial request by the commissioner, then,
in addition to any other sanction specified in this chapter, the vendor must
pay interest to the commissioner computed in the same manner that interest on
judgments is computed under Minnesota Statutes, section
549.09.
Subp. 5.
Prohibited vendor
conduct.
A vendor shall not seek reimbursement from any WIC customer
for a voucher or cash-value voucher not paid according to this part, for any
banking charges paid by the vendor as a result of the nonpayment of a voucher
or cash-value voucher, or for any money paid by the vendor to the commissioner
according to this part. A vendor shall not require a WIC customer to provide a
signature that was not provided at the time the voucher or cash-value voucher
was used to buy food from the vendor.
Statutory Authority: MS s
144.11;
145.891 to
145.897
