Current through Register Vol. 24, December 20, 2024
(1) The department will conduct periodic
reviews of the qualifications of authorized local agencies under its
jurisdiction. In conducting such reviews, the department will consider the
program's history of prior program performance and the factors listed in (2).
Based upon the results of such reviews, the department may make appropriate
adjustments among the participating local agencies, including the
disqualification of a local agency when the department determines that another
local agency can operate the program more effectively and efficiently. The
department must implement the procedures established in (3) when disqualifying
a local agency.
(2) The department
may disqualify a local agency upon consideration of:
(a) noncompliance with program
rules;
(b) sufficiency of
department funds to support the continued operation of all its existing local
agencies at their current participation level;
(c) whether, following a review of local
agency credentials in accordance with (4), another local agency can operate the
program more effectively and efficiently;
(d) the availability of other community
resources to participants and the cost efficiency and cost effectiveness of the
local agency in terms of both food and administrative and program services
costs;
(e) the percentages of
participants in each priority level being served by the local agency and the
percentage of need being met in each participant category;
(f) the relative position of the area or
special population served by the local agency in the affirmative action
plan;
(g) the local agency's place
in the priority system established in
7 CFR
246.5 (d)(1); or
(h) the capability of another local agency or
agencies to accept the local agency's participants.
(3) When disqualifying a local agency under
the program, the department must:
(a) make
every effort to transfer affected participants to another local agency without
disruption of benefits;
(b) provide
the affected local agency with written notice not less than 60 days in advance
of the pending action; the notice must include an explanation of the reasons
for disqualification, the date of disqualification, and, except in cases of the
expiration of a local agency's agreement, the local agency's right to appeal as
set forth in
7 CFR
246.18; and
(c) ensure that the action is not in conflict
with any existing written agreements between the department and the local
agency.
(4) The
department adopts and incorporates by reference the following:
(a)
7 CFR
246.18, which is a federal agency rule
setting forth the notice and hearing procedures for local agencies, retailers,
and farmers who are denied participation or are disqualified from the program;
and
(b)
7 CFR
246.5 (d)(1), which is a federal agency rule
setting forth the priority system for selection of local agencies.
(c) Copies of
7 CFR
246.18 and
7 CFR
246.5 (d)(1) may be obtained from the
Department of Public Health and Human Services, Special Supplemental Nutrition
Program for Women, Infants & Children (WIC), P.O. Box 202951, Helena, MT
59620-2951.
50-1-202,
MCA; IMP,
50-1-202,
MCA;
