Current through Register No. 40, October 3, 2024
(a) Participant
sanctions shall be as follows:
(1) All
periods of suspension, termination, or disqualification shall commence with the
next one-month benefit issuance following notice to the participant provided
that the food package for that month will be prorated in accordance with these
rules should the next set of food benefits be provided during the notice
period;
(2) If a period of
suspension exceeds the expiration of the current certification period, the
participant shall be disqualified from reapplication until the period of
suspension has been completed;
(3)
The actions of a participant, a parent, or caretaker of an infant or child
participant, a proxy, or an eWIC cardholder shall be binding on the participant
in the determination of violations and imposition of sanctions;
(4) Sanctions shall only be imposed on those
participants for whom the evidence supports the sanction and not to all
participating family members, even though the violations might have been
committed with food benefits issued to one member;
(5) When more than one violation is involved,
the sanction shall be based on the highest category violation;
(6) Excluding (h) and (i) below, if a local
agency competent professional authority submits a recommendation stating that
the imposition of the disqualification would create an extreme nutritional
hardship for the participant, the department shall waive a disqualification
provided such waiver does not conflict with
RSA
132:12-a, II;
(7) The competent professional authority's
recommendation described in (a) (6) above shall be made in writing to the
department;
(8) The department
shall grant or deny a waiver, requested in accordance with (a) (6) and (a) (7)
above, within 15 days; and
(9)
When a waiver has been requested, sanctions shall not be imposed pending waiver
decision.
(b) Category I
violations shall include actions related to misuse of program benefits or
disruptive participant behavior such as:
(1)
Failure to follow proper redemption procedures such as:
a. Attempting to purchase WIC food benefits
without an eWIC card present; or
b.
Attempting to purchase or purchasing non-WIC approved benefit or foods not
available on the family's benefit list; and
(2) Behavior within a store or WIC clinic
that is disruptive but not abusive or threatening.
(c) Category I violations shall be subject to
the following sanctions:
(1) Written warning
for the first occurrence within a 12-month period, unless a violation of
Category II (d) (1) below for abusive behavior has been issued within a
12-month period, then (e) (2) below shall be implemented;
(2) A one-month suspension for the second
occurrence within a 12-month period following warning;
(3) A 3-month disqualification for the third
occurrence within a 12-month period following a one-month suspension for the
second occurrence; and
(4) A
participant disqualified for a Category I violation but for whom
disqualification has been waived in accordance with (a) (6) and (a) (7) above
shall be issued food benefits on a monthly basis for a 3-month period beginning
at the next food benefit pickup or certification.
(d) Category II violations shall include
actions related to more serious misuse of program benefits or abusive
participant behavior such as:
(1) Abusive or
threatening behavior that includes, for example, swearing, hitting, or
threatening over the phone, within a store, or at a WIC clinic, that is
directed towards WIC staff, retail vendors, or other WIC participants;
and
(2) Purchasing non-WIC-approved
foods.
(e) Category II
violations shall be subject to the following sanctions:
(1) Written warning for the first actual or
attempted occurrence;
(2) A
3-month disqualification for any subsequent actual or attempted occurrence
within a 12-month period following warning; and
(3) A participant disqualified for a Category
II violation, but for whom disqualification has been waived in accordance with
(a) (6) and (a) (7) above shall be issued food benefits on a monthly basis for
a 3-month period beginning at the next food benefit pickup or
certification.
(f)
Category III violations shall include actions related to fraud or abuse of the
WIC program such as:
(1) Misrepresentation of
eligibility for program benefits;
(2) Purchase of non-food items;
(3) Purchase of alcohol or tobacco
products;
(4) Exchange of WIC
benefits for cash or credit from retail vendors;
(5) Sale, attempted sale, or exchange of WIC
foods, WIC formula, or an eWIC card for cash, goods, or services; and
(6) Returning WIC foods or WIC formula to
non-authorized retail store(s) for cash or store credit.
(g) Category III violations shall be subject
to the following sanctions:
(1) A 3-month
disqualification for any actual or attempted occurrence, except as allowed by
(j); and
(2) A participant
disqualified for a Category III violation, but for whom disqualification has
been waived in accordance with (a) (6) and (a) (7) above, shall be issued food
benefits on a monthly basis for a 3-month period beginning at the next food
benefit issuance or certification.
(h) Except as allowed by (j) below, the
department shall disqualify a participant for one year in accordance with
7 CFR 246.12(u) (2)
when:
(1)
There is dual participation as defined in
7 CFR
246.2;
(2) The department determines that program
benefits have been obtained or disposed of improperly and these benefits total
more than $100.00; or
(3) There is
a second or subsequent demand for repayment of any amount.
(i) The department shall collect improperly
obtained benefits when there is a loss of funds as follows:
(1) In accordance with
7 CFR 246.23(c) (1)
, the department shall demand repayment, in
writing, from the participant or parent or caretaker of an infant or child
participant equal to the full value of these benefits;
(2) The department shall issue a second
demand for repayment if full restitution is not made or a repayment schedule is
not agreed upon within 30 days of receipt of the demand for repayment as
described in (i) (1) above; and
(3)
If no written or oral response has been received from the participant or parent
or caretaker of an infant or child participant after the second demand for
repayment as described in (i) (2) above, the department shall refer the matter
to the New Hampshire department of justice.
(j) The department shall permit the
participant to continue participation in lieu of a mandatory disqualification
when:
(1) Full restitution is made within 30
days;
(2) A payment plan is agreed
to within 30 days of receipt of the letter demanding repayment; or
(3) For participants under the age of 18 and
infant and child participants, the department approves proxies.
(k) If full restitution is made or
a repayment schedule is agreed upon before the end of a mandatory
disqualification period as described in (j) above, the department shall allow a
disqualified participant to reapply for the program.
(l) Failure to make full and timely payment,
as agreed upon in (j) or (k) above, shall result in disqualification for the
remaining disqualification period established in the original disqualification
notice.
#4518, eff 10-28-88; EXPIRED 10-28-94
New. #6226, eff 4-24-96; ss by
#7489, eff 5-11-01; ss by #7774, eff 10-8-02; ss by #8580, eff 3-11-06; ss by
#9556, eff 10-1-09
