New Hampshire Code of Administrative Rules
He - Department of Health and Human Services
Subtitle He-P - Former Division of Public Health Services
Chapter He-P 3200 - SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS AND CHILDREN (WIC)
Part He-P 3208 - NOTICES AND APPEAL
Section He-P 3208.03 - Vendors

Universal Citation: NH Admin Rules He-P 3208.03

Current through Register No. 40, October 3, 2024

(a) Administrative appeal procedures for vendors shall comply with the administrative review process as described in 7 CFR 246.18 and the administrative appeal process as described in He-C 200.

(b) In accordance with 7 CFR 246.18(a) (2) , except for disqualifications based on violations described in He-P 3207.03(h) (1) which shall become effective within 15 days of receipt of the notice of adverse action, the vendor shall be provided 15 days to request an administrative appeal after receipt of the notice.

(c) Disqualification of a vendor from SNAP in accordance with 7 CFR 246.12(l) (1) (vii) shall result in disqualification from the WIC program.

(d) Disqualification from the WIC program, in accordance with (c) above, shall not be subject to federal, administrative, or judicial appeal under WIC program rules in accordance with 7 CFR 246.12(l) (1) (vii) .

(e) In accordance with 7 CFR 246.18(b) (4) , vendors shall have at least one opportunity to reschedule a previously scheduled hearing. In doing so, the vendor shall waive the right to a decision pursuant to the timeline in (f) below.

(f) Within 90 days of receiving the vendor request for an administrative appeal, the department shall provide the vendor with a written notification of the appeal decision.

(g) In accordance with 7 CFR 246.18(a) (2) and 7 CFR 246.18(e), the sanctions shall be effective on the date the vendor receives written notification of the appeal decision if the adverse action has not previously taken effect.

(h) The department shall not be responsible for losses incurred by the vendor as a result of adverse action taken by the department.

(i) A full administrative appeal shall be provided for the following, if an appeal is requested:

(1) Denial of authorization based on failure to meet federal or department established vendor selection criteria as described in He-P 3205.01;

(2) Termination of an agreement for noncompliance or cause;

(3) Any disqualification of a vendor by the department, including:

a. Disqualification based on the imposition of a SNAP civil money penalty for hardship;

b. Disqualification based on a mandatory sanction imposed by another WIC agency in another state; and

c. Disqualification based on He-P 3207.03(h) (1) ; and

(4) Imposition of a civil money penalty in lieu of disqualification by the department.

(j) In accordance with 7 CFR 246.18(a) (1) (iii) , the following shall not be subject to administrative appeals:

(1) The department's determination of whether or not a vendor had an effective policy and program in effect to prevent trafficking and whether the vendor was aware, had approved of, or was involved in the violation;

(2) The validity or appropriateness of the department's vendor selection criteria listed in He-P 3205.01;

(3) The validity or appropriateness of the department's criteria for determining whether an applicant vendor or authorized vendor's annual revenue from sales of WIC-approved food meets the "above 50 percent" threshold, as defined in He-P 3201.01(a) ;

(4) The validity or appropriateness of the department's participant access criteria and the department's inadequate participant access determinations as defined in He-P 3201.01(w) and He-P 3205.01(b) (18) ;

(5) WIC disqualification based on SNAP disqualification;

(6) Expiration of the vendor agreement; or

(7) Disputes regarding food benefit payments and claims.

#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

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