New Mexico Administrative Code
Title 7 - HEALTH
Chapter 31 - HEALTH NUTRITION PROGRAMS
Part 2 - SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN INFANTS AND CHILDREN VENDOR REQUIREMENTS
Section 7.31.2.22 - DISPUTE RESOLUTION/WAIVER OF SANCTIONS
Current through Register Vol. 35, No. 18, September 24, 2024
A. ALTERNATIVE DISPUTE RESOLUTION: If it finds that a vendor has committed an offense warranting sanctions, the State WIC Office may elect to issue a warning letter to the vendor, specifying a time frame and requirements for cure of the deficiency(ies). Timely compliance shall operate to purge the vendor of the offense. Exercise of this option by the State WIC Office shall not constitute a waiver of the Office's right to sanction the vendor for the same or similar offenses in the future, nor of the right to sanction other vendors for any offense(s) at any time.
B. CIVIL MONETARY PENALTY IN LIEU OF DISQUALIFICATION: The State WIC Office may elect to offer a vendor the option of payment of monetary penalties not to exceed $10,000 per violation up to a maximum of $40,000 for violations investigated as part of a single investigation, or such lesser amounts as may be deemed reasonable and appropriate considering the nature and severity of the offense(s), in lieu of outright disqualification from the program.
C. WAIVER OF SANCTIONS: For good cause or exigent circumstances, the State WIC Office may waive imposition of sanctions for offenses. Such waiver shall not constitute a waiver of the Office's right to impose sanctions for the same violation on the same vendor at a future time, nor to waive the Office's right to impose sanctions on other vendors for the same offense at any time.