North Carolina Administrative Code
Title 10A - HEALTH AND HUMAN SERVICES
Chapter 43 - PERSONAL HEALTH
Subchapter D - WIC/NUTRITION
Section .0900 - WIC PROGRAM PARTICIPANT FAIR HEARINGS
Section 43D .0904 - NOTIFICATION OF THE RIGHT TO A FAIR HEARING

Universal Citation: 10A NC Admin Code 43D .0904

Current through Register Vol. 39, No. 6, September 16, 2024

(a) Every current or potential WIC participant shall be informed by the local WIC agency of his or her right to a fair hearing:

(1) in writing at the time of application;

(2) in writing whenever he or she is determined ineligible;

(3) in writing if disqualified due to abuse of the program;

(4) in writing at the time of assessment of a claim for repayment of the cash value of improperly issued Program benefits; and

(5) orally or in writing at least 15 days before the expiration of each certification period.

(b) The content of the notice of fair hearing shall include:

(1) a statement of the right to a fair hearing;

(2) the method by which a fair hearing may be requested, including the time limit; and

(3) who may represent the individual.

(c) In order to notify current and potential participants of the fair hearing process, a simplified summary of the steps involved in obtaining a fair hearing shall be posted in a visible place at every WIC site where certifications are performed, food instruments are issued or applications are accepted. This notification shall contain:

(1) notice of right to a fair hearing;

(2) a simplified explanation of the definition and purpose of a fair hearing;

(3) the method by which a fair hearing may be requested, including the time limit; and

(4) who may represent the individual at the fair hearing and in requesting a fair hearing.

Authority G.S. 130A-361; 150B-22; 7 C.F.R. 246.9; 42 U.S.C. 1786;
Eff. July 1, 1981;
Temporary Amendment Eff. July 1, 2002;
Amended Eff. July 1, 2004;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. December 23, 2017.

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