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 .0906 - DENIAL OR DISMISSAL OF A REQUEST

(1) the request is not received within 60 days of the date of notification of the action;

(2) the request is withdrawn in writing by the appellant or his or her representative;

(3) the request is verbally withdrawn by the appellant or the appellant's parent, caretaker, or any other person acting on his or her behalf during conversation with the agency Official. Within 10 days of this verbal withdrawal request the agency official shall send a letter to the appellant and the local WIC agency summarizing the events which lead to the withdrawal of the request. This letter shall include notification of the appellant's right to reinstate the request for a fair hearing;

(4) the appellant or the appellant's parent, caretaker, or any other person acting on his or her behalf fails to appear at the scheduled hearing, unless the failure to appear was due to circumstances beyond the control of the appellant or his or her representative;

(5) the request is made in reference to the tailoring of the food package; or

(6) the initial action assessing a claim for the cash value of improperly issued Program benefits or denying participation or disqualifying from the program has been reversed by the local WIC agency or the state agency, resulting in the provision of program benefits to the appellant.