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 .0907 - CONTINUATION OF BENEFITS

Universal Citation: 10A NC Admin Code 43D .0907

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

(a) WIC program benefits shall be continued during the appeal of the following actions when the request for a hearing is received within 15 days of notification of the action:

(1) disqualification from the program for abuse during a certification period;

(2) determination of ineligibility during a certification period due to categorical ineligibility or residential ineligibility; or

(3) other terminations during a certification period.

(b) WIC program benefits shall not be continued when a fair hearing is requested:

(1) in any of the situations in Paragraph (a) of this Rule if the request is made more than 15 days after the date of notification; or

(2) by applicants who are denied benefits at the initial or subsequent determination of WIC eligibility if the previous certification period has expired.

(c) When benefits are continued due to a request for a fair hearing as specified above, the individual shall continue to receive benefits until an adverse hearing decision is reached or the certification period expires, whichever occurs first.

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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