Current through all regulations passed and filed through September 16, 2024
(A) The director shall authorize an applicant
to be a vendor by entering into a contract with an applicant that meets the
criteria established under this rule. The contract shall be for a term of no
more than three years. Unless otherwise provided in this rule, the contract
beginning date shall be consistent with paragraph (C) of this rule. Any sole
proprietorship, partnership, cooperative association, corporation, limited
liability company, or other business entity that owns and operates a grocery
store may apply to the director for authorization in accordance with this
rule.
(B) To apply for a contract,
an applicant or authorized representative of the applicant shall complete an
application packet prescribed by
the director via the online WIC Vendor Management
System. It is the applicant's responsibility to
ensure the
director's timely receipt of the application.
(1) A complete application must be
received by the director no
fewer than ninety days before the contract beginning date, as set forth in
paragraph (C) of this rule. Except as provided in paragraph (B)(2) of this
rule, if any part of the application is received by the director fewer than ninety days before the contract
beginning date, as set forth in paragraph (C) of this rule, the application
will be deemed incomplete and denied.
(2) If an application, which is complete
except for verification of food assistance program authorization, is received
by the director within the time period in paragraph (B)(1) of this rule, and
the applicant has a food assistance program application pending, the director
may consider the application for approval once verification of food assistance
program authorization is received even if received after the contract beginning
date in paragraph (C) of this rule.
(3) If the applicant does not own or operate
the business at the location that the applicant is proposing to contract as a
vendor at the time of application, the applicant may submit the application and
include the address of the location and the estimated opening date. The
director shall process the application to the extent possible and complete the
processing of the application upon the opening of the location. Once the
application has been fully processed, the director may contract with the
applicant for the location provided that the applicant complies with all other
requirements of the rule. The applicant may not transact or accept WIC
nutrition card benefits until notified that the location is an authorized
vendor.
(4) Notwithstanding the
application submission requirements set forth in paragraphs (B)(1) and (C) of
this rule, the director may approve a contract under any of the three
conditions set forth in this paragraph. The contract beginning date shall be
the date the contract is signed by the director, and shall expire at eleven
fifty-nine p.m. the day prior to the next contract beginning date specified in
paragraph (C) of this rule.
(a) A vendor in
good standing with the WIC and food assistance programs may apply at any time
to add a location to an existing contract if the proposed location is under the
same tax identification number or primary entity and the vendor has not been
denied a WIC contract at that location within the previous twelve
months.
(b) An applicant, who
purchases or otherwise acquires a grocery store or pharmacy that is a current
vendor location in good standing, may apply for a new WIC contract for that
location provided that the application meets all other requirements of this
rule and the director determines the purpose of the sale was not to circumvent
a WIC sanction.
(c) An applicant
who establishes a business operation within the last twelve months, and has not
been denied a contract during that time, but misses the application deadline
for that business location's region may request and submit an application
during the next available scheduled application contract period as set forth in
paragraph (B)(5) of this rule. The director shall enter into a contract with
the applicant if the application is received timely as set forth in paragraph
(B)(1) of this rule, and meets all contracting criteria as set forth in
paragraph (D) of this rule, and the addition of the business location will not
exceed the maximum vendor locations for the state, as determined in accordance
with paragraph (E) of this rule. The contract shall expire at eleven fifty-nine
p.m. the day prior to the next three year contract beginning date specified for
that business location's designated region set forth in paragraph (C) of this
rule.
(5) The director
may accept applications for a contract to begin in one year increments from the
contract beginning date specified in paragraph (C) of this rule for that
region. Approved applications are referred to as pick-up contracts and shall expire
at eleven fifty-nine p.m. the day prior to the next contract beginning date
specified for that region.
(C) The regions and contract beginning dates
are
as follows:
(1) Region one
includes the following: Allen, Ashland, Auglaize,
Crawford, Defiance, Delaware, Erie, Fulton, Hancock, Hardin, Henry, Huron,
Knox, Lorain, Lucas, Marion, Morrow, Ottawa, Paulding, Putnam, Richland,
Sandusky, Seneca, Union, Van Wert, Williams, Wood, and Wyandot counties.
The three-year contract beginning date for vendors in region
one shall be July first 2023 and every third July first thereafter.
(2) Region two
includes the following: Ashtabula, Columbiana,
Cuyahoga, Geauga, Lake, Mahoning, Medina, Portage, Stark, Summit, Trumbull, and
Wayne counties. The three-year contract beginning date for vendors in region
two shall be July first 2022 and every third July first thereafter.
(3) Region three includes
the following: Adams, Brown, Butler, Champaign, Clark, Clermont, Clinton,
Darke, Fayette, Greene, Hamilton, Highland, Logan, Madison, Mercer, Miami,
Montgomery, Preble, Shelby, and Warren counties. The three-year contract
beginning date for region three shall be January first
2023 and
every third January first thereafter.
(4) Region four includes
the following: Athens, Belmont, Carroll, Coshocton, Fairfield, Franklin,
Gallia, Guernsey, Harrison, Hocking, Holmes, Jackson, Jefferson, Lawrence,
Licking, Meigs, Monroe, Morgan, Muskingum, Noble, Perry, Pickaway, Pike, Ross,
Scioto, Tuscarawas, Vinton, and Washington counties. The three-year contract
beginning date for region four shall be January first
2024 and
every third January first thereafter.
(D) The director shall enter into a contract
with an applicant if the application was received timely, meets all of the
following criteria and the addition of the location will not exceed the maximum
locations for the state, as determined in accordance with paragraph (E) of this
rule:
(1) The application contains truthful
and accurate information and is signed by an authorized representative. The
application shall include:
(a) Sufficient IRS
documentation of his or her current federal employer identification number.
Sufficient documentation shall include a current United States internal revenue
service (IRS) deposit coupon, letter or mailing label that contains both the
IRS insignia and the applicant's federal employer identification
number;
(b) Properly completed EFT
form with a copy of a voided check or a letter of account verification from the
applicant's financial institution for each location receiving
reimbursement;
(c) Verification of
the applicant's current food assistance program authorization;
(d) Verification that infant formula is
purchased from an entity included on the WIC infant formula supplier
list;
(e) Verification of good
standing with the Ohio secretary of state's office, if applicable;
(f) Copy of valid state issued driver's
license, state issued identification card, or passport containing a photograph
of the individual(s) signing the application; and
(g) Any other documentation or information
requested by the director.
(2) The applicant or one or more
representatives of the applicant from each proposed location attends a training
session at the time and place set by the department.
(3) The proposed location is in compliance
with the minimum authorized food stocking requirement set forth in rule
3701-42-05 of the Administrative
Code.
(4) The proposed location
must grant access to the WIC program staff to complete the required
preauthorization site visit during the hours of operation specified on the
application. Failure to allow WIC program staff to enter the premises during
business hours, as stated on the application, may be grounds to deny the
contract;
(5) The applicant, if a
current vendor, during the one year period prior to the contract beginning date
as set forth in paragraph (C) of this rule had WIC sales of less than fifty per
cent of gross food sales.
(6)
Neither the applicant nor any of the applicant's current owners, officers,
members or managers, is currently under disqualification from the WIC program
or under disqualification, suspension, or withdrawal from the food assistance
program.
(7) If the applicant was
assessed a food assistance program civil money penalty in lieu of
disqualification, the disqualification period that would have been imposed has
expired.
(8) The applicant has paid
in full or is current in payment of any money owed to the department.
(9) During the three years prior to the
contract beginning date set forth in paragraph (C) of this rule, the applicant
has not been disqualified as a licensed lottery sales agent, had a lottery
sales agent license suspended or revoked pursuant to Chapter 3770. of the
Revised Code.
(10) During the three
years prior to the contract beginning date set forth in paragraph (C) of this
rule, neither the applicant nor a current or former employee of the applicant,
while not an authorized vendor, transacted WIC nutrition cards at any time
including during the pendency of any administrative review, abbreviated review
or other administrative or court proceeding.
(11) During the six years prior to the
contract beginning date set forth in paragraph (C) of this rule, neither the
applicant nor any of the applicant's current owners, officers, members, or
managers, have been convicted of or had a civil judgment entered against them
for any activity indicating a lack of business integrity. Activities indicating
a lack of business integrity include but are not limited to, fraud, antitrust
violations, embezzlement, theft, forgery, bribery, falsification or destruction
of records, making false statements, receiving stolen property, making false
claims, obstruction of justice, tax evasion, wire fraud, mail fraud, selling
illegal substances, or sales of drug paraphernalia.
(12) Upon request by the director, the
applicant provides proof of any necessary local license, other regulatory
approval to operate at each location specified in the application, or other
documents to substantiate compliance with this rule. The director may, at any
time, require from any applicant or vendor, additional documentation.
(13) Entering into a contract will not create
a conflict of interest as defined by applicable state laws, regulations, and
policies between the applicant and the state agency or its local
agencies.
(14) Each location at
which the applicant proposes to provide authorized foods is a fixed and
permanent business location, is not at an address or within a building where
WIC nutrition cards are distributed and is open to the general public for the
purchase of food items.
(E) The director shall not approve contracts
that would exceed the maximum number of locations for the state as established
each year on January first. If the director receives a number of applications
for locations that meet all of the criteria set forth in paragraph (D) of this
rule but, if all were approved, would exceed the maximum number of locations as
determined by this rule, the director shall enter into a number of contracts
not exceeding the maximum number of locations in accordance with the following
requirements: .
(1) The director shall
contract with those applicants for locations to operate within the state, that
have the lowest total price for authorized food items specifically selected for
comparison by the director. For applicants that are not current vendors, the
director shall develop a price survey and identify on the survey selected
authorized food in a specified size, type, and brand that will be used for
comparison of prices. If the applicant does not complete the price survey or
does not stock a specific item, the director shall assign a price for the item
not completed on the survey by deeming the price to be the highest price
reported by other applicants in the state.
(2) If two or more applicants have the same
total price, but all cannot receive a contract because the maximum number of
locations would be exceeded, the director shall give priority to those
locations that accept manufacturer coupons and discount cards.
(3) If two or more applicants have the same
total price and accept manufacturer coupons and discount cards, but all cannot
receive a contract because the maximum number of locations would be exceeded,
the director shall approve locations in the order the properly completed
applications were received or post marked.
(F) Notwithstanding paragraphs (B) to (E) of
this rule, the director may contract with an applicant that has a current food
assistance program certificate if the director determines that the locations
proposed by the applicant are needed to provide participants with appropriate
access to authorized foods.
(G)
Before the director enters into a contract with an applicant, the department
shall conduct an unannounced preauthorization site visit of each proposed
location to determine compliance with rule
3701-42-05 of the Administrative
Code.
(H) Except as otherwise
provided in this rule, the director shall deny an application for authorization
as a vendor if any of the criteria specified in paragraph (D) of this rule are
not met. The director may impose a civil money penalty in lieu of denying an
application if the director determines that it is in the best interest of the
WIC program. The amount of the civil money penalty shall not exceed two
thousand five hundred dollars.
(I)
The director may deny a vendor application if the applicant has a history of
noncompliance with the requirements of this chapter of the Administrative Code
or if the director determines that the applicant provided false information in
connection with its application.
(J) If vendor has been charged or indicted by
another agency during the contract application period, WIC reserves the right
to defer processing the application until the investigation or prosecution is
complete.
(K)
All authorized vendors are required to
have an Ohio WIC program smartcard certified EBT
system installed and operational prior to
contract effective date. The system shall be installed and maintained at the
vendor's expense for the length of the
contract.
(L) The contract
does not become effective until signed by the applicant or applicant's
authorized representative and the director.
