Current through Register Vol. 54, No. 44, November 2, 2024
(a)
Duration of authorization or
reauthorization. To serve as a WIC authorized store, a store shall be
authorized in accordance with subsection (b) or reauthorized in accordance with
subsection (c). A store's authorization or reauthorization shall remain in
effect until the Department acts on the store's application for reauthorization
when the next periodic review is conducted in the trade area in which the store
is located, unless terminated earlier in accordance with subsection (d). At
least once every 3 years, the Department will conduct a periodic review in each
trade area. Failure to submit an application for reauthorization as prescribed
under subsection (c) shall result in expiration of the store's authorization or
reauthorization. The Department will provide 30 days written notice to the
store prior to expiration of authorization or reauthorization for any store
failing to submit an application. A store that has received a letter of
authorization dated less than 60 days prior to the date of the notice of the
periodic review in the store's trade area shall be exempt from the periodic
review.
(b)
Authorization
process.
(1) The store's
representative shall contact the local agency responsible for the trade area
where the store is located to request an application for authorization. The
local agency shall send WIC Program information and an application for
authorization to the store. The store shall complete the application for
authorization and return it to the local agency.
(2) The Department will refuse to accept an
application from a store if the store has been provided notice of
disqualification or is disqualified from the WIC Program, if the Department
determines that the store relocated or effected a change of ownership to avoid
a disqualification, or if the store has been denied authorization or
reauthorization and is not eligible to apply for authorization.
(3) The Department will not accept an
application for authorization less than 90 days prior to the scheduled start
date of the periodic review in that trade area unless the Department finds that
there would be inadequate participant access, as set forth in §
1103.7 (relating to inadequate
participant access), if it does not consider the application.
(4) If the store's application for
authorization is accepted, the local agency shall schedule, as expeditiously as
possible, an announced onsite review of the store to determine if the store
meets the selection criteria in §
1103.4 (relating to selection
criteria for authorization and reauthorization). The local agency shall notify
the store in advance of the approximate date of the review.
(5) The Department may request from the store
any information necessary for the Department to determine whether the store
qualifies as an above-50-percent-store. This information may include official
State and Federal Income Tax filings, official State Sales Tax records,
inventory purchase records, sales records or a self-declaration from the
applicant.
(6) The local agency
shall conduct the onsite review and forward the results to the Department for a
decision on the store's application.
(7) The Department will deny the application
if the selection criteria in §
1103.4 are not satisfied, unless
the Department grants probationary authorization under §
1103.2 (relating to probationary
authorization). The Department will notify the store in writing whether the
store's application for authorization is granted or denied. If the Department
denies the application for authorization, the store shall be eligible to
reapply for authorization 6 months after the effective date of the
denial.
(c)
Reauthorization process.
(1)
The Department will include an application for reauthorization with the notice
of periodic review it sends to the store. The local agency will collect the
application for reauthorization at the time of the announced onsite review of
the store to determine if the store meets the selection criteria in §
1103.4. The local agency shall
notify the store in advance of the approximate date of the review.
(2) The Department may request from the store
any information necessary for the Department to determine whether the store
qualifies as an above-50-percent-store. This information may include official
State and Federal Income Tax filings, Official State Sales Tax records,
inventory purchase records, sales records or a self-declaration from the
applicant.
(3) The local agency
shall conduct the onsite review and forward the results to the Department for a
decision on the store's application.
(4) The Department will deny the application
without advance warning if the selection criteria in §
1103.4 are not satisfied, unless
the store requests and the Department grants temporary authorization in
accordance with §
1103.3 (relating to temporary
authorization) or the Department grants probationary authorization in
accordance with §
1103.2. The Department will notify
the store in writing whether the store's application for reauthorization is
granted or denied. If the Department denies the application for
reauthorization, the store shall be eligible to apply for authorization 6
months after the effective date of the denial. If the Department grants and
later rescinds temporary authorization, the store shall be eligible to apply
for authorization 1 year from the date of the first onsite review for
reauthorization.
(d)
Termination of authorization or reauthorization. The
Department will terminate a store's authorization or reauthorization if:
(1) The store has been
disqualified.
(2) The store
supplied false information in the application for authorization or
reauthorization.
(3) The store is
not serving at least 25 participants 8 months following
authorization.
(4) Ownership of the
store changes
(5) The store
relocates in excess of 1 mile of its current location and to a geographical
area assigned to another local agency.
(6) The store closes for more than 3 business
days and does not notify the Department.
(7) The Department does not receive from the
store, within 20 calendar days of the store's receipt of a written notice from
the Department, the information the Department has requested necessary for it
to determine whether the store qualifies as an
above-50-percent-store.
(8) After
authorization of the store, the Department determines if the store qualifies as
an above-50-percent-Store. This paragraph does not apply to stores solely owned
or operated by nonprofit entities.
The provisions of this §1103.1 amended under section
2102(g) of The Administrative Code of 1929 (71 P. S. §
532(g)).
This section cited in 28 Pa. Code §
1101.2 (relating to definitions);
and 28 Pa. Code §
1103.4 (relating to selection
criteria for authorization and reauthorization); 28 Pa. Code §
1103.8 (relating to store peer
group system); 28 Pa. Code §
1105.3 (relating to terms and
conditions of participation); and 28 Pa. Code §
1113.1 (relating to right to
administrative appeal).
