Current through Register Vol. 54, No. 12, March 23, 2024
(a)
The Department will consider whether there is inadequate participant access
when considering whether to place a store on probation, rather than deny
authorization or reauthorization, for failure to meet selection criteria in
§
1103.4 (relating to selection
criteria for authorization and reauthorization) during the onsite
review.
(b) The Department may
consider whether there is inadequate participant access when deciding whether
to impose a civil money penalty in lieu of disqualification under §
1107.1 (relating to imposition of
sanctions).
(c) Inadequate
participant access is any of the following:
(1) Ten or more participants whose specific
nationality, ethnicity or religious dietary needs can not be served properly by
another WIC authorized store located in accordance with one of the following:
(i) Less than 3 miles of the store for
counties with participant density less than 25 participants per square
mile.
(ii) Less than 2 miles of the
store for counties with participant density of 25 to 100 participants per
square mile.
(iii) Less than 1 mile
of the store for counties with participant density greater than 100
participants per square mile.
(2) Ten or more participants will be required
to travel in accordance with one of the following:
(i) Three or more miles to the next closest
WIC authorized store for counties with participant density less than 25
participants per square mile.
(ii)
Two or more miles to the next closest WIC authorized store for counties with
participant density of 25 to 100 participants per square mile.
(iii) One or more miles to the next closest
WIC authorized store for counties with participant density greater than 100
participants per square mile.
(3) A participant has a physical disability
that cannot be accommodated by another WIC authorized store in accordance with
one of the following:
(i) Within 3 miles of
the store for counties with participant density less than 25 participants per
square mile.
(ii) Within 2 miles of
the store for counties with participant density of 25 to 100 participants per
square mile.
(iii) Within 1 mile of
the store for counties with participant density greater than 100 participants
per square mile.
(4) Ten
or more participants are affected by physical barriers or conditions which make
normal travel to another WIC authorized store impractical.
The provisions of this §
1103.7 amended under section
2102(g) of The Administrative Code of 1929 (71 P. S. §
532(g)).
This section cited in 28 Pa. Code §
1103.1 (relating to authorization
and reauthorization process and requirements); 28 Pa. Code §
1107.1 (relating to imposition of
sanctions); and 28 Pa. Code §
1107.2 (relating to civil money
penalties).
