Current through Register Vol. 48, No. 9, September 27, 2024
(A) The
State WIC Program may disqualify a vendor for Program abuse, failure to meet
the requirements of the WIC Vendor Agreement, or other just causes.
(B) Mandatory Vendor Sanctions.
1. One (1) Year Disqualification. A vendor
shall be disqualified from the WIC Program for a period of one (1) year for:
(a) A pattern of providing unauthorized food
items by type, size, or quantity in exchange for WIC EBT, including charging
for supplemental foods provided in excess of those listed on the WIC EBT
account;
(b) A pattern of charging
prices for WIC items above the maximum allowable price for stores within the
same peer group and geographical area;
(c) A pattern of not providing a receipt at
the end of the transaction showing the date of the transaction, product(s)
purchased, and the remaining balance of available benefits;
(d) Intentionally providing incorrect
quantity or type of infant formula specified on a WIC EBT account;
(e) Intentionally providing false information
on the WIC Vendor Application;
(f)
Intentionally providing false information on the Vendor Price Survey;
(g) Failure to provide an itemized receipt
with each WIC EBT transaction;
(h)
Failure to allow monitoring of the store by a WIC Program Coordinator or
threatening or abusing, either verbally or physically, a WIC participants or
WIC personnel in the conduct of official WIC business;
(i) Entering the PIN for the WIC participant;
or
(j) Failure to attend WIC Vendor
training.
2. Three (3)
Year Disqualification. A vendor shall be disqualified from the WIC Program for
three (3) years for:
(a) One (1) incidence of
the sale of alcohol or alcoholic beverages or tobacco products in exchange for
one (1) or more WIC EBT cards;
(b)
A pattern of claiming reimbursement for the sale of a specific supplemental
food item which exceeds the store's documented inventory of that supplemental
food item for a specific period of time, failing to supply store records, or
failing to allow an audit of such records by the State WIC Program;
(c) A pattern of charging WIC participants
more for supplemental food than non-WIC customers or charging participants more
than the current shelf price;
(d) A
pattern of receiving, transacting, and/or redeeming WIC EBT cards outside of
authorized channels (laundering) including the use of an unauthorized vendor
and/or an unauthorized person;
(e)
A pattern of charging for supplemental food not received by the WIC
participant; or
(f) A pattern of
providing credit or non-food items, other than alcoholic beverages, tobacco
products, cash, firearms, ammunition, explosives, or controlled substances in
exchange for WIC EBT cards.
3. Six (6) Year Disqualification. A vendor
shall be disqualified from the WIC Program for six (6) years for:
(a) One (1) incidence of buying or selling
one (1) or more WIC EBT cards (trafficking); or
(b) One (1) incident of buying or selling
firearms, ammunition, explosives, or controlled substances as defined in
21 U.S.C.
802 in exchange for WIC EBT cards.
4. Permanent Disqualification. A
vendor shall be permanently disqualified from the WIC Program for any
conviction of trafficking WIC EBT cards or selling firearms, ammunition,
explosives or controlled substances (defined in Section
102 of the Controlled Substances Act
(21 U.S.C.
802)) in exchange for WIC EBT cards. A vendor
is not entitled to receive any compensation for revenues lost as a result of
such violation.
(C) The
WIC Program must disqualify a vendor who has been disqualified from SNAP. The
disqualification must be for the same length of time as the SNAP
disqualification, may begin later than the SNAP disqualification, and is not
subject to administrative or judicial review under the WIC Program.
(D) Second Mandatory Sanction. When a vendor,
who has been sanctioned for violating any of the provisions listed in this
section, receives a sanction for a second violation of these provisions, the
second sanction shall be double the amount of the first.
(E) Third or Subsequent Mandatory Sanctions.
When a vendor, who has been assessed two (2) or more sanctions for violation of
any of the provisions listed in this section, receives a third or subsequent
sanction for a violation of these provisions, the third and all subsequent
sanctions shall be double the amount of the immediately preceding
sanction.
