12 Va. Admin. Code § 5-195-650 - Disqualification administrative actions
A. Voluntary withdrawal or nonrenewal in lieu
of disqualification is not permitted for documented mandatory federal
violations. The state agency may only allow voluntary withdrawal or nonrenewal
for state agency sanctions.
B. The
state agency shall disqualify an authorized retailer for any of the following
reasons:
1. Failure to comply with general
requirements and conditions as established in the retailer agreement;
2. Failure to meet program requirements as
documented during the compliance investigation process;
3. Reciprocal administrative action due to
the retailer being disqualified from the Supplemental Nutrition Assistance
Program;
4. Failure to pay a CMP or
retailer claim within 20 calendar days after it is due or failure to pay an
installment plan payment when due;
5. Provision of false, incomplete,
inaccurate, or misleading information that affects the retailer 's selection
status;
6. Repeated failure to
maintain the minimum stocking requirement; or
7. Failure to take documented remedial
corrective actions.
C.
The state agency shall notify the Supplemental Nutrition Assistance Program
office of any WIC Program disqualifications taken against an authorized
retailer location.
D. If an
authorized retailer is disqualified primarily due to documented overcharges,
participates in a full administrative review , and the adjudication officer's
findings confirm that the disqualification actions taken by the state agency
are appropriate, then a fine shall be assessed. A maximum administrative fine
of $999 shall be assessed for two or more documented overcharges during a
single investigation. If only one overcharge incident was documented during a
single investigation, then a maximum fine of $500 shall be assessed. If the
disqualification action does not involve any documented overcharges, then no
fine shall be assessed.
Notes
Statutory Authority
§ 32.1-12 of the Code of Virginia; 7 CFR Part 246.
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.