Sec. DHS 149.10 - Mandatory vendor disqualification

ยง DHS 149.10. Mandatory vendor disqualification

(1) MANDATORY PERMANENT DISQUALIFICATION.

(a)

1. The state WIC office shall permanently disqualify a vendor from participation in the WIC program if the vendor is convicted of providing cash in exchange for a WIC check or of selling a firearm, ammunition, explosive or controlled substance in exchange for a WIC check. Disqualification of a vendor shall be effective upon the postmark date of the notice of administrative action by the state WIC office to the vendor's address of record.

2. A civil money penalty may not be imposed in lieu of a disqualification under this subsection.

(b) A vendor may not receive compensation from the WIC program for revenues lost as a result of a disqualification under par. (a).

(2) MANDATORY SIX YEAR DISQUALIFICATION. Unless a determination is made under s. DHS 149.12(1) that disqualification would result in inadequate participant access, the state WIC office shall disqualify a vendor from participation in the WIC program for 6 years for any one of the following:

(a) One incident of buying or selling a WIC check for cash.

(b) One incident of selling in exchange for a WIC check a firearm, ammunition, an explosive, or a controlled substance as defined in 21 USC 802.

(3) MANDATORY THREE YEAR DISQUALIFICATION. Unless a determination is made under s. DHS 149.12(1) that disqualification would result in inadequate participant access, the state WIC office shall disqualify a vendor from participation in the WIC program for 3 years for any one of the following:

(a) One incident of selling in exchange for a WIC check, alcohol, an alcoholic beverage or a tobacco product.

(b) Three or more incidents of any of the following:

1. Claiming reimbursement for the sale of a specific authorized food in an amount that exceeds the vendor's documented inventory of that food for the same period of time.

2. Intentionally or unintentionally charging a participant or the participant's proxy more for authorized food than non-participants are charged for authorized food.

3. Charging a participant or the participant's proxy more than the current shelf price for an authorized food.

4. Receiving or redeeming a WIC check outside of authorized channels, including receiving or redeeming a WIC check for a vendor that is not an authorized vendor; redeeming a WIC check for food purchased at an address other than the store address that appears on the authorized vendor's application; or depositing a WIC check into a bank account other than the authorized vendor's bank account.

5. Charging for authorized food not received by a WIC participant or the participant's proxy.

6. Providing in exchange for a WIC check, credit or non-food items other than alcohol, an alcoholic beverage, a tobacco product, cash, a firearm, ammunition, explosive, or controlled substance as defined in 21 USC 802.

(4) MANDATORY ONE YEAR DISQUALIFICATION. Unless a determination is made under s. DHS 149.12(1) that disqualification would result in inadequate participant access, the state WIC office shall disqualify a vendor from participation in the WIC program for one year for any one of the following:

(a) Three or more incidents of providing unauthorized food in exchange for a WIC check.

(b) Three or more incidents of charging for authorized food provided in excess of the amount of food listed on the WIC check.

(5) SECOND MANDATORY DISQUALIFICATION. When a vendor who previously has received a mandatory disqualification receives a second subsequent mandatory disqualification, the state WIC office shall impose a double period of disqualification.

(6) THIRD OR SUBSEQUENT MANDATORY DISQUALIFICATION. When a vendor who has received 2 or more mandatory disqualifications receives another subsequent mandatory disqualification, the state WIC office shall double the third period of disqualification and all subsequent periods of disqualification.

(7) PRIOR NOTIFICATION. For violations listed in subs. (3) (b) and (4), the state WIC office shall notify the authorized vendor of the initial violation prior to documenting another violation, unless the state WIC office determines that notifying the authorized vendor would compromise an investigation.

(CR 07-115: cr. Register June 2008 No. 630, eff. 7-1-08.)

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