Section 1103.1. Authorization and reauthorization process and requirements

(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 December 22, 2000, effective December 23, 2000, 30 Pa.B. 6853; amended October 3, 2003, effective October 4, 2003, 33 Pa.B. 4900; amended September 11, 2009, effective immediately, 39 Pa.B. 5292. Immediately preceding text appears at serial pages (300331) to (300333).

Notation

Authority

The provisions of this § 1103.1 amended under section 2102(g) of The Administrative Code of 1929 (71 P. S. § 532(g)).

Notes of Decisions

Compliance of Regulatory Scheme

The Department’s regulatory scheme which distinguishes between certification/recertification reviews and monitoring reviews, in terms of the sanctions imposed for failure to meet regulatory requirements, is based on a sound rationale. Giant Food Stores, LLC v. Department of Health, 808 A.2d 299 (Pa. Cmwlth. 2002).

The Department has the authority to deny a store’s application for certification/recertification based upon a single violation of mandatory selection criteria. Giant Food Stores, LLC v. Department of Health, 808 A.2d 299 (Pa. Cmwlth. 2002).

Interpretation of Regulations

The Department of Health’s interpretations of its own regulations are given great weight unless plainly erroneous or inconsistent with the regulation, neither of which occurred here. Valesky’s Market v. Department of Health, 779 A.2d 1251 (Pa. Cmwlth. 2001).

Requirements Mandatory

To qualify for WIC recertification, a store must meet all of the selection criteria of § 1103.4(a). Valesky’s Market v. Department of Health, 779 A.2d 1251 (Pa. Cmwlth. 2001).

Cross References

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).