Section 1113.1. Right to administrative appeal

(a) A store has the right to appeal an adverse action of the Division of WIC that affects the store’s participation in the WIC Program as a WIC authorized store. Adverse actions include:

(1) Termination of authorization or reauthorization in accordance with § 1103.1(d) (relating to authorization and reauthorization process and requirements).

(2) Denial of an application for authorization or reauthorization.

(3) Refusal to accept an application for authorization or reauthorization.

(b) A store may not appeal the following:

(1) The expiration of authorization or reauthorization.

(2) The validity or appropriateness of selection criteria.

(3) The validity or appropriateness of the Department’s participant access criteria and the Division of WIC’s participant access determination.

(4) The validity or appropriateness of the Department’s store peer group system criteria and the criteria used by the Department to identify stores that qualify as an above-50-percent-store or that are comparable to above-50-percent-stores.

(5) Disqualification from the WIC Program as a result of disqualification from the Food Stamp Program.

(6) The resolution of an overpayment dispute under § 1105.2(d) (relating to price adjustment) or the resolution of an overcharge dispute under § 1105.3(d) (relating to terms and conditions of participation).

(c) A denial of authorization under § 1103.1(b)(7) and a disqualification imposed under § 1107.1a(a) (relating to disqualifications) shall be effective on the date of the store’s receipt of notice of the adverse action. All other adverse actions shall be effective on the date set forth in the written notice.

The provisions of this § 1113.1 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 (303225) to (303226).

Notation

Authority

The provisions of this § 1113.1 amended under section 2102(g) of The Administrative Code of 1929 (71 P. S. § 532(g)).

Cross References

This section cited in 28 Pa. Code § 1107.1 (relating to imposition of sanctions); and 28 Pa. Code § 1107.1a (relating to disqualifications).