Section 1107.1a. Disqualifications

(a) Permanent disqualification. The Department will permanently disqualify a WIC authorized store convicted of trafficking in WIC checks or selling firearms, ammunition, explosives or controlled substances (as defined in section 102 of the Controlled Substances Act (21 U.S.C.A. § 802)) in exchange for WIC checks. The Department will not compensate the store for revenues lost as a result of the violation.

(b) Six-year disqualification. The Department will disqualify a WIC authorized store for 6 years for either of the following:

(1) One incidence of buying or selling WIC checks for cash (trafficking).

(2) One incidence of selling firearms, ammunition, explosives, or controlled substances as defined in section 102 of the Controlled Substances Act, in exchange for WIC checks.

(c) Three-year disqualification. The Department will disqualify a WIC authorized store for 3 years for any of the following violations:

(1) One incidence of the sale of alcohol or alcoholic beverages or tobacco products in exchange for WIC checks.

(2) A pattern of claiming reimbursement for the sale of an amount of a specific allowable food, which exceeds the store’s documented inventory of that specific allowable food for a specific period of time. A pattern may be established during a single inventory audit encompassing a 2-month period when a WIC authorized store’s records indicate that the WIC authorized store’s WIC check redemptions for a specific allowable food exceed the WIC authorized store’s documented inventory for that allowable food.

(3) Two or more incidences of overcharges.

(4) Two or more incidences of receiving, transacting or redeeming a WIC check that the store is not authorized to receive, transact or redeem.

(5) Two or more incidences of charging for allowable food not received by the participant.

(6) Two or more incidences of providing credit or nonfood items, other than alcohol, alcoholic beverages, tobacco products, cash, firearms, ammunition, explosives, or controlled substances as defined in section 102 of the Controlled Substances Act, in exchange for WIC checks.

(d) One-year disqualification. The Department will disqualify a WIC authorized store for 1 year for any of the following violations:

(1) Two or more incidences of providing a food item other than an allowable food in exchange for WIC checks.

(2) Two or more incidences of providing an allowable food in excess of the amount authorized for purchase on the WIC check.

(3) Having a stale-dated allowable food on the sales floor.

(4) Failing to maintain on the premises, at all times minimum inventory requirements of an allowable food at or below the current competitive price applicable to the store’s peer group for that food.

(5) Two or more incidences of failing to request a WIC identification card prior to accepting a WIC check.

(6) Failing to maintain a clean and sanitary store.

(7) Failing to properly store or refrigerate an allowable food.

(8) Closure of the store by a city, local or county health department.

(9) Charging or demanding that a participant or authorized representative pay for an allowable food with money or with another WIC check for purchases made with a WIC check.

(10) Two or more incidences of securing the signature of the participant or authorized representative prior to completing the ‘‘Pay Exactly’’ box on the WIC check.

(11) Two or more incidences of charging the WIC Program sales tax.

(12) Giving monetary change to the person who tenders a WIC check.

(13) Failing to reimburse the Department for overpayments, overcharges or other improper charges within the specified time frame.

(14) Physically altering or changing on the face of a WIC check the store name, food type or quantity, participant information, date, or printed dollar amount.

(15) Failing to have at least one representative of the store attend required training.

(16) Providing false information on the application for authorization or reauthorization.

(e) Second mandatory sanction. If a WIC authorized store, which previously has been assessed a sanction for any of the violations in subsections (b)—(d), receives another sanction for any of these violations, the Department will double the second sanction. The Department will double civil money penalties up to the limits allowed under § 1107.2(c) (relating to civil money penalties).

(f) Third or subsequent mandatory sanction. If a WIC authorized store, which previously has been assessed two or more sanctions for any of the violations listed in subsections (b)—(d), receives another sanction for any of these violations, the Department will double the third sanction and all subsequent sanctions. The Department will not permit the store to pay a civil money penalty in lieu of disqualification for third or subsequent violations listed in subsections (b)—(d).

(g) Multiple violations during a single investigation. When during the course of a single investigation the Department determines a WIC authorized store has committed multiple violations, the Department will disqualify the WIC authorized store for the period corresponding to the most serious violation. However, the Department will include all violations in the notice of disqualification.

(h) Disqualification based on a Food Stamp Program disqualification. The Department will disqualify a WIC authorized store which has been disqualified from the Food Stamp Program. The disqualification shall be for the same length of time as the Food Stamp Program disqualification, but may begin at a later date than the Food Stamp Program disqualification. Under 7 CFR 246.12(k) (1)(vii) (relating to food delivery systems) and § 1113.1(b)(3) (relating to right to administrative appeal), the WIC Program disqualification is not subject to administrative or judicial review.

(i) Voluntary withdrawal or nonrenewal of agreement. The Department will not accept voluntary withdrawal of the WIC authorized store from the WIC Program as an alternative to disqualification for the violations listed in subsections (a)—(d), but will enter the disqualification on the record. The Department will not permit the store to use expiration of authorization as an alternative to disqualification.

(j) Other violations. For a violation of a statute or regulation governing the store’s participation in the WIC Program which is not specifically classified in subsections (a)—(d), the Department will determine the appropriate type and level of sanction to be imposed upon the store based upon the nature and severity of the violation. A disqualification imposed under this subsection will not exceed 1 year.

(k) Advance notice. The Department will provide a WIC authorized store at least 30 days advance notice of the effective date of a disqualification. The notice will include the store’s appeal rights, if applicable.

(l) Authorization following expiration of disqualification period. A store that has been disqualified from the WIC Program may apply for authorization following expiration of the disqualification period. If the store chooses to apply for authorization after expiration of the disqualification, the Department will not consider the prior disqualification when determining eligibility. The Department will consider the store’s application in accordance with § 1103.4 (relating to selection criteria for authorization and reauthorization).

The provisions of this § 1107.1a adopted 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 (300354) to (300357).

Notation

Authority

The provisions of this § 1107.1a 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 § 1105.1 (relating to training); 28 Pa. Code § 1105.2 (relating to overcharge recovery system); 28 Pa. Code § 1107.1 (relating to imposition of sanctions); 28 Pa. Code § 1107.2 (relating to civil money penalties); and 28 Pa. Code § 1113.1 (relating to right to appeal).