2023 Illinois Compiled Statutes › Chapter 410 - PUBLIC HEALTH › 410 ILCS 255/ - WIC Vendor Management Act.

(410 ILCS 255/1) (from Ch. 111 1/2, par. 7551)
Sec. 1. 
		
		This Act may be cited as the  WIC Vendor Management Act.
(Source: P.A. 86-138; 86-1475.)
(410 ILCS 255/2) (from Ch. 111 1/2, par. 7552)
Sec. 2. 
		
		The purpose of this Act is to establish the statutory authority
for the authorization, limitation, education and compliance review of WIC
retail vendors by the Department of Human Services, and
to enable the
Department to carry out its responsibilities for fiscal management and
accountability for the food delivery system under its jurisdiction.
(Source: P.A. 89-507, eff. 7-1-97.)
(410 ILCS 255/3) (from Ch. 111 1/2, par. 7553)
Sec. 3. 
		As used in this Act, unless the context otherwise requires:
(a) "Department" means the Illinois Department of Human Services.
(b) "Women, Infants and Children nutrition program" and "WIC" mean the
federal Special Supplemental Food Program for Women, Infants and
Children created by federal Public Law 92-433, as amended.
(Source: P.A. 89-507, eff. 7-1-97.)
(410 ILCS 255/4) (from Ch. 111 1/2, par. 7554)
Sec. 4. 
		
		The Department shall establish criteria and procedures,
consistent with federal requirements, whereby retail food establishments
may apply to become retail food vendors under the WIC program.
(Source: P.A. 86-138.)
(410 ILCS 255/5) (from Ch. 111 1/2, par. 7555)
Sec. 5. 
		
		(a) The Department shall establish criteria for the
authorization, education, geographic distribution and number of WIC
retail vendors.
(b) The Department shall establish criteria for the minimum number of
educational activities a vendor must attend.  Such education shall include,
but shall not be limited to, standards for the acceptance of food vouchers
from clients and the standards for the submission of said vouchers for
payment.
(Source: P.A. 86-138.)
(410 ILCS 255/6) (from Ch. 111 1/2, par. 7556)
Sec. 6. 
		Vendor compliance with law.
(a) The Department shall develop a system for monitoring the
operations of all WIC retail food vendors to ensure compliance with federal
and State laws and rules governing the WIC program.
(b) The Department shall review the alleged
violations of the
federal and State laws and the rules promulgated thereunder.
(c) The Department shall develop, by rule, a system of monetary
penalties and other sanctions for any vendor, former vendor, individual,
firm, corporation,
partnership, sole proprietorship, association, commercial enterprise, business
entity, or legal entity
determined to be in
violation of this Act or program regulations.  The level and severity of
the sanctions
shall be consistent with the type and frequency of violations, and may
include, but shall not be limited to, suspension or termination from the
program as well as monetary penalties.
(Source: P.A. 91-691, eff. 4-13-00.)
(410 ILCS 255/7) (from Ch. 111 1/2, par. 7557)
Sec. 7. 
		USDA Women, Infants and Children Fund.
(a) The moneys received by the Department as training fees or
monetary penalties under this Act shall be deposited into the USDA Women,
Infants and Children Fund.
(b) (Blank)
(c) Upon the completion of any audit of the Department as prescribed by
the Illinois State Auditing Act, which audit includes an audit of the USDA
Women, Infants and Children Fund, the Department shall make a copy of the
audit open to inspection by any interested person, which copy shall be
submitted to the Department by the Auditor General, in addition to the
copies of audit reports required to be submitted to other State officers
and agencies by Section 3-14 of the Illinois State Auditing Act.
(Source: P.A. 91-691, eff. 4-13-00.)
(410 ILCS 255/8) (from Ch. 111 1/2, par. 7558)
Sec. 8. 
		Rules.
(a) The Department shall promulgate such rules as it deems
necessary to carry out its responsibilities under this Act and under
relevant federal laws and regulations.  Such rules shall include provisions
governing the administrative appeal process for any vendor, former vendor,
individual, firm,
corporation, partnership, sole proprietorship, association, commercial
enterprise, business entity, or legal entity that
accepts Food Instruments or receives credit or payment for Food Instruments and
that is subject to
sanctions for violations of this Act or the rules
promulgated thereunder.  If there is
a conflict between the provisions relating to penalties and the conduct of
administrative hearings under this Act and federal law, the provisions of
federal law shall prevail.
(b) The provisions of the Illinois Administrative Procedure Act are hereby
expressly adopted and shall apply to all administrative
rules and procedures of the Department under this Act,
except that in case of conflict between the Illinois Administrative
Procedure Act and this Act the provisions of this Act shall control, and
except that Section 5-35 of the Illinois Administrative
Procedure Act relating to procedures for rule-making does not apply to the
adoption of any rule required by federal law in connection with which the
Department is precluded by law from exercising any discretion.
(Source: P.A. 91-691, eff. 4-13-00.)
(410 ILCS 255/8.1)
Sec. 8.1. 
		Validation. 
		All otherwise lawful actions taken and expenditures
made before the
effective date of this amendatory Act of the 91st General Assembly in reliance
on the provisions of this Act included in Public Act 88-680 are hereby
validated.
(Source: P.A. 91-691, eff. 4-13-00.)
(410 ILCS 255/9) (from Ch. 111 1/2, par. 7559)
Sec. 9. 
		
		Final administrative decisions after hearing shall be subject
to judicial review exclusively as provided in the Administrative Review
Law, as now or hereafter amended, except that any petition for judicial
review of Department action under this Act shall be filed within 15 days
after receipt of notice of the final agency determination.  The term
"administrative decision" has the meaning ascribed to it in Section 3-101
of the Code of Civil Procedure.
(Source: P.A. 86-138.)