Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-42 - WIC Program › Section 3701-42-03 - WIC vendor authorization

Current through all regulations passed and filed through July 1, 2024
(A) The director shall authorize an applicant
			 to be a vendor by entering into a contract with an applicant that meets the
			 criteria established under this rule. The contract shall be for a term of no
			 more than three years. Unless otherwise provided in this rule, the contract
			 beginning date shall be consistent with paragraph (C) of this rule. Any sole
			 proprietorship, partnership, cooperative association, corporation, limited
			 liability company, or other business entity that owns and operates a grocery
			 store may apply to the director for authorization in accordance with this
			 rule.
(B) To apply for a contract,
			 an applicant or authorized representative of the applicant shall complete an
			 application packet  prescribed by
			 the director via the online WIC Vendor Management
			 System. It is the applicant's responsibility to
			 ensure the
			 director's timely receipt of the application.
(1) A complete application must be
			  received by the director no
			 fewer than ninety days before the contract beginning date, as set forth in
			 paragraph (C) of this rule. Except as provided in paragraph (B)(2) of this
			 rule, if any part of the application is  received by the director fewer than ninety days before the contract
			 beginning date, as set forth in paragraph (C) of this rule, the application
			 will be deemed incomplete and denied.
(2) If an application, which is complete
			 except for verification of food assistance program authorization, is received
			 by the director within the time period in paragraph (B)(1) of this rule, and
			 the applicant has a food assistance program application pending, the director
			 may consider the application for approval once verification of food assistance
			 program authorization is received even if received after the contract beginning
			 date in paragraph (C) of this rule.
(3) If the applicant does not own or operate
			 the business at the location that the applicant is proposing to contract as a
			 vendor at the time of application, the applicant may submit the application and
			 include the address of the location and the estimated opening date. The
			 director shall process the application to the extent possible and complete the
			 processing of the application upon the opening of the location. Once the
			 application has been fully processed, the director may contract with the
			 applicant for the location provided that the applicant complies with all other
			 requirements of the rule. The applicant may not transact or accept WIC
			 nutrition card benefits until notified that the location is an authorized
			 vendor.
(4) Notwithstanding the
			 application submission requirements set forth in paragraphs (B)(1) and (C) of
			 this rule, the director may approve a contract under any of the three
			 conditions set forth in this paragraph. The contract beginning date shall be
			 the date the contract is signed by the director, and shall expire at eleven
			 fifty-nine p.m. the day prior to the next contract beginning date specified in
			 paragraph (C) of this rule.
(a) A vendor in
			 good standing with the WIC and food assistance programs may apply at any time
			 to add a location to an existing contract if the proposed location is under the
			 same tax identification number or primary entity and the vendor has not been
			 denied a WIC contract at that location within the previous twelve
			 months.
(b) An applicant, who
			 purchases or otherwise acquires a grocery store or pharmacy that is a current
			 vendor location in good standing, may apply for a new WIC contract for that
			 location provided that the application meets all other requirements of this
			 rule and the director determines the purpose of the sale was not to circumvent
			 a WIC sanction.
(c) An applicant
			 who establishes a business operation within the last twelve months, and has not
			 been denied a contract during that time, but misses the application deadline
			 for that business location's region may request and submit an application
			 during the next available scheduled application contract period as set forth in
			 paragraph (B)(5) of this rule. The director shall enter into a contract with
			 the applicant if the application is received timely as set forth in paragraph
			 (B)(1) of this rule, and meets all contracting criteria as set forth in
			 paragraph (D) of this rule, and the addition of the business location will not
			 exceed the maximum vendor locations for the state, as determined in accordance
			 with paragraph (E) of this rule. The contract shall expire at eleven fifty-nine
			 p.m. the day prior to the next three year contract beginning date specified for
			 that business location's designated region set forth in paragraph (C) of this
			 rule.
(5) The director
			 may accept applications for a contract to begin in one year increments from the
			 contract beginning date specified in paragraph (C) of this rule for that
			 region. Approved applications are referred to as pick-up contracts and shall expire
			 at eleven fifty-nine p.m. the day prior to the next contract beginning date
			 specified for that region.