reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 43 - PERSONAL HEALTH › Subchapter C - PERINATAL CARE › Section .0100 - GENERAL › Section 43C .0101 - EXPIRED - MISSION AND ADMINISTRATION

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 130A-127;
Eff. July 1,
					 1983;
Amended Eff. September 1, 1990;
Expired Eff.
					 January 1, 2017 pursuant to
					 G.S.
					 150B-21.3A.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 43 - PERSONAL HEALTH › Subchapter C - PERINATAL CARE › Section .0100 - GENERAL › Section 43C .0103-.0104 - EXPIRED

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 130A-127;
Eff. July 1,
					 1983;
Amended Eff. September 1, 1990; April 1, 1985;
Expired Eff. January 1, 2017 pursuant to
					 G.S.
					 150B-21.3A.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 43 - PERSONAL HEALTH › Subchapter C - PERINATAL CARE › Section .0300 - HIGH RISK MATERNITY CLINIC FUNDS AND HIGH RISK MATERNITY CLINIC REIMBURSEMENT FUNDS › Section 43C .0301-.0311 - EXPIRED

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 130A-127;
Eff. July 1,
					 1988;
Amended Eff. December 6, 1991; September 1, 1990;
Expired Eff. January 1, 2017 pursuant to
					 G.S.
					 150B-21.3A.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 43 - PERSONAL HEALTH › Subchapter C - PERINATAL CARE › Section .0400 - CONTRACTS FOR EDUCATION AND TRAINING › Section 43C .0401-.0405 - EXPIRED

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 130A-127;
Eff. July 1,
					 1983;
Amended Eff. September 1, 1990; June 1, 1989; April 1,
					 1985;
Expired Eff. January 1, 2017 pursuant to
					 G.S.
					 150B-21.3A.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 43 - PERSONAL HEALTH › Subchapter C - PERINATAL CARE › Section .0500 - SPECIAL PROJECTS › Section 43C .0501-.0502 - EXPIRED

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 130A-127;
Eff. July 1,
					 1983;
Expired Eff. January 1, 2017 pursuant to
					 G.S.
					 150B-21.3A.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 43 - PERSONAL HEALTH › Subchapter D - WIC/NUTRITION › Section .0100 - DEFINITIONS › Section 43D .0101-.0107

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 130A-361;
Eff. February 1,
					 1976;
Readopted Eff. December 5, 1977;
Amended Eff.
					 December 6, 1991; November 1, 1990;
Repealed Eff. October 1,
					 2009.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 43 - PERSONAL HEALTH › Subchapter D - WIC/NUTRITION › Section .0200 - WIC PROGRAM GENERAL INFORMATION › Section 43D .0201 - DESCRIPTION

Current through Register Vol. 39, No. 2, July 15, 2024
The Nutrition Services Branch is responsible for the
					 administration of the WIC Program in North Carolina.
Authority
					 G.S.
					 130A-361;
					 7 C.F.R.
					 246;
Eff. July 1,
					 1981;
Amended Eff. October 1, 2009; December 6, 1991; November 1,
					 1990;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. December 23,
					 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 43 - PERSONAL HEALTH › Subchapter D - WIC/NUTRITION › Section .0200 - WIC PROGRAM GENERAL INFORMATION › Section 43D .0203 - REFERENCES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The State
				  agency shall administer the WIC program in accordance with:
(1)
											42 U.S.C.
				  1786; and
(2)
											7 C.F.R.
				  246.1 through
				  246.28, United States Department of
				  Agriculture, Food and Nutrition Service, Special Supplemental Nutrition Program
				  for Women, Infants and Children.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 43 - PERSONAL HEALTH › Subchapter D - WIC/NUTRITION › Section .0200 - WIC PROGRAM GENERAL INFORMATION › Section 43D .0204 - CONTRACT WITH FNS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Division of
				  Public Health shall maintain the Federal-State Special Supplemental Nutrition
				  Program Agreement with the United States Department of Agriculture, Food and
				  Nutrition Service.
(b) The state
				  agency shall prepare, submit to FNS, and maintain the North Carolina State WIC
				  Program Plan of Operations to fulfill the requirements of
				  7 C.F.R.
				  246.4. This plan is available for inspection
				  at the state agency during business hours.
Authority
					 G.S.
					 130A-361;
Eff. July 1,
					 1981;
Amended Eff. October 1, 2009;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. December 23,
					 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 43 - PERSONAL HEALTH › Subchapter D - WIC/NUTRITION › Section .0200 - WIC PROGRAM GENERAL INFORMATION › Section 43D .0205 - POLICIES: GUIDELINES AND MANUALS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The state
				  agency shall promulgate policies, guidelines and manuals to facilitate
				  operation of the WIC Program in accordance with the contract with FNS, the
				  guidelines and instructions issued by FNS in policy letters and management
				  evaluations, and the North Carolina State WIC Program Plan of Operations and
				  the rules contained in this Subchapter.
(b) The policies, guidelines and manuals
				  maintained under (a) of this Rule are available for inspection at the state
				  agency during regular business hours.
Authority
					 G.S.
					 130A-361;
Eff. July 1,
					 1981;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. December 23,
					 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 43 - PERSONAL HEALTH › Subchapter D - WIC/NUTRITION › Section .0200 - WIC PROGRAM GENERAL INFORMATION › Section 43D .0206 - REPEALED - GENERAL ADMINISTRATION

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 130A-361;
Eff. July 1,
					 1981;
Amended Eff. November 1, 1990;
Repealed Eff.
					 October 1, 2009.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 43 - PERSONAL HEALTH › Subchapter D - WIC/NUTRITION › Section .0200 - WIC PROGRAM GENERAL INFORMATION › Section 43D .0207 - LOCAL WIC AGENCY AGREEMENT AND BUDGET

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The state
				  agency shall enter into an agreement and negotiate a budget with each local WIC
				  agency in accordance with 7
				  C.F.R. 246.6.
(b) The availability of budgeted support cost
				  funds for each local WIC agency is contingent upon the availability of WIC
				  program support cost funds.
(c)
				  Since local support cost funds are allocated according to the assigned number
				  of participants to be served, in the event a local WIC agency is unable to
				  serve the assigned number of participants, the state agency shall reduce the
				  amount of support cost funds provided to the local WIC agency by a portion
				  reflective of the level of underperformance.
(d) The state agency shall notify the local
				  WIC agency in writing of any reduction of support cost funds available to the
				  local WIC agency.
(e) When state
				  food dollars are overexpended during a federal fiscal year, local WIC Programs
				  that have maintained an active case load in excess of their assigned number of
				  participants shall reimburse to the state their proportionate share of the
				  overexpenditure.
Authority
					 G.S.
					 130A-361;
Eff. April 1,
					 1982;
Amended Eff. October 1, 2009; April 1, 1984;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. December 23,
					 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 43 - PERSONAL HEALTH › Subchapter D - WIC/NUTRITION › Section .0300 - SELECTION OF LOCAL WIC AGENCIES › Section 43D .0301 - INITIAL APPLICATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Any local
				  agency interested in applying for a WIC program grant shall, upon request to
				  the state agency, be sent an information package to facilitate the application
				  process.
(b) If the application is
				  submitted but is incomplete, the state agency shall notify the applicant of the
				  additional information required within fifteen days of receipt of the
				  application.
(c) The state agency
				  shall send notice of approval or denial of the application within thirty days
				  of receipt of a complete application. The applicant will be informed as to
				  whether funds are available to expand WIC program services.
(d) If the application is approved, a written
				  agreement will be executed.
(e) If
				  the application is denied, the applicant may appeal the decision according to
				  Section .0800 of this Subchapter.
Authority
					 G.S.
					 130A-361;
Eff. July 1,
					 1981;
Amended Eff. September 1, 1991;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. December 23,
					 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 43 - PERSONAL HEALTH › Subchapter D - WIC/NUTRITION › Section .0300 - SELECTION OF LOCAL WIC AGENCIES › Section 43D .0302 - CRITERIA FOR SELECTION OF LOCAL AGENCIES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The state
				  agency shall only accept applications from local agencies as defined in
				  7 C.F.R.
				  246.2.
(b) The application must be to provide WIC
				  program benefits to an area or population not receiving program benefits from a
				  local WIC agency.
(c) WIC program
				  funds must be available to serve the area or population described in the
				  application.
(d) The State Agency
				  shall consider the local agency priority system and Affirmative Action Plan
				  described in 7 C.F.R.
				  246.5 in making the decision to fund or not
				  to fund an application.
Authority
					 G.S.
					 130A-361;
Eff. July 1,
					 1981;
Amended Eff. October 1, 2009;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. December 23,
					 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 43 - PERSONAL HEALTH › Subchapter D - WIC/NUTRITION › Section .0300 - SELECTION OF LOCAL WIC AGENCIES › Section 43D .0303 - CONTINUATION OF LOCAL WIC AGENCIES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) All grants
				  to local WIC agencies shall be issued annually through an agreement unless the
				  agreement has been terminated as specified in Rule .0305 of this
				  Section.
(b) All local WIC agencies
				  are eligible to obtain a grant for the next fiscal year provided that:
(1) WIC program funds are available to serve
				  the area or population;
(2) The
				  agency continues to operate as a local WIC agency; and
(3) The agency signs and submits the grant
				  agreement and budget required by the state agency.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 43 - PERSONAL HEALTH › Subchapter D - WIC/NUTRITION › Section .0300 - SELECTION OF LOCAL WIC AGENCIES › Section 43D .0304 - EXPANSION OF LOCAL WIC PROGRAMS

Current through Register Vol. 39, No. 2, July 15, 2024
Local WIC agencies that plan to increase the number of
					 persons served shall submit a written request to the Nutrition Services
					 Section. The availability of funds and the Affirmative Action Plan contained in
					 the North Carolina State WIC Program Plan of Operation will be considered in
					 making the decision to approve or deny the request.
Authority
					 G.S.
					 130A-361;
Eff. July 1,
					 1981;
Amended Eff. December 6, 1991; November 1, 1990;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. December 23,
					 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 43 - PERSONAL HEALTH › Subchapter D - WIC/NUTRITION › Section .0300 - SELECTION OF LOCAL WIC AGENCIES › Section 43D .0305 - TERMINATION OF LOCAL WIC AGENCIES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  authority to operate a local WIC program may be terminated for
				  noncompliance.
(b) If FNS
				  terminates or suspends the North Carolina WIC program, the state agency shall
				  in turn, terminate or suspend its agreements with local WIC agencies.
(c) Termination of a local agency is subject
				  to the appeal provisions of 7
				  C.F.R. 246.18(a)(3) and
				  Section .0800 of this Subchapter.
Authority
					 G.S.
					 130A-361;
Eff. July 1,
					 1981;
Amended Eff. October 1, 2009; September 1, 1991;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. December 23,
					 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 43 - PERSONAL HEALTH › Subchapter D - WIC/NUTRITION › Section .0400 - ELIGIBILITY FOR WIC PROGRAM PARTICIPATION › Section 43D .0401-.0407

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 130A-361;
					 7 C.F.R.
					 246;
					 143B-10;
Eff. July 1,
					 1981;
Amended Eff. October 1, 1993; September 1, 1991; December 6,
					 1991; November 1, 1990; October 1, 1990; July 1, 1989;
Repealed
					 Eff. October 1, 2009.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 43 - PERSONAL HEALTH › Subchapter D - WIC/NUTRITION › Section .0400 - ELIGIBILITY FOR WIC PROGRAM PARTICIPATION › Section 43D .0408 - WAITING LIST

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A waiting list
				  shall be established in accordance with
				  7 C.F.R.
				  246.7(f), which is
				  incorporated by reference with all subsequent amendments and
				  editions.
(b) Local WIC agencies
				  maintaining a waiting list shall continue to provide WIC program benefits to
				  all individuals enrolled in the program until the expiration of their
				  certification period.
(c) Local WIC
				  agencies shall enroll individuals in a manner which ensures that applicants in
				  a higher priority level are first given an opportunity to receive food benefits
				  in accordance with 7 C.F.R.
				  246.7(e)(4) which is
				  incorporated by reference with all subsequent amendments and
				  editions.
Authority
					 G.S.
					 130A-361;
					 7 C.F.R.
					 246.7;
Eff. July 1,
					 1981;
Amended Eff. October 1, 2009; November 1, 1990; July 1,
					 1989;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. December 23, 2017;
Amended Eff.
					 March 1, 2020.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 43 - PERSONAL HEALTH › Subchapter D - WIC/NUTRITION › Section .0400 - ELIGIBILITY FOR WIC PROGRAM PARTICIPATION › Section 43D .0409 - REPEALED - REQUIRED NOTIFICATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 130A-361;
Eff. July 1,
					 1981;
Amended Eff. September 1, 1991; July 1, 1989;
Repealed Eff. October 1, 2009.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 43 - PERSONAL HEALTH › Subchapter D - WIC/NUTRITION › Section .0400 - ELIGIBILITY FOR WIC PROGRAM PARTICIPATION › Section 43D .0410 - PARTICIPANT VIOLATIONS AND SANCTIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  State agency shall assess a claim for the full value of Program benefits that
				  have been obtained or disposed of improperly as the result of a participant
				  violation. "Participant violation" means those violations listed in
				  7 C.F.R.
				  246.2 which are incorporated by reference in
				  Rule .0202 of this Subchapter. A claim shall not be paid by offsetting the
				  claim against future Program benefits.
(b) The following participant violations
				  committed by a participant, parent or caretaker of an infant or child
				  participant, or proxy shall result in a one-year disqualification of the
				  participant from the WIC Program, except as provided in Paragraphs (c) and (d)
				  of this Rule:
(1) Exchanging food instruments,
				  cash-value vouchers or supplemental food for cash;
(2) Exchanging food instruments, cash-value
				  vouchers or supplemental food for alcohol, alcoholic beverages, tobacco
				  products, firearms, ammunition, explosives, or controlled substances as defined
				  in 21 U.S.C.
				  802;
(3) A claim for dual participation resulting
				  from intentional misrepresentation;
(4) Intentionally making false or misleading
				  statements or intentionally misrepresenting, concealing, or withholding facts
				  to obtain Program benefits;
(5) Any
				  participant violation for which a claim of one hundred dollars ($100.00) or
				  more is assessed;
(6) A second or
				  subsequent claim assessed for any participant violation, regardless of the
				  dollar amount. The second or subsequent claim does not have to be for the same
				  participant violation as the initial claim to result in a one-year
				  disqualification; and
(7) Physical
				  harm to clinic or vendor staff.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 43 - PERSONAL HEALTH › Subchapter D - WIC/NUTRITION › Section .0400 - ELIGIBILITY FOR WIC PROGRAM PARTICIPATION › Section 43D .0411 - DUAL PARTICIPATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A WIC
				  participant shall not participate simultaneously in one or more than one WIC
				  clinic, or participate in the WIC Program and the Commodity Supplemental Food
				  Program ("CSFP") during the same period of time. For purposes of this Rule,
				  participate means certification as a WIC participant for the receipt of WIC
				  food instruments or cash-value vouchers or certification as a CSFP participant
				  for the receipt of CSFP food.
(b)
				  The state agency shall immediately terminate the participation in one of the
				  clinics or Programs, or the simultaneous participation in a single clinic, in
				  accordance with 7 C.F.R.
				  246.7(l) when a participant
				  is found to be in violation of Paragraph (a) of this Rule.
(c) In the case of dual participation
				  resulting from intentional misrepresentation, the participant, parent or
				  caretaker of an infant or child participant, or proxy shall repay Program
				  benefits improperly issued as a result of the dual participation, and the
				  participant shall be disqualified from participation in both Programs or
				  clinic(s) in accordance with 7 C.F.R. 246.7(l)
				  and Paragraph (b) of Rule .0410 of this Section. For purposes of this
				  Paragraph, receiving WIC food instruments or cash-value vouchers under two or
				  more participant identities in a single WIC clinic during the same issuance
				  period and transacting one or more of the food instruments or cash-value
				  vouchers received under two or more of the identities constitutes dual
				  participation based on intentional misrepresentation. Receiving WIC food
				  instruments or cash-value vouchers from more than one WIC clinic during the
				  same issuance period and transacting one or more of the food instruments or
				  cash-value vouchers received from two or more of the clinics constitutes dual
				  participation based on intentional misrepresentation. Additionally, receiving
				  WIC food instruments or cash-value vouchers and CSFP food during the same time
				  period and transacting one or more of the WIC food instruments or cash-value
				  vouchers constitutes dual participation based on intentional
				  misrepresentation.
Authority
					 G.S.
					 130A-361;
					 7 C.F.R.
					 246;
					 42 U.S.C. 1786;
Temporary Adoption Eff. July 1, 2002;
Eff. July 1,
					 2004;
Amended Eff. October 1, 2009;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. December 23,
					 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 43 - PERSONAL HEALTH › Subchapter D - WIC/NUTRITION › Section .0500 - WIC PROGRAM FOOD PACKAGE › Section 43D .0501 - SUPPLEMENTAL FOODS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The foods that
				  may be provided to WIC program participants are specified in
				  7 C.F.R.
				  246.10, which is incorporated by reference
				  including any subsequent amendments and editions. This material is available
				  for inspection at the Department of Health and Human Services, Division of
				  Public Health, 5601 Six Forks Road, Raleigh, North Carolina 27609 and may be
				  obtained from Nutrition Services at no cost.
(b) The following exclusions from the food
				  package have been adopted by the North Carolina WIC Program:
(1) mackerel and sardines;
(2) goat milk; and
(3) dried fruits and vegetables.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 43 - PERSONAL HEALTH › Subchapter D - WIC/NUTRITION › Section .0500 - WIC PROGRAM FOOD PACKAGE › Section 43D .0502 - QUANTITY OF FOODS

Current through Register Vol. 39, No. 2, July 15, 2024
The amount of supplemental foods provided shall not exceed
					 the maximum quantities specified in
					 7 C.F.R.
					 246.10, which is incorporated by reference
					 with all subsequent amendments and editions.
Authority
					 G.S.
					 130A-361;
Eff. July 1,
					 1981;
Amended Eff. October 1, 2009; July 1, 1989; July 1,
					 1982;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. December 23,
					 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 43 - PERSONAL HEALTH › Subchapter D - WIC/NUTRITION › Section .0500 - WIC PROGRAM FOOD PACKAGE › Section 43D .0503 - USE OF WIC SUPPLEMENTAL FOODS

Current through Register Vol. 39, No. 2, July 15, 2024
WIC supplemental foods shall be provided for consumption by
					 the participant and not be distributed for use by institutions such as child
					 and day care centers.
Authority
					 G.S.
					 130A-361;
					 7 C.F.R.
					 246;
					 42 U.S.C. 1786;
Eff.
					 July 1, 1981;
Amended Eff. October 1, 1990;
Temporary
					 Amendment Eff. July 1, 2002;
Amended Eff. July 1, 2004;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. December 23,
					 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 43 - PERSONAL HEALTH › Subchapter D - WIC/NUTRITION › Section .0600 - WIC PROGRAM NUTRITION EDUCATION › Section 43D .0601-.0604

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 130A-361;
Eff. July 1,
					 1981;
Amended Eff. December 6, 1991; November 1, 1990;
Repealed Eff. October 1, 2009.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 43 - PERSONAL HEALTH › Subchapter D - WIC/NUTRITION › Section .0700 - WIC PROGRAM FOOD DELIVERY SYSTEM › Section 43D .0701 - THE NORTH CAROLINA AUTOMATED WIC SYSTEM

Current through Register Vol. 39, No. 2, July 15, 2024
The WIC program shall provide supplemental foods through a
					 uniform EBT retail distribution system in accordance with
					 7 C.F.R.
					 246.12. Local agencies shall use an automated
					 data processing system to promote the provision of and accounting for food
					 benefits issued to participants.
Authority
					 G.S.
					 130A-361;
					 42 U.S.C.
					 1786;
					 7 C.F.R. 246.12;
Eff.
					 July 1, 1981;
Amended Eff. October 1, 2009; April 1,
					 2001;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. December 23, 2017;
Amended Eff.
					 March 1, 2020.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 43 - PERSONAL HEALTH › Subchapter D - WIC/NUTRITION › Section .0700 - WIC PROGRAM FOOD DELIVERY SYSTEM › Section 43D .0702 - ISSUANCE OF FOOD BENEFITS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Local WIC
				  agencies shall issue WIC program food benefits to program participants in a
				  manner which ensures that participants can receive the supplemental foods that
				  have been prescribed for them in accordance with
				  7 C.F.R.
				  246.10, which is incorporated by reference
				  with all subsequent amendments and editions.
(b) Local WIC agencies shall issue food
				  benefits and shall retain documentation of issuance. The documentation of
				  issuance shall include the dated signature of the authorized individual
				  receiving the food benefits, as set out in Subparagraph (c) of this
				  Rule.
(c) Food benefits shall be
				  issued only to the participant, the participant's parent, the participant's
				  caretaker, a proxy, or a representative of the program completing a compliance
				  buy.
Authority
					 G.S.
					 130A-361;
					 7 C.F.R.
					 246.2;
					 7 C.F.R. 246.10;
					 42 U.S.C.
					 1786;
Eff. July 1,
					 1981;
Amended Eff. April 1, 2001;
Temporary Amendment
					 Eff. July 1, 2002;
Amended Eff. October 1, 2009; August 1,
					 2004;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. December 23, 2017;
Amended Eff.
					 March 1, 2020.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 43 - PERSONAL HEALTH › Subchapter D - WIC/NUTRITION › Section .0700 - WIC PROGRAM FOOD DELIVERY SYSTEM › Section 43D .0703 - USE OF FOOD BENEFITS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Participants
				  may transact food benefits on any day on or between the "First Date to Spend"
				  and "Last Date to Spend" for their certification period, as defined in
				  7 C.F.R.
				  246.7(g), which is
				  incorporated by reference with all subsequent amendments and
				  editions.
(b) Food benefits shall
				  be transacted only at authorized WIC vendors in accordance with the terms of
				  the signed WIC Vendor Agreement and WIC program rules, regulations, and
				  statutes. Authorized WIC vendors shall not be reimbursed for food benefits that
				  are not properly transacted as set forth in Rule .0708 of this
				  Section.
(c) Authorized WIC vendors
				  shall have their bank account credited with payments for completed EBT
				  transactions. Food benefits shall not be assigned, transferred, sold, or
				  otherwise negotiated.
Authority
					 G.S.
					 130A-361;
					 7 C.F.R.
					 246.7;
					 7 C.F.R. 246.12;
					 42 U.S.C.
					 1786;
Eff. July 1,
					 1981;
Amended Eff. April 1, 2001; November 1, 1990; July 1,
					 1989;
Temporary Amendment Eff. July 1, 2002;
Amended
					 Eff. October 1, 2017; October 1, 2009; August 1, 2004;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. December 23, 2017;
Amended Eff.
					 March 1, 2020.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 43 - PERSONAL HEALTH › Subchapter D - WIC/NUTRITION › Section .0700 - WIC PROGRAM FOOD DELIVERY SYSTEM › Section 43D .0704 - REPEALED - VALIDITY OF WIC FOOD INSTRUMENTS AND CASH-VALUE VOUCHERS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 130A-361;
					 7 C.F.R.
					 246;
					 42 U.S.C. 1786;
Eff.
					 July 1, 1981;
Amended Eff. July 1, 1989; July 1, 1985;
Temporary Amendment Eff. May 17, 2000;
Amended Eff. April 1,
					 2001;
Temporary Amendment Eff. July 1, 2002;
Amended
					 Eff. October 1, 2009; August 1, 2004;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. December 23, 2017;
Repealed Eff.
					 March 1, 2020.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 43 - PERSONAL HEALTH › Subchapter D - WIC/NUTRITION › Section .0700 - WIC PROGRAM FOOD DELIVERY SYSTEM › Section 43D .0705 - PAYMENT OF WIC FOOD BENEFITS

Current through Register Vol. 39, No. 2, July 15, 2024
The State of North Carolina shall:
(1) accept EBT transactions for North
				  Carolina WIC food benefits through the Federal Reserve and commercial banking
				  systems;
(2) provide payment for
				  all valid WIC food benefits. To the extent that funds are available in the WIC
				  disbursing account, payment shall be provided by the Department of Health and
				  Human Services.
Authority
					 G.S.
					 130A-361;
					 42 U.S.C.
					 1786;
					 7 C.F.R. 246.12;
Eff.
					 July 1, 1981;
Amended Eff. October 1, 2009; April 1,
					 2001;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. December 23, 2017;
Amended Eff.
					 March 1, 2020.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 43 - PERSONAL HEALTH › Subchapter D - WIC/NUTRITION › Section .0700 - WIC PROGRAM FOOD DELIVERY SYSTEM › Section 43D .0707 - VENDOR APPLICANTS

Current through Register Vol. 39, No. 2, July 15, 2024
To become authorized as a WIC vendor, a vendor applicant
					 shall comply with the following vendor selection criteria:
(1) A vendor applicant shall complete a WIC
				  Vendor Application, as set forth in Item (20) of this Rule, a WIC Price List,
				  as set forth in Item (4) of this Rule, and a WIC Vendor Agreement, as set forth
				  in 7 C.F.R.
				  246.12(h)(3). A vendor
				  applicant shall submit its current highest shelf price for each WIC
				  supplemental food listed on the WIC Price List, as set forth in Item (4) of
				  this Rule.
(2) A vendor applicant,
				  at the time of application and throughout the term of authorization, shall
				  submit all completed forms to the local WIC agency, except that a corporate
				  entity operating under a WIC corporate agreement shall submit one completed WIC
				  corporate agreement and the WIC Price Lists to the State agency and a separate
				  WIC Vendor Application for each store to the local WIC agency. A corporate
				  entity operating under a WIC corporate agreement may submit a single WIC Price
				  List for those stores that have the same prices for WIC supplemental foods in
				  each store, rather than submitting a separate WIC Price List for each
				  store.
(3) A vendor applicant shall
				  purchase all infant formula, exempt infant formula, and WIC-eligible
				  nutritionals directly from:
(a) The sources
				  specified in 42 U.S.C
				  1786(h)(8)(A)(ix), which is
				  incorporated by reference with all subsequent amendments and
				  editions;
(b) Retail food stores
				  that purchase directly from the sources referenced in Sub-item (3)(a) of this
				  Item; or
(c) A source on another
				  state's list of approved infant formula sources as verified by that state's
				  agency.
A vendor applicant shall make available to the State or
					 local WIC agency invoices or receipts documenting purchases of all infant
					 formula, exempt infant formula, and WIC-eligible nutritionals. Receipts and
					 invoices shall satisfy the requirements of Sub-items (24)(a) through (24)(c) of
					 Rule .0708 of this Section. A vendor applicant shall not be authorized if
					 within the last year the vendor applicant had a previous WIC Vendor Agreement
					 terminated for failure to purchase infant formula, exempt infant formula, or
					 WIC-eligible nutritionals from the sources specified in this Item. A vendor
					 applicant shall not be authorized if within the last year the vendor applicant
					 had a previous WIC Vendor Agreement terminated for providing infant formula,
					 exempt infant formula, or WIC-eligible nutritionals to WIC customers that was
					 not purchased from the sources specified in this Item.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 43 - PERSONAL HEALTH › Subchapter D - WIC/NUTRITION › Section .0700 - WIC PROGRAM FOOD DELIVERY SYSTEM › Section 43D .0709 - LOCAL WIC AGENCY

Current through Register Vol. 39, No. 2, July 15, 2024
By signing the WIC Vendor Agreement, the local WIC agency
					 agrees to the following:
(1) Provide
				  annual vendor training on WIC procedures and rules;
(2) Conduct routine monitoring, as set forth
				  in 7 C.F.R.
				  246.2 and
				  7 C.F.R. 246.12(j)(2), of the
				  vendor's performance under the agreement to ensure compliance with the
				  agreement and state and federal WIC program rules, regulations, and applicable
				  law. A minimum of one-third of all authorized vendors shall be monitored within
				  a fiscal year (October 1 through September 30) and all vendors shall be
				  monitored at least once within three consecutive fiscal years. Any vendor shall
				  be monitored within one week of written request by the state agency;
(3) Provide vendors with the North Carolina
				  WIC Vendor Manual, all Vendor Manual amendments, blank WIC Price Lists, and the
				  authorized WIC vendor stamp indicated on the signature page of the WIC Vendor
				  Agreement; and
(4) Assist the
				  vendor with questions which may arise under the agreement or through the
				  vendor's participation in the WIC Program.
Authority
					 G.S.
					 130A-361;
					 7 C.F.R.
					 246;
					 42 U.S.C. 1786;
Eff.
					 February 1, 2013;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. December 23,
					 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 43 - PERSONAL HEALTH › Subchapter D - WIC/NUTRITION › Section .0700 - WIC PROGRAM FOOD DELIVERY SYSTEM › Section 43D .0710 - VENDOR VIOLATIONS AND SANCTIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Title
				  7 C.F.R.
				  246.12(l)(1)(i) through (vi) and
				  (xii) are incorporated by reference with all
				  subsequent amendments and editions. In accordance with
				  7 C.F.R.
				  246.12(l)(1)(i), the State
				  agency shall not allow imposition of a civil money penalty in lieu of
				  disqualification for a vendor permanently disqualified. A pattern, as
				  referenced in 7 CFR
				  246.12(l)(1)(iii)(B) through
				  (F) and
				  246.12(l)(1)(iv)(A),
				  shall be established as follows:
(1) claiming
				  reimbursement for the sale of an amount of a specific supplemental food item
				  that exceeds the store's documented inventory of that supplemental food item
				  for six or more days within a 60-day period. The six or more days do not have
				  to be consecutive days within the 60-day period. Failure or inability to
				  provide records or providing false records required under Item (24) of Rule
				  .0708 of this Section for an inventory audit shall be deemed a violation of
				  7 C.F.R.
				  246.12(l)(1)(iii)(B) and
				  this Subparagraph;
(2) two
				  occurrences of vendor overcharging within a 12-month period;
(3) two occurrences of receiving,
				  transacting, or redeeming food benefits outside of authorized channels,
				  including the use of an unauthorized vendor or an unauthorized person within a
				  12-month period;
(4) two
				  occurrences of charging for supplemental food not received by the WIC customer
				  within a 12-month period;
(5) two
				  occurrences of providing credit or non-food items, other than alcohol,
				  alcoholic beverages, tobacco products, cash, firearms, ammunition, explosives,
				  or controlled substances as defined in
				  21 U.S.C.
				  802, in exchange for food benefits within a
				  12-month period; or
(6) three
				  occurrences of providing unauthorized food items in exchange for food benefits,
				  including charging for supplemental food provided in excess of those listed on
				  the food benefit balance within a 12-month period.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 43 - PERSONAL HEALTH › Subchapter D - WIC/NUTRITION › Section .0800 - WIC PROGRAM ADMINISTRATIVE APPEALS › Section 43D .0802 - APPEALS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The appeal
				  provisions for vendors and local agencies found in
				  7 C.F.R.
				  246.18(a), (b)(1) and (b)(9)
				  are incorporated by reference with all subsequent amendments and editions. The
				  appeal procedures in 7 C.F.R.
				  246.18(b)(1) and (b)(9)
				  shall apply to the adverse actions listed in
				  7 C.F.R.
				  246.18(a)(1)(i), (a)(1)(ii) and
				  (a)(3)(i).
(b) All administrative appeals under this
				  Section shall be made in accordance with G.S. 150B and
				  G.S.
				  130A-24.
Authority
					 G.S.
					 130A-361;
					 7 C.F.R.
					 246.18;
					 42 USC 1786;
Eff. July
					 1, 1981;
Amended Eff. July 1, 1987; July 1, 1986; July 1, 1983;
					 July 1, 1982;
Temporary Amendment Eff. May 17, 2000;
Amended Eff. April 1, 2001;
Temporary Amendment Eff. July 1,
					 2002;
Amended Eff. July 1, 2004;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. December 23,
					 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 43 - PERSONAL HEALTH › Subchapter D - WIC/NUTRITION › Section .0800 - WIC PROGRAM ADMINISTRATIVE APPEALS › Section 43D .0804 - CONTINUATION OF PARTICIPATION

Current through Register Vol. 39, No. 2, July 15, 2024
Except as provided in
					 42 U.S.C.
					 1786(o)(2) and
					 7 C.F.R. 246.18(a)(2) and
					 (a)(3)(iii), the participation of a local WIC agency or authorized WIC vendor
					 in the WIC program may continue during an administrative appeal. Except as
					 provided in 42 U.S.C.
					 1786(o)(2) and
					 7 C.F.R. 246.18(a)(2) and
					 (a)(3)(iii), the adverse action shall become effective upon issuance of a final
					 agency decision pursuant to
					 G.S.
					 150B-36 which upholds the adverse
					 action.
Authority
					 G.S.
					 130A-361;
					 7 C.F.R.
					 246.18;
					 42 U.S.C. 1786;
Eff.
					 July 1, 1981;
Amended Eff. July 1, 1986;
Temporary
					 Amendment Eff. July 1, 2002;
Amended Eff. July 1, 2004;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. December 23,
					 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 43 - PERSONAL HEALTH › Subchapter D - WIC/NUTRITION › Section .0800 - WIC PROGRAM ADMINISTRATIVE APPEALS › Section 43D .0806 - CONTINUING RESPONSIBILITIES

Current through Register Vol. 39, No. 2, July 15, 2024
An appeal shall not relieve the local agency or authorized
					 WIC vendor that is permitted to continue Program operations while its appeal is
					 in process from the responsibility of continued compliance with the terms of
					 any written agreement or contract with the state or local agency and WIC
					 Program rules, regulations, and law.
Authority
					 G.S.
					 130A-361;
					 7 C.F.R.
					 246.18;
					 42 U.S.C. 1786;
Eff.
					 July 1, 1981;
Temporary Amendment Eff. July 1, 2002;
Amended Eff. July 1, 2004;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. December 23,
					 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 43 - PERSONAL HEALTH › Subchapter D - WIC/NUTRITION › Section .0900 - WIC PROGRAM PARTICIPANT FAIR HEARINGS › Section 43D .0902 - GENERAL CONDITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) This Section
				  shall be carried out in accordance with
				  7 C.F.R.
				  246.9 and
				  G.S.
				  150B-22. The fair hearing procedures set out
				  in this Section establish an informal dispute resolution process which must be
				  complied with prior to making a formal appeal in accordance with G.S.
				  150B.
(b) For the purposes of this
				  Section, agency official shall mean the Branch Head of the Nutrition Services
				  Branch or his or her designee.
Authority
					 G.S.
					 130A-361;
					 150B-22;
					 7 C.F.R.
					 246.9;
					 42 U.S.C. 1786;
Eff.
					 July 1, 1981;
Amended Eff. December 6, 1991; November 1, 1990; July
					 1, 1987;
Temporary Amendment Eff. July 1, 2002;
Amended
					 Eff. July 1, 2004;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. December 23,
					 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 43 - PERSONAL HEALTH › Subchapter D - WIC/NUTRITION › Section .0900 - WIC PROGRAM PARTICIPANT FAIR HEARINGS › Section 43D .0903 - AVAILABILITY

Current through Register Vol. 39, No. 2, July 15, 2024
Any individual may appeal a state or local agency action
					 which results in a claim against the individual for repayment of the cash value
					 of improperly issued Program benefits or results in the individual's denial of
					 participation or disqualification from the WIC Program by requesting a fair
					 hearing.
Authority
					 G.S.
					 130A-361;
					 150B-22;
					 7 C.F.R.
					 246.9;
					 42 U.S.C. 1786;
Eff.
					 July 1, 1981;
Amended Eff. November 1, 1990;
Temporary
					 Amendment Eff. July 1, 2002;
Amended Eff. July 1, 2004;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. December 23,
					 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 43 - PERSONAL HEALTH › Subchapter D - WIC/NUTRITION › Section .0900 - WIC PROGRAM PARTICIPANT FAIR HEARINGS › Section 43D .0904 - NOTIFICATION OF THE RIGHT TO A FAIR HEARING

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Every
				  current or potential WIC participant shall be informed by the local WIC agency
				  of his or her right to a fair hearing:
(1) in
				  writing at the time of application;
(2) in writing whenever he or she is
				  determined ineligible;
(3) in
				  writing if disqualified due to abuse of the program;
(4) in writing at the time of assessment of a
				  claim for repayment of the cash value of improperly issued Program benefits;
				  and
(5) orally or in writing at
				  least 15 days before the expiration of each certification period.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 43 - PERSONAL HEALTH › Subchapter D - WIC/NUTRITION › Section .0900 - WIC PROGRAM PARTICIPANT FAIR HEARINGS › Section 43D .0905 - REQUEST FOR A FAIR HEARING

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A request
				  for a fair hearing is any expression that conveys a desire to present a case
				  contesting an action that results in an individual's denial of participation,
				  or disqualification from the program or a claim against an individual for
				  repayment of the cash value of improperly issued Program benefits. This request
				  may be made to any of the following:
(1) the
				  agency official;
(2) the agency
				  director of the local WIC agency;
(3) the WIC director of the local WIC
				  agency;
(4) any person serving in
				  one of the above three roles in the absence of the agency official, agency
				  director or WIC director.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 43 - PERSONAL HEALTH › Subchapter D - WIC/NUTRITION › Section .0900 - WIC PROGRAM PARTICIPANT FAIR HEARINGS › Section 43D .0906 - DENIAL OR DISMISSAL OF A REQUEST

Current through Register Vol. 39, No. 2, July 15, 2024
The hearing officer shall deny or dismiss a hearing
					 if:
(1) the request is not received
				  within 60 days of the date of notification of the action;
(2) the request is withdrawn in writing by
				  the appellant or his or her representative;
(3) the request is verbally withdrawn by the
				  appellant or the appellant's parent, caretaker, or any other person acting on
				  his or her behalf during conversation with the agency Official. Within 10 days
				  of this verbal withdrawal request the agency official shall send a letter to
				  the appellant and the local WIC agency summarizing the events which lead to the
				  withdrawal of the request. This letter shall include notification of the
				  appellant's right to reinstate the request for a fair hearing;
(4) the appellant or the appellant's parent,
				  caretaker, or any other person acting on his or her behalf fails to appear at
				  the scheduled hearing, unless the failure to appear was due to circumstances
				  beyond the control of the appellant or his or her representative;
(5) the request is made in reference to the
				  tailoring of the food package; or
(6) the initial action assessing a claim for
				  the cash value of improperly issued Program benefits or denying participation
				  or disqualifying from the program has been reversed by the local WIC agency or
				  the state agency, resulting in the provision of program benefits to the
				  appellant.
Authority
					 G.S.
					 130A-361;
					 150B-22;
					 7 C.F.R.
					 246.9;
					 42 U.S.C. 1786;
Eff.
					 July 1, 1981;
Amended Eff. November 1, 1990;
Temporary
					 Amendment Eff. July 1, 2002;
Amended Eff. July 1, 2004;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. December 23,
					 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 43 - PERSONAL HEALTH › Subchapter D - WIC/NUTRITION › Section .0900 - WIC PROGRAM PARTICIPANT FAIR HEARINGS › Section 43D .0907 - CONTINUATION OF BENEFITS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) WIC program
				  benefits shall be continued during the appeal of the following actions when the
				  request for a hearing is received within 15 days of notification of the action:
(1) disqualification from the program for
				  abuse during a certification period;
(2) determination of ineligibility during a
				  certification period due to categorical ineligibility or residential
				  ineligibility; or
(3) other
				  terminations during a certification period.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 43 - PERSONAL HEALTH › Subchapter D - WIC/NUTRITION › Section .0900 - WIC PROGRAM PARTICIPANT FAIR HEARINGS › Section 43D .0908 - NOTICE OF HEARING

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The local or
				  State agency official shall notify the appellant, or his or her representative,
				  the local WIC agency, and the Nutrition Services Branch in writing that a
				  request for a hearing has been received.
(b) Notice of the date, time, and place of
				  the hearing shall be given to all parties at least 10 days in advance of the
				  hearing.
(c) The notice to the
				  appellant, or his or her representative, shall include a stamped envelope with
				  the return address of the agency official with a request that it be returned
				  indicating whether the date, time, and place for the hearing is satisfactory.
				  If a response is not received at least 72 hours prior to the time proposed for
				  the hearing, it shall be assumed that the date, time, and place are
				  satisfactory.
(d) The notice shall
				  contain:
(1) an explanation of the procedure
				  for the hearing;
(2) a statement of
				  the date, hour, place and nature of the hearing;
(3) a reference to the particular sections of
				  the statutes and rules involved; and
(4) a statement of the factual
				  allegations.