New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter E - Food And Drug Products; Research › Part 60 - Food And Drug Products › Subpart 60-1 - Wic Program-violations And Hearings Involving Applicants, Participants, Food Vendors And Local Agencies › Section 60-1.12 - Fair hearings involving food vendors and local agencies where no contemporaneous penalty is sought

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A food
					 vendor, upon request, shall be entitled to a fair hearing under this section if
					 its application to supply supplemental foods to WIC program participants is
					 denied, or if it is disqualified during the contract period from the WIC
					 program for violation of its contract with the local agency or for high prices
					 or low volume as defined in the vendor's contract and no contemporaneous
					 monetary penalty under the authority of section 12  of the Public Health Law is sought against
					 it. A fair hearing shall not be required when a vendor contract has expired and
					 has not been renewed. Neither the local agency nor the department shall accept
					 an application for WIC participation from a vendor whose contract has not been
					 renewed, for one year from the date of the contract expiration.
(b) A local agency, upon request, shall be
					 entitled to a fair hearing under this section if its application to serve as a
					 local WIC agency is denied or if it is disqualified. A fair hearing shall not
					 be required when a local agency's contract with the State agency has expired
					 and has not been renewed.
(c) If a
					 local agency or a food vendor is denied, or disqualified from, participation in
					 the WIC program, such vendor or agency shall be given written notice promptly
					 of such action, the reasons therefore, the rules and regulations governing food
					 vendor or local agency participation in the WIC program, the right to a fair
					 hearing, and that such hearing may be obtained by the local agency or vendor by
					 petitioning, orally or in writing, the Director, Investigative Services Unit,
					 Bureau of Nutrition, New York State Department of Health, Tower Building,
					 Governor Nelson A. Rockefeller Empire State Plaza, Albany, NY 12237, (518)
					 474-3343 within 15 days from the date the notice of agency action is served.
					 Failure to request a hearing within the required 15- day period will result in
					 a waiver of the food vendor or local agency's right to a hearing.
(d) A written notice of hearing shall be sent
					 by certified mail to the applicant and other parties involved at least 10 days
					 prior to the scheduled date of the hearing. Such notice shall:
(1) specify the date, time and place of the
					 hearing;
(2) state briefly the
					 issues which are to be the subject of the hearing;
(3) explain the manner in which the fair
					 hearing will be conducted;
(4)
					 apprise the petitioner of its right to be represented by an attorney, to
					 testify, present documentary evidence, produce witnesses, cross-examine adverse
					 witnesses, and to examine prior to and during the hearing the documents and
					 records supporting the action under appeal; and
(5) state that failure to appear at the
					 hearing shall constitute waiver of the petitioner's right to a hearing and that
					 an order will be issued denying or disqualifying the petitioner from
					 participation in the WIC program.