reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 406 - Licensed Genetic Counselors › Subchapter 19 - Issuance of License › Section 310:406-19-3 - Notification

Current through Vol. 41, No. 20, July 1, 2024
After the applicant fulfills all requirements for licensure
				  the Department shall notify the licensee of qualification.
Added at 24 Ok Reg 197,
				  eff 11-1-06 (emergency); Added at 24 Ok Reg 1971, eff
				  6-25-07
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 406 - Licensed Genetic Counselors › Subchapter 19 - Issuance of License › Section 310:406-19-4

Current through Vol. 41, No. 20, July 1, 2024
Added at 24 Ok Reg 197,
				  eff 11-1-06 (emergency); Added at 24 Ok Reg 1971, eff
				  6-25-07
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 406 - Licensed Genetic Counselors › Subchapter 19 - Issuance of License › Section 310:406-19-5

Current through Vol. 41, No. 20, July 1, 2024
Added at 24 Ok Reg 197,
				  eff 11-1-06 (emergency); Added at 24 Ok Reg 1971, eff
				  6-25-07
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 406 - Licensed Genetic Counselors › Subchapter 19 - Issuance of License › Section 310:406-19-6

Current through Vol. 41, No. 20, July 1, 2024
Added at 24 Ok Reg 197,
				  eff 11-1-06 (emergency); Added at 24 Ok Reg 1971, eff
				  6-25-07
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 406 - Licensed Genetic Counselors › Subchapter 21 - License Renewal and Expiration › Section 310:406-21-1 - Responsibility

Current through Vol. 41, No. 20, July 1, 2024
Each LGC is responsible for renewing the license before the
				  expiration date.
Added at 24 Ok Reg 197,
				  eff 11-1-06 (emergency); Added at 24 Ok Reg 1971, eff
				  6-25-07
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 406 - Licensed Genetic Counselors › Subchapter 21 - License Renewal and Expiration › Section 310:406-21-2

Current through Vol. 41, No. 20, July 1, 2024
Added at 24 Ok Reg 197,
				  eff 11-1-06 (emergency); Added at 24 Ok Reg 1971, eff
				  6-25-07
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 406 - Licensed Genetic Counselors › Subchapter 21 - License Renewal and Expiration › Section 310:406-21-3 - Renewal of license

Current through Vol. 41, No. 20, July 1, 2024
The initial license expires two (2) years from the date of
				  issuance unless renewed. License renewals expire every two years. Prior to
				  submitting a request for license renewal the licensee must complete at least
				  thirty (30) hours of continuing education.
Added at 24 Ok Reg 197,
				  eff 11-1-06 (emergency); Added at 24 Ok Reg 1971, eff
				  6-25-07
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 406 - Licensed Genetic Counselors › Subchapter 21 - License Renewal and Expiration › Section 310:406-21-4 - Requirements for renewal

Current through Vol. 41, No. 20, July 1, 2024
Requirements for renewal include the following:
(1) Compliance with the Act and this
				Chapter;
(2) Documentation of the
				required continuing education; and,
(3) Payment of the renewal fee(s).
Added at 24 Ok Reg 197,
				  eff 11-1-06 (emergency); Added at 24 Ok Reg 1971, eff
				  6-25-07
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 406 - Licensed Genetic Counselors › Subchapter 21 - License Renewal and Expiration › Section 310:406-21-5 - Display of verification card

Current through Vol. 41, No. 20, July 1, 2024
A current license verification card shall be displayed on the
				  original or replaced license.
Added at 24 Ok Reg 197,
				  eff 11-1-06 (emergency); Added at 24 Ok Reg 1971, eff
				  6-25-07
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 406 - Licensed Genetic Counselors › Subchapter 21 - License Renewal and Expiration › Section 310:406-21-6

Current through Vol. 41, No. 20, July 1, 2024
Added at 24 Ok Reg 197,
				  eff 11-1-06 (emergency); Added at 24 Ok Reg 1971, eff
				  6-25-07
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 406 - Licensed Genetic Counselors › Subchapter 21 - License Renewal and Expiration › Section 310:406-21-7 - Renewal notification

Current through Vol. 41, No. 20, July 1, 2024
The Department shall notify licensee, at least forty-five
				  (45) days prior to the expiration date of the LGC's license, a notice of
				  expiration.
Added at 24 Ok Reg 197,
				  eff 11-1-06 (emergency); Added at 24 Ok Reg 1971, eff
				  6-25-07
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 406 - Licensed Genetic Counselors › Subchapter 21 - License Renewal and Expiration › Section 310:406-21-8 - Failure to renew

Current through Vol. 41, No. 20, July 1, 2024
If the licensee fails to renew the license by the expiration
				  date, the Department shall mail to the licensee's last known address a
				  notification that includes the following:
(1) Suspension of the license and forfeiture
				of rights and any privilege granted pursuant to the license; and
(2) The LGC has the right to reinstate the
				license by payment of the renewal fee and the late renewal fee and fulfillment
				of all other renewal requirements for up to one (1) year following the
				suspension of the license.
Added at 24 Ok Reg 197,
				  eff 11-1-06 (emergency); Added at 24 Ok Reg 1971, eff
				  6-25-07
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 406 - Licensed Genetic Counselors › Subchapter 21 - License Renewal and Expiration › Section 310:406-21-9 - Return of license

Current through Vol. 41, No. 20, July 1, 2024
Licenses not renewed within the one (1) year re-instatement
				  period cannot be reinstated and the license shall be returned to the
				  Department.
Added at 24 Ok Reg 197,
				  eff 11-1-06 (emergency); Added at 24 Ok Reg 1971, eff
				  6-25-07
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 406 - Licensed Genetic Counselors › Subchapter 21 - License Renewal and Expiration › Section 310:406-21-10 - Misrepresentation

Current through Vol. 41, No. 20, July 1, 2024
A LGC whose license has been inactivated, suspended, or
				  revoked and continues to represent himself as an LGC, is in violation of the
				  Act and shall be reported to the appropriate District Attorney for
				  prosecution.
Added at 24 Ok Reg 197,
				  eff 11-1-06 (emergency); Added at 24 Ok Reg 1971, eff
				  6-25-07
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 406 - Licensed Genetic Counselors › Subchapter 23 - Enforcement › Section 310:406-23-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
This Subchapter specifies the administration of complaints
				  and the filing of disciplinary actions against LGCs or against persons who
				  practice genetic counseling without a license or exemption.
Added at 24 Ok Reg 197,
				  eff 11-1-06 (emergency); Added at 24 Ok Reg 1971, eff
				  6-25-07
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 406 - Licensed Genetic Counselors › Subchapter 23 - Enforcement › Section 310:406-23-2 - Complaints

Current through Vol. 41, No. 20, July 1, 2024
(a) Any person may file a complaint against a
				LGC or a person practicing genetic counseling who is not otherwise exempt from
				the LGC Act. A person wishing to report a complaint or alleged violation
				against a licensee or person practicing genetic counseling may notify the
				Department. The Department shall determine whether the complaint alleges a
				possible violation of the Act or this Chapter.
(b) The complaint and the identity of the
				complainant is confidential and cannot be available for public inspection.
Added at 24 Ok Reg 197,
				  eff 11-1-06 (emergency); Added at 24 Ok Reg 1971, eff
				  6-25-07
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 406 - Licensed Genetic Counselors › Subchapter 23 - Enforcement › Section 310:406-23-3 - Investigation

Current through Vol. 41, No. 20, July 1, 2024
If the Department has reason to believe that a possible
				  violation of the Act or this Chapter has occurred, the Department may commence
				  an investigation of the complaint.
Added at 24 Ok Reg 197,
				  eff 11-1-06 (emergency); Added at 24 Ok Reg 1971, eff
				  6-25-07
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 406 - Licensed Genetic Counselors › Subchapter 23 - Enforcement › Section 310:406-23-4 - Filing of an action

Current through Vol. 41, No. 20, July 1, 2024
(a) The Department
				may begin a disciplinary action against an LGC or a person practicing genetic
				counseling who is not exempt from licensure by following the procedures in
				Chapter 2 of this Title. The Department shall specifically state each violation
				and remedy sought by the Department. A remedy may include any or all of the
				following: revocation of a license, suspension of a license, probation of a
				licensee or administrative penalty.
(b) If in the course of an investigation the
				Department determines that a licensee or candidate for licensure has engaged in
				conduct of a nature that is detrimental to the health, safety, or welfare of
				the public, and which conduct necessitates immediate action to prevent further
				harm, the Commissioner may order a summary suspension of the genetic
				counselor's license or authorization to conduct genetic counseling. A
				presumption of imminent harm to the public shall exist if the Department
				determines that probable cause exists that a licensee or candidate has violated
				310:406-5-3(f)
				or
				310:406-5-4
				(a, b, c or e).
Added at 24 Ok Reg 197,
				  eff 11-1-06 (emergency); Added at 24 Ok Reg 1971, eff
				  6-25-07
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 406 - Licensed Genetic Counselors › Subchapter 23 - Enforcement › Section 310:406-23-5 - Hearing

Current through Vol. 41, No. 20, July 1, 2024
Hearings shall be conducted by the Commissioner or the
				  Commissioner's designee as specified in Chapter 2 of this Title. At the
				  conclusion of the evidence, the Department recommends the most appropriate
				  penalty.
Added at 24 Ok Reg 197,
				  eff 11-1-06 (emergency); Added at 24 Ok Reg 1971, eff
				  6-25-07
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 406 - Licensed Genetic Counselors › Subchapter 23 - Enforcement › Section 310:406-23-6 - Final order

Current through Vol. 41, No. 20, July 1, 2024
The Department, either by order of the Commissioner or his
				  designee, shall issue a final order on all disciplinary matters. Final orders
				  are appealable under the Administrative Procedures Act to the district
				  courts.
Added at 24 Ok Reg 197,
				  eff 11-1-06 (emergency); Added at 24 Ok Reg 1971, eff
				  6-25-07
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 406 - Licensed Genetic Counselors › Subchapter 23 - Enforcement › Section 310:406-23-7 - Unauthorized practice

Current through Vol. 41, No. 20, July 1, 2024
Any person found to be practicing genetic counseling without
				  being either properly licensed or exempt will be ordered to cease practicing
				  and may be subject to an administrative penalty. The Department may seek the
				  assistance of the courts if the unauthorized practice of genetic counseling
				  continues.
Added at 24 Ok Reg 197,
				  eff 11-1-06 (emergency); Added at 24 Ok Reg 1971, eff
				  6-25-07
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 406 - Licensed Genetic Counselors › Subchapter 23 - Enforcement › Section 310:406-23-8 - Administrative penalties

Current through Vol. 41, No. 20, July 1, 2024
(a) The Department
				may assess an administrative penalty against an individual if the order
				includes a finding that the individual violated any of the following:
(1) Any provision of the Act, including
				practicing counseling without licensure or exemption; or
(2) Any rule within this Chapter; or
(3) Any order issued pursuant to
				this Chapter.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 410 - WIC › Subchapter 1 - General Provisions › Section 310:410-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
This Chapter establishes rules for the Special Supplemental
				  Food Program for Women, Infants and Children (WIC).
Added at 10 Ok Reg 635,
				  eff 1-1-93 (emergency); Added at 10 Ok Reg 1715, eff 6-1-93; Amended at 16 Ok
				  Reg 2505, eff 6-25-99
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 410 - WIC › Subchapter 1 - General Provisions › Section 310:410-1-2 - Third party administration of WIC

Current through Vol. 41, No. 20, July 1, 2024
(a) The Oklahoma State Department of Health
				is authorized to enter into contracts with third party administrators to
				establish a system for processing claims for payment pursuant to the United
				States Department of Agriculture's Supplemental Food Program for Women,
				Infants, and Children (WIC).
(b)
				The Oklahoma State Department of Health reserves the right to reject any or all
				contract proposals, to award in whole or in part, and to waive minor defects.
				An individual proposal may be rejected if it fails to meet any requirement. The
				Oklahoma State Department of Health may seek clarification from a bidder at any
				time, and failure to respond is cause for rejection. Any alternate proposal
				that meets the Oklahoma State Department of Health's needs may also be
				considered. Contract negotiations may be necessary after award in order to
				formalize understanding.
(c)
				Submission of a contract proposal confers no rights on the bidder to an award
				or to a subsequent contract. All decisions on compliance, evaluation, terms,
				and conditions shall be solely at the discretion of the Oklahoma State
				Department of Health, and made to favor the Oklahoma State Department of
				Health.
(d) The Oklahoma State
				Department of Health reserves the right to modify requirements during the
				course of this contract by changing the scope of work, deliverables, and
				timeframes, as well as addition or deletion of tasks to be performed or
				equipment to be provided and/or any other modification deemed necessary. Any
				changes in pricing proposed by the contractor resulting from the proposed
				changes will be subject to the acceptance by the Oklahoma State Department of
				Health. In the event prices are not acceptable to the Oklahoma State Department
				of Health, the contract may be subject to reprocurement based upon the new
				specification(s).
Added at 10 Ok Reg 635,
				  eff 1-1-93 (emergency); Added at 10 Ok Reg 1715, eff
				  6-1-93
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 410 - WIC › Subchapter 3 - Vendor Management › Part 1 - GENERAL PROVISIONS › Section 310:410-3-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The purpose of this Subchapter is to provide for the
					 qualifications, approval process, education and compliance review of vendors
					 who participate in the Oklahoma WIC Program. This Subchapter further provides
					 for the sanctions of vendors who violate this Subchapter and to enable the
					 department to carry out its responsibilities for fiscal management and
					 accountability for the food delivery system under its
					 jurisdiction.
Added at 10 Ok Reg
					 4203, eff 8-1-93 (emergency); Added at 11 Ok Reg 3823, eff
					 7-11-94
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 410 - WIC › Subchapter 3 - Vendor Management › Part 1 - GENERAL PROVISIONS › Section 310:410-3-3 - Application of vendor management

Current through Vol. 41, No. 20, July 1, 2024
The procedures in this Subchapter apply to all Applicants
					 for participation as vendors in the WIC Program and all vendors under agreement
					 with the department. Any authorization issued prior to the effective date of
					 the Act or this Subchapter, shall remain valid and subject to the Act and this
					 Subchapter.
Added at 10 Ok Reg
					 4203, eff 8-1-93 (emergency); Added at 11 Ok Reg 3823, eff 7-11-94; Amended at
					 25 Ok Reg 870, eff 5-11-08
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 410 - WIC › Subchapter 3 - Vendor Management › Part 3 - WIC VENDOR APPLICATION AND AUTHORIZATION PROCESS › Section 310:410-3-10 - Participant distribution and number of vendors

Current through Vol. 41, No. 20, July 1, 2024
(a) Upon receipt of the application, the
				  department shall utilize participant/vendor ratios and shall consider
				  participant needs within geographical locations to determine if the applicant
				  meets the county participant/vendor ratio to be eligible for
				  selection.
(b) The
				  participant/vendor ratio shall be calculated for the counties within the state
				  of Oklahoma to determine the need for WIC retail vendors within such counties.
(1) The counties will be divided into two
				  classifications:
(A) Urban Counties -
				  Counties that have towns/cities located within their boundaries with a
				  population of 20,000 or greater (per current Census Population).
(B) Rural Counties - Counties that have
				  towns/cities located within their boundaries with a population of less than
				  20,000 or consist of sparsely populated areas.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 410 - WIC › Subchapter 3 - Vendor Management › Part 3 - WIC VENDOR APPLICATION AND AUTHORIZATION PROCESS › Section 310:410-3-11 - Application procedures

Current through Vol. 41, No. 20, July 1, 2024
The department shall provide an application for applying to
					 become a WIC retail vendor. Submission of a completed application shall not
					 constitute authorization to an applicant to accept or receive payment for food
					 instruments. Any application submitted improperly or incompletely shall be
					 returned to the applicant. Any application not completed and returned to the
					 department within sixty (60) calendar days from receipt by the applicant shall
					 not be processed. An applicant can apply for authorization to become a WIC
					 retail vendor by submitting the following to the department:
(1) An application for WIC vendor
				  authorization as a sole proprietorship shall include the following:
(A) identity and addresses of
				  owner;
(B) owner's Social Security
				  number;
(C) the Federal Employer
				  Identification Number (FEIN) of the business entity;
(D) identification of any ownership interest
				  of thirty percent (30%) or more in any other entity applying for WIC vendor
				  authorization or WIC vendor, if requested by the department;
(E) identification of the business entity,
				  the store type, location of the vendor site and an employee contact for WIC
				  purposes;
(F) proof of the owner's
				  Social Security number, if requested by the department;
(G) proof of the business entity's FEIN, if
				  requested; and
(H) proof of USDA
				  Food Stamp authorization, if requested by the department.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 410 - WIC › Subchapter 3 - Vendor Management › Part 3 - WIC VENDOR APPLICATION AND AUTHORIZATION PROCESS › Section 310:410-3-13 - WIC food list and quantities

Current through Vol. 41, No. 20, July 1, 2024
Foods which qualify for delivery to WIC participants shall
					 be determined by the department and placed upon a list which shall be made
					 public. Changes made to the WIC food list by the department, including addition
					 and deletion of eligible foods, shall be distributed to all local agencies,
					 eligible participants and WIC vendors prior to implementation. If a vendor
					 intends to utilize a WIC food list which differs in form from the WIC food list
					 distributed by the department, such use shall require prior approval of the
					 department. To obtain such approval, the vendor shall submit a request for such
					 use in writing to the department and shall include a copy of the food list it
					 intends to use. The department shall review the food list submitted and inform
					 the vendor whether it shall approve or disapprove of the use of such list based
					 upon the current department list. Disapproval of such a request shall not give
					 rise to any right of administrative appeal.
Added at 10 Ok Reg
					 4203, eff 8-1-93 (emergency); Added at 11 Ok Reg 3823, eff 7-11-94; Amended at
					 25 Ok Reg 870, eff 5-11-08
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 410 - WIC › Subchapter 3 - Vendor Management › Part 3 - WIC VENDOR APPLICATION AND AUTHORIZATION PROCESS › Section 310:410-3-14 - Criteria for denial of initial authorization

Current through Vol. 41, No. 20, July 1, 2024
A determination by the Commissioner of Health or designee
					 to deny initial authorization shall be based upon a finding that one (1) or
					 more of the following criteria are met:
(1) The applicant has not met the
				  requirements of the USDA WIC Regulations or this part.
(2) The applicant has submitted false,
				  erroneous, or inaccurate information on the application, or in the business or
				  financial information provided to the department or during the course of the
				  initial on-site inspection of the proposed vendor site.
(3) The applicant has refused to allow the
				  department access to inspect the proposed vendor site during the applicant's
				  normal business hours.
(4) The
				  applicant has submitted a FEIN or Social Security number for the business
				  entity to be operated at the proposed vendor site which is not the same FEIN or
				  Social Security number filed for the same business entity with the USDA Food
				  Stamp Program and/or with the Oklahoma Tax Commission.
(5) The applicant does not have the necessary
				  local, municipal, or village license to operate as a business entity at the
				  proposed vendor site.
(6) The
				  applicant has previously been authorized as a WIC vendor and the applicant's
				  charges as a vendor for WIC approved foods, for a minimum of three (3) months
				  during the agreement period, were:
(A) more
				  than the department estimated costs for those WIC approved foods as reflected
				  in the vendor price survey; or
(B)
				  at least ten percent (10%) or greater than the average charges submitted by
				  other vendors of the same peer group.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 410 - WIC › Subchapter 3 - Vendor Management › Part 3 - WIC VENDOR APPLICATION AND AUTHORIZATION PROCESS › Section 310:410-3-15 - Denial of authorization

Current through Vol. 41, No. 20, July 1, 2024
(a) Application
				  for authorization as a WIC retail vendor shall be denied when the Commissioner
				  of Health or designee finds that an applicant does not meet any of the criteria
				  set forth.
(b) When the
				  Commissioner of Health or designee determines that the application for
				  authorization as a WIC retail vendor is to be denied, the department shall
				  notify the applicant. The notice to the applicant shall be in writing and shall
				  include:
(1) a clear and concise statement of
				  the basis for denial. The statement shall include a citation to the USDA WIC
				  Regulations or the provisions of this Subchapter for which the application is
				  being denied.
(2) a description of
				  the right of the applicant to appeal the denial of the application within
				  fifteen (15) calendar days of receipt of the letter and the right to a
				  hearing.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 410 - WIC › Subchapter 3 - Vendor Management › Part 5 - WIC VENDOR EDUCATION › Section 310:410-3-20 - Initial WIC retail training by the Department

Current through Vol. 41, No. 20, July 1, 2024
(a) An initial WIC retail training course
				  shall be provided to vendor applicants who have met the criteria in Part 3 of
				  this Subchapter. All vendor sites shall send a representative listed on the
				  application to such training course except as provided for by the
				  department.
(b) The initial WIC
				  retail training course shall include, but shall not be limited to the
				  following:
(1) the purpose of the WIC
				  Program,
(2) certification of WIC
				  participants,
(3) responsibilities
				  of the WIC retail vendor,
(4)
				  minimum quantities,
(5) sizes and
				  types of authorized WIC approved foods,
(6) food instrument processing and
				  transactions,
(7) USDA WIC
				  Regulations and the provisions of this part,
(8) monitoring and compliance
				  visits,
(9) WIC fraud and abuse
				  provisions,
(10) potential
				  sanctions to vendors,
(11)
				  collection of overcharges,
(12) the
				  vendor's responsibility for maintenance of purchasing records,
(13) procedures for WIC
				  participant,
(14) vendor or public
				  complaints,
(15) the WIC vendor
				  agreement, and
(16) completion of
				  the retail vendor price survey.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 410 - WIC › Subchapter 3 - Vendor Management › Part 5 - WIC VENDOR EDUCATION › Section 310:410-3-21 - Initial WIC retail training by a vendor

Current through Vol. 41, No. 20, July 1, 2024
(a) A vendor who meets the following criteria
				  shall have the option of providing the initial WIC retail training to each
				  vendor site only with written prior approval of the department. The vendor
				  shall meet the following criteria:
(1) the
				  vendor shall submit a written request to provide the training course and all
				  materials which shall be used in the course which shall include the subjects
				  specified in this Code;
(2) all WIC
				  retail vendor outlets shall operate under one FEIN;
(3) department representatives shall be
				  allowed to observe the training; and
(4) a certification of understanding of the
				  WIC Program shall be completed and signed by the vendor or his
				  representative
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 410 - WIC › Subchapter 3 - Vendor Management › Part 5 - WIC VENDOR EDUCATION › Section 310:410-3-22 - Annual WIC retail training program

Current through Vol. 41, No. 20, July 1, 2024
(a) Unless a vendor has attended an initial
				  WIC retail vendor training meeting during the agreement period, a
				  representative from each vendor site shall be notified and shall participate in
				  an annual department sponsored training program. This person shall not
				  represent more than one (1) WIC retail vendor site at any annual training
				  course.
(b) Each training program
				  shall include, but not be limited to the following topics:
(1) any changes to the USDA WIC Regulations
				  or the provisions of this part,
(2)
				  and issues relating to the WIC vendor agreement.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 410 - WIC › Subchapter 3 - Vendor Management › Part 5 - WIC VENDOR EDUCATION › Section 310:410-3-23 - Compliance training workshop

Current through Vol. 41, No. 20, July 1, 2024
(a) Any
				  WIC retail vendor who has been found to have committed a Class A or Class B
				  violation shall be required to attend a compliance training workshop. Any
				  vendor required to attend shall not represent more than one (1) WIC retail
				  vendor site at any compliance workshop. Attendance at the compliance training
				  workshop shall not be required if the vendor is terminated from
				  authorization.
(b) The vendor shall
				  be notified in writing of the workshop date by the department.
(c) Workshop topics shall include, but not be
				  limited to the following:
(1) the WIC vendor
				  agreement,
(2) the USDA WIC
				  Regulations and
(3) the provisions
				  of this part.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 410 - WIC › Subchapter 3 - Vendor Management › Part 7 - WIC VENDOR AUTHORIZATION AND RESPONSIBILITIES › Section 310:410-3-30 - Authorization

Current through Vol. 41, No. 20, July 1, 2024
Upon successful completion of the process for application
					 or re-authorization, each applicant or WIC vendor who meets the criteria set
					 forth in this Subchapter shall be notified that they are approved for
					 authorization pending completion of a WIC vendor agreement.
Added at 10 Ok Reg
					 4203, eff 8-1-93 (emergency); Added at 11 Ok Reg 3823, eff 7-11-94; Amended at
					 22 Ok Reg 741, eff 5-12-05
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 410 - WIC › Subchapter 3 - Vendor Management › Part 7 - WIC VENDOR AUTHORIZATION AND RESPONSIBILITIES › Section 310:410-3-31 - WIC vendor agreement requirement

Current through Vol. 41, No. 20, July 1, 2024
All authorizations to act as WIC retail vendors require a
					 properly executed, written WIC vendor agreement between the department and the
					 vendor. In the retail purchase system, a standard WIC vendor agreement shall be
					 used statewide and requires ratification annually. Exceptions to this
					 requirement shall be made with the approval of the Commissioner of Health or
					 designee, consistent with USDA WIC Regulations (
					 7 CFR 246.12(f)
					 (1) ).
Added at 10 Ok Reg
					 4203, eff 8-1-93 (emergency); Added at 11 Ok Reg 3823, eff 7-11-94; Amended at
					 22 Ok Reg 741, eff 5-12-05
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 410 - WIC › Subchapter 3 - Vendor Management › Part 7 - WIC VENDOR AUTHORIZATION AND RESPONSIBILITIES › Section 310:410-3-32 - Expiration of WIC vendor authorization and agreement

Current through Vol. 41, No. 20, July 1, 2024
The department is under no obligation to re-authorize a WIC
					 vendor at the time of expiration of the WIC vendor agreement.
Added at 10 Ok Reg
					 4203, eff 8-1-93 (emergency); Added at 11 Ok Reg 3823, eff 7-11-94; Amended at
					 22 Ok Reg 741, eff 5-12-05
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 410 - WIC › Subchapter 3 - Vendor Management › Part 7 - WIC VENDOR AUTHORIZATION AND RESPONSIBILITIES › Section 310:410-3-33 - Food instrument processing

Current through Vol. 41, No. 20, July 1, 2024
The vendor shall submit food instruments for payment for
					 the provision of WIC supplemental foods in the following manner:
(1) The vendor shall ask the WIC participant
				  or proxy for the WIC participant identification folder and the WIC food
				  instrument.
(2) The vendor shall
				  not accept a food instrument that is signed before the vendor fills in the
				  actual amount of sale.
(3) The food
				  instrument shall be accepted only within the time limits specified on the food
				  instrument.
(4) The vendor shall
				  ensure that the food items that the participant or proxy chooses to obtain from
				  the food items listed on the food instrument, are authorized WIC foods and are
				  the food items stated on the food instrument.
(5) The vendor shall write the actual total
				  shelf price or less on the food instrument. The food instrument shall be signed
				  by the WIC participant or the approved proxy. Both of these actions shall take
				  place at the vendor site unless the transaction is a participant or proxy
				  requested delivery. The vendor shall not obtain the participant/proxy signature
				  until after the actual amount of sale is put on the food instrument.
(6) The vendor shall verify the signature on
				  the WIC participant identification folder against the signature on the food
				  instrument, as either the name of a participant or a proxy. If the vendors
				  finds any variation in the signatures, the vendor may request from the
				  participant or proxy an additional form of identification with the
				  participant's or proxy's signature. If the participant or proxy does not have
				  another form of identification, the vendor may refuse the participant's or
				  proxy's request to obtain the food.
(7) The vendor shall use the authorized stamp
				  to imprint the assigned four (4) digit vendor number on the food instrument in
				  the space indicated.
(8) The vendor
				  shall deposit the food instrument in a local financial institution within
				  thirty (30) days from the "Last Day to Use" printed on the food
				  instrument.
(9) Any food instrument
				  improperly completed by the vendor shall be rejected.
Added at 10 Ok Reg
					 4203, eff 8-1-93 (emergency); Added at 11 Ok Reg 3823, eff 7-11-94; Amended at
					 16 Ok Reg 2505, eff 6-25-99; Amended at 17 Ok Reg 1600, eff 5-25-00; Amended at
					 25 Ok Reg 870, eff 5-11-08
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 410 - WIC › Subchapter 3 - Vendor Management › Part 7 - WIC VENDOR AUTHORIZATION AND RESPONSIBILITIES › Section 310:410-3-34 - Specifications for rejection of food instruments

Current through Vol. 41, No. 20, July 1, 2024
(a) Food instruments shall be rejected for
				  payment for the following reasons:
(1)
				  Submission of a food instrument before the "First Day to Use."
(2) Submission of a food instrument for
				  payment more than thirty (30) calendar days past the "Last Day to
				  Use."
(3) Submission of a food
				  instrument identified by the department or the department's fiscal processor as
				  invalid vendor.
(4) Submission of a
				  food instrument by an unauthorized vendor, or submission of a food instrument
				  which has an unauthorized, inaccurate, or missing vendor number.
(5) Submission of a food instrument without a
				  participant or proxy signature.
(6)
				  Submission of a food instrument whose value is greater than the maximum value
				  amount of the food instrument.
(7)
				  Submission of a food instrument which has been altered.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 410 - WIC › Subchapter 3 - Vendor Management › Part 7 - WIC VENDOR AUTHORIZATION AND RESPONSIBILITIES › Section 310:410-3-36 - Payment obligation

Current through Vol. 41, No. 20, July 1, 2024
Obligations of the department shall cease immediately
					 without penalty of further payment if the Oklahoma State Legislature or any
					 federal funding source fails to appropriate or make available sufficient funds
					 for this process.
Added at 10 Ok Reg
					 4203, eff 8-1-93 (emergency); Added at 11 Ok Reg 3823, eff
					 7-11-94
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 410 - WIC › Subchapter 3 - Vendor Management › Part 7 - WIC VENDOR AUTHORIZATION AND RESPONSIBILITIES › Section 310:410-3-37 - Conflict of interest

Current through Vol. 41, No. 20, July 1, 2024
The department shall ensure that no conflict of interest
					 exists between any local agency and the vendors within the local agency's
					 jurisdiction.
Reserved at 10 Ok Reg
					 4203, eff 8-1-93 (emergency); Reserved at 11 Ok Reg 3823, eff 7-11-94; Added at
					 17 Ok Reg 1600, eff 5-25-00
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 410 - WIC › Subchapter 3 - Vendor Management › Part 7 - WIC VENDOR AUTHORIZATION AND RESPONSIBILITIES › Section 310:410-3-38 - Unlawful discrimination [RESERVED]

Current through Vol. 41, No. 20, July 1, 2024
Reserved at 10 Ok Reg
					 4203, eff 8-1-93 (emergency); Reserved at 11 Ok Reg 3823, eff
					 7-11-94
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 410 - WIC › Subchapter 3 - Vendor Management › Part 7 - WIC VENDOR AUTHORIZATION AND RESPONSIBILITIES › Section 310:410-3-39 - Amendments resulting from a change in statute or regulation

Current through Vol. 41, No. 20, July 1, 2024
The department shall amend the WIC vendor agreement, in
					 writing, to include or incorporate additional provisions which shall be
					 required as a result of a change in federal or state statute or regulation, or
					 which shall be required by the department for the administration, operation, or
					 evaluation of the WIC Program. The vendor shall receive thirty (30) calendar
					 days notice of the effective date of such amendments.
Added at 10 Ok Reg
					 4203, eff 8-1-93 (emergency); Added at 11 Ok Reg 3823, eff 7-11-94; Amended at
					 22 Ok Reg 741, eff 5-12-05
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 410 - WIC › Subchapter 3 - Vendor Management › Part 7 - WIC VENDOR AUTHORIZATION AND RESPONSIBILITIES › Section 310:410-3-40 - Assignment or transfer

Current through Vol. 41, No. 20, July 1, 2024
The vendor shall not sell, assign, or transfer in any
					 manner the authorization, the WIC vendor agreement, the WIC vendor stamp, or
					 the WIC vendor number. Any actual or attempted sale, assignment or transfer of
					 the above shall be considered a breach of the WIC vendor agreement. The death
					 of a vendor (if an individual) or the voluntary or involuntary dissolution of a
					 vendor corporation, partnership, limited partnership, unincorporated
					 association, or firm shall cause the vendor's authorization and the WIC vendor
					 agreement to expire. The vendor has an affirmative duty to notify the
					 department, in writing, at the place listed in the WIC vendor agreement,
					 fifteen (15) calendar days in advance of any scheduled sale, lease, bankruptcy,
					 or cessation of the vendor's business entity, or the sale of any majority
					 interest of any corporation or partnership.
Added at 10 Ok Reg
					 4203, eff 8-1-93 (emergency); Added at 11 Ok Reg 3823, eff 7-11-94; Amended at
					 22 Ok Reg 741, eff 5-12-05
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 410 - WIC › Subchapter 3 - Vendor Management › Part 7 - WIC VENDOR AUTHORIZATION AND RESPONSIBILITIES › Section 310:410-3-41 - Civil law suits

Current through Vol. 41, No. 20, July 1, 2024
The vendor shall hold the department harmless for any
					 liability for any compensation, award, or damages in connection with the
					 vendor's performance as a WIC retail vendor for any injury which might occur to
					 any of the vendor's employees, WIC participants, or others as the result of any
					 act, omission, or negligence of the WIC vendor.
Added at 10 Ok Reg
					 4203, eff 8-1-93 (emergency); Added at 11 Ok Reg 3823, eff
					 7-11-94
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 410 - WIC › Subchapter 3 - Vendor Management › Part 7 - WIC VENDOR AUTHORIZATION AND RESPONSIBILITIES › Section 310:410-3-42 - Voluntary withdrawal from the WIC vendor agreement

Current through Vol. 41, No. 20, July 1, 2024
A vendor may voluntarily withdraw from participation in the
					 WIC retail vendor program with approval of the department. A request for such
					 withdrawal shall be made in writing by the vendor and sent to the department at
					 least fifteen (15) calendar days in advance of the desired date of withdrawal.
					 If at the time of the requested withdrawal, the vendor owes a fine assessment
					 or any other monies resulting from a violation of this part, such penalty and
					 other monies due shall be paid in full prior to withdrawal from the WIC retail
					 vendor program. The State agency shall not accept voluntary withdrawal of the
					 vendor from the Program as an alternative to disqualification for the
					 violations listed in
					 7 CFR §246.12(k) (1)
					 (i) through (k) (1) (iv), but shall enter the
					 disqualification on the record.
Added at 10 Ok Reg
					 4203, eff 8-1-93 (emergency); Added at 11 Ok Reg 3823, eff 7-11-94; Amended at
					 17 Ok Reg 1600, eff 5-25-00; Amended at 22 Ok Reg 741, eff
					 5-12-05
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 410 - WIC › Subchapter 3 - Vendor Management › Part 7 - WIC VENDOR AUTHORIZATION AND RESPONSIBILITIES › Section 310:410-3-43 - Notices

Current through Vol. 41, No. 20, July 1, 2024
The vendor shall send all notices to the department by
					 certified mail at the address listed in the WIC vendor
					 agreement.
Added at 10 Ok Reg
					 4203, eff 8-1-93 (emergency); Added at 11 Ok Reg 3823, eff 7-11-94; Amended at
					 22 Ok Reg 741, eff 5-12-05
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 410 - WIC › Subchapter 3 - Vendor Management › Part 9 - WIC VENDOR COMPLIANCE AND SANCTIONS › Section 310:410-3-50 - Compliance monitoring inspections

Current through Vol. 41, No. 20, July 1, 2024
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. The department shall
					 investigate all alleged violations of the federal and state laws and rules
					 promulgated thereunder.
Added at 10 Ok Reg
					 4203, eff 8-1-93 (emergency); Added at 11 Ok Reg 3823, eff
					 7-11-94
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 410 - WIC › Subchapter 3 - Vendor Management › Part 9 - WIC VENDOR COMPLIANCE AND SANCTIONS › Section 310:410-3-51 - Violations

Current through Vol. 41, No. 20, July 1, 2024
(a) Violations shall be classified as either
				  Class A violations, Class B violations, or Class C violations. Each class of
				  violation is listed below.
(b)
Mandatory Vendor Sanctions
(1)
				  Class A violations:
(A) A vendor convicted of
				  trafficking in food instruments or selling firearms, ammunition, explosives, or
				  controlled substances (as defined in section 102 of Controlled Substances Act (
				  21
				  U.S.C. 802 )) in exchange for food
				  instruments;
(B) Permanent
				  disqualification, disqualification or suspension from participation in the USDA
				  Food Stamp Program, or imposition of a civil money penalty by the Food Stamp
				  Program;
(C) One incidence of
				  buying or selling food instruments for cash (trafficking);
(D) One incidence of selling firearms,
				  ammunition, explosives, or controlled substances in exchange for food
				  instruments;
(E) One incidence of
				  sale of alcohol or alcoholic beverages or tobacco products in exchange for food
				  instruments;
(F) A pattern of
				  claiming reimbursement for sale of an amount of a specific WIC food item which
				  exceeds the store's documented inventory of that WIC food item for a specific
				  period of time;
(G) A pattern of
				  charging WIC participants, proxies, or department representatives more for WIC
				  food than non-WIC customers, or charging more than the current shelf or
				  agreement price;
(H) A pattern of
				  receiving, transacting and/or redeeming food instruments outside of authorized
				  channels, including the use of an unauthorized vendor and/or an unauthorized
				  person;
(I) A pattern of charging
				  for WIC food not received by the participant, proxy, or department
				  representatives;
(J) A pattern 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
				  instruments;
(K) A pattern of
				  providing unauthorized food items in exchange for food instruments, including
				  charging for WIC food provided in excess of those listed on the food
				  instrument;
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 410 - WIC › Subchapter 3 - Vendor Management › Part 9 - WIC VENDOR COMPLIANCE AND SANCTIONS › Section 310:410-3-53 - Criteria for termination of authorization and fine assessment

Current through Vol. 41, No. 20, July 1, 2024
(a) A determination by the Commissioner of
				  Health or designee to terminate authorization and impose a fine assessment
				  shall be based upon a finding that one (1) or more of the following criteria
				  are met:
(1) the vendor has not met one (1)
				  or more requirements of the USDA WIC Regulations or the provisions of this
				  part;
(2) the vendor has submitted
				  false, erroneous, or inaccurate information on the application, in the business
				  or financial information provided to the department, on the retail vendor price
				  survey, or during the course of inspections of the vendor site;
(3) the vendor has refused to allow the
				  department access to inspect the vendor site during normal business
				  hours;
(4) the vendor has been
				  found by the department to have violated provisions of this Chapter;
(5) the vendor has submitted a Federal
				  Employer's Identification Number (FEIN) for the business entity operating as a
				  vendor which differs from the FEIN filed for the same business entity with the
				  USDA Food Stamp Program, or with the Oklahoma Tax Commission;
(6) the vendor has not fulfilled the terms of
				  the WIC vendor agreement;
(7) the
				  vendor has sold, leased, or discontinued the business entity or moved the
				  business entity to a new location or new address; or
(8) the vendor corporation, partnership, or
				  limited partnership has been voluntarily or involuntarily dissolved or that the
				  vendor sole proprietor has died.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 410 - WIC › Subchapter 3 - Vendor Management › Part 9 - WIC VENDOR COMPLIANCE AND SANCTIONS › Section 310:410-3-54 - Termination of authorization and fine assessment

Current through Vol. 41, No. 20, July 1, 2024
(a) The termination of authorization as a WIC
				  retail vendor and/or imposition of a fine assessment shall occur when the
				  Commissioner of Health or designee finds that the vendor meets any of the
				  criteria set forth in this Chapter.
(b) When the Commissioner of Health or
				  designee determines that the termination of a WIC vendor's authorization and/or
				  imposition of fine assessment is to occur, the department shall notify the
				  vendor. The notice shall be in writing and shall include:
(1) A statement of the nature of the basis
				  for the adverse actions. The statement shall include a citation to the
				  provisions of the USDA WIC Regulations or this Subchapter on which the
				  termination is based.
(2) A
				  description of the right of the vendor to appeal the adverse action and the
				  right to a hearing under the OAPA.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 410 - WIC › Subchapter 3 - Vendor Management › Part 9 - WIC VENDOR COMPLIANCE AND SANCTIONS › Section 310:410-3-55 - Notice of violation

Current through Vol. 41, No. 20, July 1, 2024
(a) Each notice of
				  violation shall be in writing and shall contain the following information:
(1) a description of the nature of the
				  violation;
(2) a citation of the
				  specific provision of the USDA WIC Regulations, or this part, which the
				  department believes has been violated;
(3) a statement of the level of violation as
				  determined by the department;
(4) a
				  statement that the department may take additional action under the Act or this
				  part, including termination of WIC vendor authorization and the WIC vendor
				  agreement, and/or an assessment of penalties;
(5) a description of the vendor's right to
				  appeal the notice within fifteen (15) calendar days of receipt of the notice
				  and the right to request a hearing; and
(6) the effective date for any proposed
				  adverse action against a vendor.