Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 54 - SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS AND CHILDREN (WIC) › Section 333-054-0050 - Vendor Violation Notifications and Sanctions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Authority must notify a vendor in
			 writing when an investigation reveals an initial incidence of a violation for
			 which a pattern of incidences must be established in order to impose a
			 sanction, before another such incidence is documented, unless the Authority
			 determines, in its discretion, on a case-by-case basis, that notifying the
			 vendor would compromise an investigation.
(2) Prior to imposing a sanction for a
			 pattern of violative incidences, the Authority must either provide such notice
			 to the vendor, or document in the vendor file the reason(s) for determining
			 that such a notice would compromise an investigation.
(3) If notification is provided, the
			 Authority may continue its investigation after the notice of violation is
			 received by the vendor, or presumed to be received by the vendor consistent
			 with the Authority's procedures for providing such notice.
(4) All incidences of a violation occurring
			 during the first compliance buy visit must constitute only one incidence of
			 that violation for the purpose of establishing a pattern of
			 incidences.
(5) A single violative
			 incidence may only be used to establish the violations as written in OAR
			 333-054-0050(3)  and 333-054-0050(4).
(6) Vendors shall receive a written "Notice
			 of Non-compliance" for a single instance of:
(a) Failing to comply with the vendor's
			 current vendor agreement;
(b)
			 Failing to provide the authorized shopper a balance inquiry of remaining
			 available benefits;
(c) Failing to
			 provide the authorized shopper with a receipt for foods purchased with a food
			 instrument;
(d) Failing to ensure
			 that within 60 days of a name change the outside sign bears the same name as
			 that listed on the vendor agreement;
(e) Influencing an authorized shopper's
			 selection of authorized foods;
(f)
			 Failing to display prices;
(g)
			 Requesting or requiring any identification or information from the authorized
			 shopper other than the WIC Program identification card;
(h) Failing to respond to a request issued by
			 the Authority;
(i) Failing to
			 accept or attend training when required by the Authority;
(j) Using the "WIC" acronym or logos without
			 prior authorization by the Authority;
(k) Failing to maintain or provide, to the
			 Authority upon request, invoices or receipts to show source(s) of formula
			 purchase;
(l) Retaining WIC
			 identification or any information that identifies a shopper as a WIC
			 participant or disclosing information regarding a client of the WIC Program to
			 any person other than the Authority, its representatives or a federal
			 official;
(m) Failing to comply
			 with the terms in a final order issued by the Authority;
(n) Failing to comply with an investigation
			 by federal or state officials;
(o)
			 Refusing the Authority or a federal official access to food instruments
			 negotiated on the day of review;
(p) Failing to provide, within two business
			 days of the Authority's request, purchasing/receiving records to substantiate
			 the volume and prices charged to the Authority;
(q) Failing to stock appropriate quantities
			 of authorized foods and infant formula;
(r) Violating the nondiscrimination clause
			 listed in the vendor agreement;
(s)
			 Failing to maintain or provide, to the Authority upon request, documentation
			 for each incentive item;
(t)
			 Failing to have at least one register that accepts WIC open during all of the
			 vendor's operating hours;
(u)
			 Failing to display signs at registers to indicate where WIC is accepted, if the
			 vendor doesn't accept WIC in all lanes; or
(v) Stocking expired foods on the shelf in
			 three or more food categories that are on the minimum stock
			 requirements.
(w) Failure to
			 maintain minimum lane coverage.