Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part VIII - Supplemental Nutrition Program for Women, Infants and Children (WIC Program) › Chapter 1107 - SANCTIONS › Section 1107.1 - Imposition of sanctions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				Department may disqualify a WIC authorized store or impose a civil money
				penalty in lieu of disqualification for reasons of WIC Program abuse. In the
				case of fraud, trafficking, sale of alcohol or alcoholic beverages or tobacco
				products the Department will not provide the store with a prior warning that
				violations were occurring before imposing the sanctions. For other serious
				program violations or offenses, the Department may choose to not provide the
				store with prior warning that violations were occurring before imposing the
				sanctions. The store may appeal a Department decision pertaining to
				disqualification, denial of authorization or reauthorization, or other adverse
				action that affects the store's status as a WIC authorized store in accordance
				with §
									1113.1 (relating to right to
				administrative appeal). Expiration of authorization, disqualification of a
				store as a result of disqualification from the Food Stamp Program, and the
				Department's determination regarding inadequate participant access are not
				subject to review.
(b) The
				Department will disqualify a store which has been disqualified from the Food
				Stamp Program unless the Department determines that the disqualification of the
				store would result in inadequate participant access under §
									1103.7 (relating to inadequate
				participant access). If the Department determines that disqualification of the
				store would result in inadequate participant access under § 1103.7, the
				Department will give the store the option of paying a civil money penalty in
				lieu of disqualification.
(c) The
				Department will disqualify a store that has been assessed a civil money penalty
				in lieu of disqualification under the Food Stamp Program unless
				disqualification of the store from the WIC Program would result in inadequate
				participant access or would otherwise adversely affect the interest of
				participants. If the Department disqualifies a store under this subsection, the
				length of the disqualification will correspond to the period for which the
				store would otherwise have been disqualified from participating in the Food
				Stamp Program.
(d) The Department
				will disqualify a store for WIC Program violations in §
									1107.1a (relating to
				disqualifications) unless the Department determines that disqualification of
				the store under §
									1107.1a(b)-(d)
				would result in inadequate participant access. In that case, the Department
				will give the store the option of paying a civil money penalty in lieu of
				disqualification. The Department will not give the store the option of paying a
				civil money penalty in lieu of disqualification for third or subsequent
				violations. A violation committed during a prior authorization period will
				support a disqualification.
(e)
				Disqualification from the WIC Program may result in disqualification as a
				retailer in the Food Stamp Program under regulations governing the Food Stamp
				Program. Applicable Federal regulations may prohibit administrative or judicial
				review of a disqualification from the Food Stamp Program based upon a
				disqualification from the WIC Program.
(f) In addition to imposing a sanction
				against a WIC authorized store that commits fraud or abuse of the WIC Program,
				the Department may prosecute or make a referral of the WIC authorized store to
				a criminal prosecution agency for prosecution under applicable Federal, State,
				or local laws.
(g) A WIC authorized
				store that has a sanction imposed against it by the Department for accepting a
				WIC check for an item other than those specified on the WIC check shall also
				reimburse the Department for moneys it receives through the WIC check
				redemption process after accepting a WIC check for the purchase of the
				item.
(h) The Department may impose
				a sanction against a WIC authorized store for failing to remit any amount
				demanded due to violations of statutes or regulations governing its
				participation in the WIC Program within the time frame imposed by regulation or
				in the notice given to the store by the Department of the store's obligation to
				reimburse the Department.
The provisions of this §
											1107.1 amended under section
					 2102(g) of The Administrative Code of 1929 (71 P. S. §
												532(g)).
This section cited in 28 Pa. Code §
											1103.4 (relating to selection
					 criteria for authorization and reauthorization); 28 Pa. Code §
											1103.7 (relating to inadequate
					 participant access); 28 Pa. Code §
											1105.3 (relating to terms and
					 conditions of participation); 28 Pa. Code §
											1105.6 (relating to monitoring of
					 WIC authorized stores); and 28 Pa. Code §
											1107.2 (relating to civil money
					 penalties).