DHS 149.07(1)
(1)
Initial authorization. Within 60 days after receipt by the state WIC office of a fully and accurately completed application for initial authorization, state WIC office staff shall approve or deny the application after doing all of the following:
DHS 149.07(1)(a)
(a) Determining whether the applicant for initial authorization meets the eligibility requirements under
s. DHS 149.05.
DHS 149.07(1)(b)
(b) Conducting a preauthorization site visit if the applicant meets all of the application requirements and is eligible under
ss. DHS 149.05 and
149.06 for authorization. During the preauthorization visit, staff of the state WIC office or the state WIC office designee shall determine whether all of the following requirements are being met:
DHS 149.07(1)(b)1.
1. The vendor meets the minimum stock requirement on shelves or in coolers in the customer area, unless otherwise specified in the agreement.
DHS 149.07(1)(b)2.
2. The vendor marks or affixes the prices of authorized food directly on food containers, on the shelves in close proximity to the food, or in the immediate area where the foods are kept in the customer area of the store.
DHS 149.07(1)(b)3.
3. The vendor's prices are substantially the same as those listed on the stock price survey submitted with the application for authorization.
DHS 149.07(1)(b)4.
4. The vendor maintains the grocery store or pharmacy in a clean, orderly, and safe condition.
DHS 149.07(1)(b)5.
5. The vendor's foods are fresh and do not have expired dates or codes of freshness use-by date in the customer area.
DHS 149.07(1)(c)1.1. If all of the requirements of the preauthorization site visit are not met, the state WIC office may issue a corrective action plan. Following receipt of the corrective action plan, the vendor may submit information describing how the items in the correction action plan have been addressed and request a second preauthorization site visit.
DHS 149.07(1)(c)2.
2. If the vendor passes the second preauthorization site visit, the state WIC office shall proceed with the authorization process for the vendor.
DHS 149.07(1)(c)3.
3. If the vendor fails the second preauthorization site visit, the vendor may not submit a WIC vendor application until 6 months after the date of the denial of the first failed preauthorization site visit.
DHS 149.07(1)(c)4.
4. If the vendor does not submit the corrective action plan to the state WIC office within 6 months from the date of the notification of denial, the vendor shall file a new application.
DHS 149.07(1)(d)
(d) If the vendor meets the preauthorization site visit requirements, the vendor or the vendor's designee shall participate in a training session at a location designated by the state WIC office or the state WIC office designee.
DHS 149.07(1)(e)
(e) The state WIC office shall distribute the WIC vendor agreement and vendor stamp to the vendor upon satisfactory completion of the application requirements under this subsection and
ss. DHS 149.05 and
149.06.
DHS 149.07(2)
(2) Renewal authorization. Within 120 days after receipt by the state WIC office of a fully and accurately completed application for continued authorization as a vendor for a new contract period, the state WIC office shall either approve or deny the application for authorization.
DHS 149.07(3)(a)(a) Vendor authorizations shall expire on October 31, 2010 and every 3 years thereafter on October 31, regardless of the date initial authorization was granted, unless the vendor is earlier disqualified. A new application shall be submitted for each 3-year authorization period.
DHS 149.07(3)(b)
(b) Vendor authorization shall terminate automatically upon a change of ownership, including when the state WIC office determines that a change of location constitutes a change of ownership.
DHS 149.07(4)(a)(a) The state WIC office may deny vendor authorization for any one of the following reasons:
DHS 149.07(4)(a)1.
1. The vendor does not meet the requirements under
sub. (1) or
s. DHS 149.05 or
149.06. If the state WIC office determines that denying an application for authorization would inhibit participant access to WIC services, the state WIC office may waive any requirement for vendor eligibility for authorization.
DHS 149.07(4)(a)2.
2. The vendor does not comply with requirements of the WIC program, including federal and state statutes, local ordinances, or federal and state regulations relating to WIC program operation, or other food and nutrition service programs of the USDA.
DHS 149.07(4)(a)4.
4. The vendor is in violation of any other applicable federal, state, or local health protection laws or ordinances.
DHS 149.07(4)(b)
(b) If the state WIC office denies an application, the state WIC office shall give the vendor reasons for the denial in writing and inform the vendor of the right to appeal that decision under
s. DHS 149.18.
DHS 149.07 History
History: CR 07-115: cr.
Register June 2008 No. 630, eff. 7-1-08.
DHS 149.08(1)
(1)
Compliance with federal, state and local requirements. An authorized vendor shall comply with all of the following:
DHS 149.08(1)(b)
(b) Applicable federal, state and local health protection laws or ordinances.
DHS 149.08(2)
(2) Prohibited practices. A vendor may not do any of the following:
DHS 149.08(2)(a)
(a) Provide in exchange for a WIC check to a participant or a participant's proxy alcohol, an alcoholic beverage, a tobacco product or any other food other than the authorized food specified on the WIC check, or provide any coupon or certificate for these items contingent upon spending the WIC check or provided to a participant or a participant's proxy for a purchase made with a WIC check.
DHS 149.08(2)(b)
(b) Provide cash in exchange for a WIC check to a participant or a participant's proxy.
DHS 149.08(2)(d)
(d) Provide in exchange for a WIC check to a participant or a participant's proxy authorized foods in quantities that are more than the quantities specified on the WIC check.
DHS 149.08(3)
(3) Required practices. An authorized vendor shall do all of the following:
DHS 149.08(3)(a)
(a) Comply with WIC check processing and redemption procedures described in the agreement.
DHS 149.08(3)(b)
(b) In conjunction with a change of ownership, timely submit in the vendor's bank account all WIC checks for redemption.
DHS 149.08(3)(c)
(c) Charge the participant or the participant's proxy prices that are the same as or lower than prices charged to other customers.
DHS 149.08(3)(d)
(d) Provide stock price surveys to the state WIC office upon request of the state WIC office or the state WIC office designee.
DHS 149.08(3)(e)
(e) Mark or affix the prices of authorized food directly on food containers, on the shelves in close proximity to the food, or in the immediate area where the foods are kept in the customer area of the store.
DHS 149.08(3)(f)
(f) Charge a price for an authorized food or standardized combination of foods that is the same as or lower than the maximum food price established by the state WIC Office.
DHS 149.08(3)(g)
(g) Maintain prices of authorized foods at levels that are required for vendor authorization.
DHS 149.08(3)(i)
(i) Display a sign, sticker or other evidence of authorization as a vendor in an area visible to participants.
DHS 149.08(3)(j)
(j) Ensure that the current list of authorized foods is readily accessible to cashiers.
DHS 149.08(3)(k)
(k) Provide all information requested during the application process and contract period by the state WIC office or the state WIC office designee within the timeframes specified in the request for information.
DHS 149.08(3)(L)
(L) Maintain inventory and accounting records as specified by the agreement for the period of time specified in the agreement.
DHS 149.08(3)(m)
(m) Make available upon the request of representatives of the state WIC office, the USDA, or the comptroller general of the United States all WIC checks in the vendor's possession and all required inventory and accounting records for inspection and audit.
DHS 149.08(4)(a)(a) Only the authorized vendor may use the vendor stamp to validate a WIC check.
DHS 149.08(4)(b)
(b) The authorized vendor shall keep the vendor stamp in a safe place and shall report loss of the vendor stamp to the state WIC office within 2 days of the loss.
DHS 149.08 Note
Note: Report the loss of a WIC vendor stamp to the State WIC Office, Vendor Management, at 608-266-6912.
DHS 149.08(4)(d)
(d) The authorized vendor shall return the vendor stamp to the state WIC office within 15 days following a change of ownership, upon closing the store, or upon disqualification of authorization under
ss. DHS 149.10 and
149.11.
DHS 149.08 Note
Note: Return the vendor stamp to the State WIC Office, Vendor Management, Division of Public Health, P.O. Box 2659, Madison, WI 53701-2659.
DHS 149.08(5)(a)(a) A vendor may use the acronym “WIC" or the WIC logo to identify the vendor as an authorized vendor and to identify authorized foods in the store.
DHS 149.08(5)(b)
(b) No vendor may include the acronym “WIC" in the name under which the vendor is registered in the WIC program or in the name under which the vendor does business.
DHS 149.08(5)(c)
(c) No vendor may include the WIC logo, or close facsimiles of the WIC logo, in total or in part, in the name under which the vendor is registered in the WIC program or in the name under which the vendor does business.
DHS 149.08(6)(a)(a) At least 15 days before a change of location, name, address, management, corporate officers or majority stockholders the vendor shall report the change in writing to the state WIC office or its designee on a form provided by that office.
DHS 149.08(6)(b)
(b) A new location within a 5-mile radius of the vendor's previous authorized location with the previous location being closed, will not require a new application for authorization. If the new location is more than a 5 mile radius of the vendor's previous location and the previous location is not being closed, a new application for authorization will be required.
DHS 149.08(7)
(7) Services to participants. The authorized vendor shall offer a participant or the participant's proxy the same courtesies offered to other customers, and treat a participant and the participant's proxy in accordance with non-discrimination requirements under
7 CFR 15, subpart A.
DHS 149.08(8)
(8) Training. The vendor or least one designee from each authorized location shall satisfactorily complete any training sessions required by the state WIC office or the state WIC office designee. The authorized vendor shall ensure that all employees who process WIC checks are trained in check processing procedures.
DHS 149.08(9)
(9) Vendor responsibility for operations. An authorized vendor or vendor applicant is responsible for violations of this chapter committed by its owners, officers, managers, employees, agents, representatives or other individuals who directly or indirectly participate in the vendor's operations.
DHS 149.08(10)
(10) Reporting of participant noncompliance. A vendor shall report to the state WIC office or its designee on a form provided by the office any instance in which a participant fails to comply with WIC requirements.
DHS 149.08 History
History: CR 07-115: cr.
Register June 2008 No. 630, eff. 7-1-08;
correction in (1) (a) made under s. 13.92 (4) (b) 7., Stats., Register July 2011 No. 667. DHS 149.09(1)
(1) The state WIC office or the state WIC office designee may monitor a vendor at any time during a contract period including compliance buys, inventory audits, or routine on-site inspections.
DHS 149.09(2)
(2) When, during the course of a single monitoring, the state WIC office determines an authorized vendor has committed multiple violations, the state WIC office shall impose the sanction corresponding to the most serious violation under
s. DHS 149.10 or
149.11.
DHS 149.09 History
History: CR 07-115: cr.
Register June 2008 No. 630, eff. 7-1-08.
DHS 149.10
DHS 149.10 Mandatory vendor disqualification. DHS 149.10(1)(a)1.1. The state WIC office shall permanently disqualify a vendor from participation in the WIC program if the vendor is convicted of providing cash in exchange for a WIC check or of selling a firearm, ammunition, explosive or controlled substance in exchange for a WIC check. Disqualification of a vendor shall be effective upon the postmark date of the notice of administrative action by the state WIC office to the vendor's address of record.
DHS 149.10(1)(a)2.
2. A civil money penalty may not be imposed in lieu of a disqualification under this subsection.
DHS 149.10(1)(b)
(b) A vendor may not receive compensation from the WIC program for revenues lost as a result of a disqualification under
par. (a).
DHS 149.10(2)
(2) Mandatory six year disqualification. Unless a determination is made under
s. DHS 149.12 (1) that disqualification would result in inadequate participant access, the state WIC office shall disqualify a vendor from participation in the WIC program for 6 years for any one of the following:
DHS 149.10(2)(b)
(b) One incident of selling in exchange for a WIC check a firearm, ammunition, an explosive, or a controlled substance as defined in
21 USC 802.
DHS 149.10(3)
(3) Mandatory three year disqualification. Unless a determination is made under
s. DHS 149.12 (1) that disqualification would result in inadequate participant access, the state WIC office shall disqualify a vendor from participation in the WIC program for 3 years for any one of the following:
DHS 149.10(3)(a)
(a) One incident of selling in exchange for a WIC check, alcohol, an alcoholic beverage or a tobacco product.
