DHS 149.12(2)(2) The state WIC office shall use the formula under 7 CFR 246.12 to calculate a civil money penalty imposed in lieu of disqualification for violations in s. DHS 149.10 (2) to (4). The civil money penalty may not exceed $10,000 for each violation. When during the course of a single investigation the state WIC office determines a vendor has committed multiple violations, the state WIC office shall impose a civil money penalty for each of the violations, not to exceed $40,000 for a single investigation. DHS 149.12(3)(3) If a vendor does not pay, only partially pays, or fails to timely pay a civil money penalty, the state WIC office shall disqualify the vendor for the length of the disqualification corresponding to the most serious violation for which the civil money penalty was assessed. DHS 149.12(4)(4) The state WIC office may use installment plans for the collection of civil money penalties. DHS 149.12(5)(5) The state WIC office may double civil money penalties up to the limits allowed under sub. (2). DHS 149.12(6)(6) The state WIC office may not impose a civil money penalty in lieu of disqualification for third or subsequent violations that mandate disqualification. DHS 149.12 HistoryHistory: CR 07-115: cr. Register June 2008 No. 630, eff. 7-1-08. DHS 149.13DHS 149.13 Recoupment. The state WIC office may recoup excess payments made to the vendor, as verified by the state WIC office, resulting from the vendor’s violation of s. DHS 149.10. If a recoupment is imposed, the state WIC office shall also impose an enforcement assessment of 50 percent of the amount of the recoupment imposed. DHS 149.13 HistoryHistory: CR 07-115: cr. Register June 2008 No. 630, eff. 7-1-08. DHS 149.14DHS 149.14 Reciprocal food stamp program actions. DHS 149.14(1)(1) The state WIC office shall disqualify from the WIC program a vendor who is disqualified from the food stamp program. DHS 149.14(2)(2) The state WIC office shall impose a civil money penalty in lieu of a disqualification for a food stamp disqualification if the state WIC office determines that WIC disqualification would result in inadequate participant access. DHS 149.14(3)(3) The state WIC office may disqualify a vendor who has had a civil money penalty imposed by the food stamp program in lieu of disqualification. DHS 149.14 HistoryHistory: CR 07-115: cr. Register June 2008 No. 630, eff. 7-1-08. DHS 149.15DHS 149.15 Written notice. The state WIC office shall begin an adverse action, including disqualification, denial, or imposition of a civil money penalty, forfeiture, recoupment or enforcement assessment by serving upon the vendor a written notice of the action which shall include applicable appeal rights. With the exception of actions under s. DHS 149.10 (1), the service shall be made by certified mail or personal delivery at least 15 days in advance of the effective date of the action described in the notice. DHS 149.15 HistoryHistory: CR 07-115: cr. Register June 2008 No. 630, eff. 7-1-08. DHS 149.16DHS 149.16 Voluntary withdrawal or non-renewal of agreement. Except as provided in the discretionary sanctions listed in s. DHS 149.11, the state WIC office may not accept an authorized vendor’s voluntary withdrawal from the WIC program, or use non-renewal of the vendor contract as an alternative to disqualification. DHS 149.16 HistoryHistory: CR 07-115: cr. Register June 2008 No. 630, eff. 7-1-08. DHS 149.17DHS 149.17 Summary suspension. If the department finds that public health, safety or welfare imperatively requires emergency action and incorporates a finding to that effect in its order, summary suspension of WIC authorization may be ordered pending proceedings for revocation or other action. Such proceedings shall be promptly instituted and determined. DHS 149.17 HistoryHistory: CR 07-115: cr. Register June 2008 No. 630, eff. 7-1-08. DHS 149.18DHS 149.18 Vendor and food distribution centers appeals. DHS 149.18(1)(b)(b) Requests appealing an adverse action shall be in writing and shall be filed within 15 days after service of notice of the adverse action. A request shall be considered filed on the date of actual receipt by the agency, or the date of the postmark, whichever is earlier. A request filed by facsimile is complete upon transmission. If the request is filed by facsimile transmission and such transmission is complete between 5 p.m. and midnight, one day shall be added to the prescribed period. DHS 149.18(2)(2) Requests for hearing. Requests for an administrative hearing shall be filed with the department of administration’s division of hearings and appeals. DHS 149.18 NoteNote: Requests for an administrative hearing should be addressed to the Division of Hearings and Appeals, P.O. Box 7875, Madison, Wisconsin 53707-7875 or faxed to 608-264-9885. Requests may be delivered in person to that office at 5005 University Avenue, Room 201, Madison, Wisconsin.
DHS 149.18(3)(b)(b) The validity or appropriateness of the state WIC office’s selection criteria. DHS 149.18(3)(c)(c) The validity or appropriateness of the state WIC office’s vendor peer group criteria. DHS 149.18(3)(d)(d) The validity or appropriateness of the state WIC office’s criteria used to identify a vendor that is an above-50-percent vendor or the criteria used to determine maximum allowable payment to an above-50-percent vendor. DHS 149.18(3)(e)(e) The validity or appropriateness of the state WIC office’s participant access criteria and the state WIC office’s determination regarding participant access to WIC services. DHS 149.18(3)(f)(f) The state WIC office’s determination of whether a vendor had an effective policy and program in effect to prevent trafficking of WIC benefits and whether the vendor owner was involved in the conduct of the violation. DHS 149.18(3)(g)(g) Denial of authorization if the state WIC office vendor authorization is subject to procurement procedures applicable to the state agency. DHS 149.18(3)(h)(h) Disputes regarding WIC check payments and vendor claims, other than the opportunity as permitted by 7 CFR 246.12(k)(3) to justify or correct a vendor overcharge or other error. DHS 149.18(3)(i)(i) Disqualification of an authorized vendor as a result of disqualification from the food stamp program. DHS 149.18(4)(a)(a) As an alternative to an administrative hearing, a vendor may request from the department an abbreviated review for any of the following actions taken by the state WIC office: DHS 149.18(4)(a)1.1. Denial of authorization based on a food stamp program disqualification or civil money penalty in lieu of disqualification from the food stamp program. DHS 149.18(4)(a)2.2. Denial of authorization based on vendor selection criteria if the basis of the denial is a WIC vendor sanction or a food stamp program withdrawal of authorization or disqualification. DHS 149.18(4)(a)3.3. Termination of the agreement because of a change in ownership or location or cessation of operations. DHS 149.18(4)(b)(b) Requests for abbreviated review shall be filed with the state WIC office. DHS 149.18 NoteNote: Requests for an abbreviated review should be addressed to the Wisconsin WIC Program Director, P.O. Box 2659, Madison, Wisconsin, 53701-2659, or faxed to 608-266-3125. Requests may be delivered in person to that office at 1 W. Wilson Street, Room 243, Madison, Wisconsin.
DHS 149.18(4)(c)1.1. A vendor request for an abbreviated review shall be in writing and include all of the following: DHS 149.18(4)(c)1.b.b. A description of the adverse action for which the vendor requests an abbreviated review. DHS 149.18(4)(c)1.c.c. A specific description of the mistake in fact or law which the vendor contends constitutes reasonable grounds for reversing the decision of the state WIC office to deny an authorization or terminate an agreement. If the vendor asserts that a mistake in fact was made, the request shall include a concise statement of the essential facts which the vendor intends to establish at the review. If the vendor asserts a mistake in law was made, the request shall include a statement of the law upon which the vendor relies. DHS 149.18(4)(c)2.2. The agency review shall be conducted by a decision-maker who is someone other than the person who rendered the initial decision on the action. DHS 149.18(4)(c)3.3. The decision-maker’s determination shall be based solely on whether the state WIC office correctly applied federal and state statutes, regulations, policies, and procedures governing the program, according to the information provided to the vendor in the notice of denial of authorization or termination of agreement and the vendor’s response. DHS 149.18(4)(c)4.4. If the designated decision-maker determines that a conference with the parties would assist in the completion of his or her review, the decision-maker may issue a notice of conference, prepared on forms prescribed by the department and including a description of conference procedures, and inviting the vendor and all other parties to participate. A conference may not be held without the consent of the vendor. DHS 149.18(4)(c)5.5. The decision-maker shall issue written notification of the abbreviated review decision. DHS 149.18(4)(c)6.6. The decision-maker’s review decision shall constitute the agency’s final decision. Review decisions shall include notice of a vendor’s right to appeal the determination to circuit court. DHS 149.18 HistoryHistory: 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 149.19DHS 149.19 Conditions of eligibility. In order to be certified or remain certified as a participant to receive WIC benefits, an individual shall meet all of the following requirements: DHS 149.19(1)(1) Is an infant, a child under age 5, pregnant, breastfeeding or a postpartum woman who is within 6 months of delivery. DHS 149.19(3)(3) Has a household gross income that is less than or equal to 185% of the federal poverty level, based on family size. A participant is also income eligible if the participant is currently certified eligible to receive FoodShare, Medicaid, or another similar economic support program. DHS 149.19(4)(4) Has a health or diet need, as determined by WIC staff. DHS 149.19 HistoryHistory: CR 07-115: cr. Register June 2008 No. 630, eff. 7-1-08. DHS 149.20DHS 149.20 Notification of participant responsibilities. DHS 149.20(1)(1) Certification appointments. During each certification appointment the local project shall do all of the following: DHS 149.20(1)(a)(a) Inform each applicant, participant, or parent/guardian that it is a violation of state and federal law to participate in more than one local project or local project clinic at the same time. The local project shall provide each applicant, participant or parent/guardian with a written copy of the participant rights and responsibilities and offer the opportunity to have these rights and responsibilities read to them upon request. DHS 149.20(1)(b)(b) Offer each participant, parent/guardian or proxy an explanation of how to use WIC checks, a copy of instructions for using WIC checks, an explanation on how to select authorized WIC food, and a list of authorized vendors. DHS 149.20(2)(2) Before the local project loans a participant a WIC-purchased electric breast pump, the local project shall notify each participant who is loaned a pump that the pump must be returned to the local project at the end of the agreed period. DHS 149.20 HistoryHistory: CR 07-115: cr. Register June 2008 No. 630, eff. 7-1-08. DHS 149.21(1)(1) If the local project determines that an applicant does not meet all of the eligibility requirements for the WIC program, the local project shall notify the applicant or his or her parent/guardian in writing of the ineligibility, the reasons for the ineligibility, and the right to a fair hearing on the determination of ineligibility within 15 days of the determination of ineligibility. DHS 149.21(2)(2) If the local project determines, at any time during the certification period, that a participant is disqualified from program participation, the local project shall notify the participant or parent/guardian in writing at least 15 days before the disqualification. The notice shall specify the reason for the disqualification and advise the participant or parent/guardian of the right to a fair hearing on the determination of the disqualification. DHS 149.21(3)(3) A local project may serve notice of denial or disqualification by certified mail to the participant’s address of record or by personal delivery. If service is by certified mail, notice shall be considered filed on the date of mailing. DHS 149.21 HistoryHistory: CR 07-115: cr. Register June 2008 No. 630, eff. 7-1-08. DHS 149.22(1)(1) If the local project determines that a participant has received or disposed of WIC benefits fraudulently, the local project shall provide written notice to the participant or parent/guardian of the intent to recover the funds. Such notification shall include an explanation of the reasons for the repayment and of the participant’s right to a hearing. The local project shall allow 30 days for the participant to repay the funds or to set up a repayment schedule between the local project and the participant before taking additional collection actions. DHS 149.22(2)(2) A local project may serve determination that repayment is required by certified mail to the participant’s address of record or by personal delivery. If service is by certified mail, notice shall be considered filed on the date of mailing. DHS 149.22 HistoryHistory: CR 07-115: cr. Register June 2008 No. 630, eff. 7-1-08. DHS 149.23DHS 149.23 Terminating or suspending WIC benefits due to shortage of funds. If the state WIC office determines that due to a shortage of funds for the WIC program, a participant’s WIC program benefits will be terminated or suspended, the local project shall issue a notice to the participant or parent/guardian at least 15 days before the termination or suspension. DHS 149.23 HistoryHistory: CR 07-115: cr. Register June 2008 No. 630, eff. 7-1-08. DHS 149.24DHS 149.24 Mandatory participant or proxy disqualification. DHS 149.24(1)(a)(a) Except as provided in par. (b), the local WIC project shall disqualify a participant and the participant’s proxy and other family members from the WIC program for one year if the local project determines that the participant or proxy has committed any one of the following violations: DHS 149.24(1)(a)1.1. Intentionally participating in and spending WIC checks from more than one WIC project or WIC project clinic during the same time period. DHS 149.24(1)(a)2.2. Intentionally participating in the WIC program and in the commodity supplemental food program at the same time. DHS 149.24(1)(a)3.3. Committing any violation that results in fraudulent receipt or disposal of $100 or more in WIC benefits. DHS 149.24(1)(a)4.4. Being assessed by the local project a second or subsequent repayment. DHS 149.24(1)(b)(b) Exceptions to mandatory one year disqualification. The local project may decide not to impose the mandatory one year disqualification if within 30 days of the date of mailing a repayment letter, the participant makes full repayment or agrees to a repayment schedule acceptable to the local WIC project. DHS 149.24(1)(c)1.1. Except as provided in subd. 3., if an individual fraudulently receives or disposes of WIC program benefits, the local project shall require repayment of the full amount fraudulently received or disposed. DHS 149.24(1)(c)2.2. If the participant does not make full repayment within 30 days or if a repayment schedule is not agreed upon within 30 days, the local project shall provide a second written request for repayment. The state WIC office may take additional collection actions for total repayments exceeding $250. DHS 149.24(1)(c)3.3. For repayment of infant formula benefits, the state WIC office may allow the participant to repay an amount that is lower than the full price of the infant formula.
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