AB56-SA2,1926b
6Section 1926b. 253.06 (5) (a) 1. and 2. of the statutes are amended to read:
AB56-SA2,57,97
253.06
(5) (a) 1. Minimum qualification standards for the authorization of
8vendors
and infant formula suppliers and for the awarding of a contract to an entity
9under sub. (3m).
AB56-SA2,57,1110
2. Standards of operation for authorized vendors
and infant formula suppliers 11and
food direct distribution centers, including prohibited practices.
AB56-SA2,1927b
12Section 1927b. 253.06 (5) (b) 1. to 3. of the statutes are amended to read:
AB56-SA2,57,1413
253.06
(5) (b) 1. Denial of the application to be a participant or authorized
14vendor
or infant formula supplier.
AB56-SA2,57,1715
2.
Suspension Summary suspension or termination of authorization for an
16authorized vendor
or infant formula supplier or, in the case of a
food direct 17distribution center, termination of the contract.
AB56-SA2,57,1918
3. Disqualification from the program under this section for a
vendor, infant
19formula supplier, or participant.
AB56-SA2,1928b
20Section 1928b. 253.06 (5) (b) 6. to 8. of the statutes are created to read:
AB56-SA2,57,2121
253.06
(5) (b) 6. Civil monetary penalty.
AB56-SA2,57,2222
7. Warning letter.
AB56-SA2,57,2323
8. Implementation of a corrective action plan.
AB56-SA2,1929b
24Section 1929b. 253.06 (5) (d) (intro.) and 6. of the statutes are amended to
25read:
AB56-SA2,58,10
1253.06
(5) (d) (intro.) The department may directly assess a forfeiture provided
2for under par. (b) 4., recoupment provided for under par. (b) 5. and an enforcement
3assessment provided for under par. (c). If the department determines that a
4forfeiture, recoupment or enforcement assessment should be levied, or that
5authorization or eligibility should be
summarily suspended or terminated, for a
6particular violation or for failure to correct it, the department shall send a notice of
7assessment,
summary suspension or termination to the vendor,
food infant formula
8supplier, direct distribution center or participant. The notice shall inform the
9vendor,
food infant formula supplier, direct distribution center or participant of the
10right to a hearing under sub. (6) and shall specify all of the following:
AB56-SA2,58,1311
6. If applicable,
that the
suspension or termination of authorization of the
12vendor or eligibility of the participant is effective
beginning on the 15th day after
13receipt date of the
notice of summary suspension or termination.
AB56-SA2,1930b
14Section 1930b. 253.06 (5) (e) of the statutes is renumbered 253.06 (5) (e) 1. and
15amended to read:
AB56-SA2,58,1916
253.06
(5) (e) 1. The
suspension or termination of authorization of a vendor
,
17infant formula supplier, or direct distribution center or eligibility of a participant
18shall be effective beginning on the 15th day after receipt of the notice of
suspension
19or termination.
AB56-SA2,59,3
202. All forfeitures, recoupments, and enforcement assessments shall be paid to
21the department within 15 days after receipt of notice of assessment or, if the
22forfeiture, recoupment, or enforcement assessment is contested under sub. (6),
23within 10 days after receipt of the final decision after exhaustion of administrative
24review, unless the final decision is adverse to the department or unless the final
25decision is appealed and the decision is stayed by court order under sub. (7). The
1department shall remit all forfeitures paid to the secretary of administration for
2deposit in the school fund. The department shall deposit all enforcement
3assessments in the appropriation under s. 20.435 (1) (gr).
AB56-SA2,1931b
4Section 1931b. 253.06 (5) (e) 3. of the statutes is created to read:
AB56-SA2,59,75
253.06
(5) (e) 3. The summary suspension of authorization of a vendor, infant
6formula supplier, or direct distribution center shall be effective immediately upon
7receipt of the notice under par. (d).
AB56-SA2,1932b
8Section 1932b. 253.06 (6) (b) of the statutes is amended to read:
AB56-SA2,59,249
253.06
(6) (b) A person may contest an assessment of forfeiture, recoupment
10or enforcement assessment, a denial
, suspension or termination of authorization
, a
11civil monetary penalty assessed in lieu of disqualification, a summary suspension, 12or a
suspension or termination of eligibility by sending a written request for hearing
13under s. 227.44 to the division of hearings and appeals in the department of
14administration within 10 days after the receipt of the notice issued under sub. (3)
15(bm) or (5) (d). The administrator of the division of hearings and appeals may
16designate a hearing examiner to preside over the case and recommend a decision to
17the administrator under s. 227.46. The decision of the administrator of the division
18of hearings and appeals shall be the final administrative decision. The division of
19hearings and appeals shall commence the hearing and issue a final decision within
2060 days after receipt of the request for hearing unless all of the parties consent to a
21later date. Proceedings before the division of hearings and appeals are governed by
22ch. 227. In any petition for judicial review of a decision by the division of hearings
23and appeals, the department, if not the petitioner who was in the proceeding before
24the division of hearings and appeals, shall be the named respondent.
AB56-SA2,1933b
25Section 1933b. 253.06 (8) of the statutes is amended to read:
AB56-SA2,60,4
1253.06
(8) Inspection of premises. The department may visit and inspect each
2authorized vendor
and infant formula supplier and each
food direct distribution
3center, and for such purpose shall be given unrestricted access to the premises
4described in the authorization or contract.
AB56-SA2,1934b
5Section 1934b. 253.06 (9) and (10) of the statutes are created to read:
AB56-SA2,60,106
253.06
(9) Confidentiality of applicant and participant information. (a) Any
7information about an applicant or participant, whether it is obtained from the
8applicant or participant or another source or is generated as a result of application
9for the Women, Infants, and Children program, that identifies the applicant or
10participant or a family member of the applicant or participant is confidential.
AB56-SA2,60,2011
(b) Except as explicitly permitted under this section, the department shall
12restrict the use and disclosure of confidential applicant and participant information
13to any person directly connected with the administration or enforcement of the
14Women, Infants, and Children program that the department determines has a need
15to know the information for Women, Infants, and Children program purposes.
16Persons who may be allowed to access confidential information under this paragraph
17include personnel from the local agencies, persons under contract with the
18department to perform research regarding the Women, Infants, and Children
19program, and persons that are investigating or prosecuting Women, Infants, and
20Children program violations of federal, state, or local law.
AB56-SA2,60,2421
(c) The department or any local agency may use or disclose to public
22organizations confidential applicant and participant information for the
23administration of other programs that serve individuals eligible for the Women,
24Infants, and Children program in accordance with
7 CFR 246.26 (h).
AB56-SA2,61,4
1(d) Staff of the department and local agencies who are required by state law to
2report known or suspected child abuse or neglect may disclose confidential applicant
3and participant information without the consent of the participant or applicant to
4the extent necessary to comply with the law.
AB56-SA2,61,185
(e) Except in the case of subpoenas or search warrants, the department and
6local agencies may disclose confidential applicant and participant information to
7individuals or entities not listed in this section only if the affected applicant or
8participant signs a release form authorizing the disclosure and specifying the parties
9to which the information may be disclosed. The department or local agency shall
10allow applicants and participants to refuse to sign the release form and shall notify
11the applicant or participant that signing the form is not a condition of eligibility and
12refusing to sign the form will not affect the applicant's or participant's application
13or participation in the Women, Infants, and Children program. Release forms
14authorizing disclosure to private physicians or other health care providers may be
15included as part of the Women, Infants, and Children program application or
16certification process. All other requests for applicants or participants to sign
17voluntary release forms may occur only after the application and certification
18process is complete.