12VAC5-195-630: Retained in lieu of disqualification

A. An authorized retailer with documented administrative findings that warrant WIC Program disqualification actions may be retained in lieu of disqualification if the state agency determines that inadequate participant access would exist. The state agency will evaluate the impact on participants and the preventive procedures the retailer intends to take in order to decide if the retailer will be allowed to pay a civil monetary penalty rather than being disqualified.

B. The state agency shall notify the authorized retailer in writing if it will be retained in lieu of disqualification and the civil monetary penalty that has been assessed (7 CFR 246.12).

C. If a retailer fails to pay a civil monetary penalty that has been assessed, the state agency shall disqualify the retailer for a period equal to the sanction for which the civil monetary penalty was originally assessed.