{"data":{"id":"us-va/12vac5-195-600","jurisdiction":"us-va","citation":"12VAC5-195-600","heading":"Sanctions and administrative actions","body":"A. Each federal fiscal year, the state agency shall conduct compliance investigations on a minimum of 5.0% of authorized retailers (7 CFR 246.12), including completing investigations of all  high-risk retailers, all probationary retailers, and  select non-high-risk retailers. The state agency will conduct at least two compliance buys at each retailer selected for an investigation.\n\nB. The state agency shall provide written notification to the authorized retailer of the investigation results, including the retailer's violation of any statutes or regulations governing its participation in the WIC Program. Once an investigation has been closed, retailers with documented violations shall receive a final written report of the agency's findings. The final report will identify what administrative action shall be taken by the state agency against the authorized retailer.\n\nC. Violations shall be categorized as either state agency or federally mandated. For federally mandated violations, a pattern consisting of four documented incidents of the same violation must occur during a single investigation unless a pattern requirement is not required by federal regulations.\n\nD. For federally mandated violations including overcharge, fraud, trafficking in food instruments, selling firearms, ammunition, explosives, controlled substances, alcohol or alcoholic beverages, or tobacco products, the state agency may not provide the retailer with prior written notice that  violations were documented before imposing administrative sanctions. This notification decision will be made on a case-by-case basis, depending on the type of federally mandated violation documented and if it is determined that notification would compromise the investigation.\n\nE. The type of documented violation dictates the administrative action taken including:\n\n1. Provision of a written warning;\n\n2. Imposition of a technical penalty fine;\n\n3. Assessment of a civil monetary penalty (CMP) in lieu of disqualification; or\n\n4. Disqualification of an authorized retailer.\n\nThe total period of disqualification imposed for state agency violations identified as part of a single investigation may not exceed one year. The state agency reserves the right to waive a disqualification requirement if the state agency determines that inadequate participant access would exist if the authorization were terminated.\n\nF. The state agency shall use a multitier sanction schedule that consists of:\n\nClass:\n\nDescription:\n\nDescription:\n\nAdministrative Actions:\n\nA\n\nTechnical program violations\n\nRepresents procedural and food instrument handling errors.\n\n$100 fine assessed per documented incident, as outlined in  the Sanction/Violation schedule, including repeat incidents of the same  violation, plus a written warning sent to the retailer.\n\nB\n\nSerious program violations\n\nRepresents noncompliance errors documented by compliance  investigations, inventory audits, or noncompliance with provisions outlined in  the retailer agreement.\n\nOne-year disqualification for eight or more technical  program violations, as outlined in the Sanction/Violation schedule, within a  consecutive 12-month period of time; or\n\nOne-year disqualification, if a pattern of noncompliance exists,  as outlined in the Sanction/Violation schedule.\n\nC\n\nCritical program violations\n\nRepresents mandatory federal sanctions that require a  pattern of noncompliance, i.e., overcharging.\n\nFour documented incidents during a single investigation as  outlined in the Sanction/Violation schedule – Three-year disqualification; or\n\nOne documented incident as outlined in the  Sanction/Violation schedule during a single investigation if a pattern is not  required – Three year disqualification.\n\nD\n\nMajor program violations\n\nRepresents mandatory federal sanctions, i.e., administrative  finding of trafficking\n\nSix-year disqualification – only one documented incident is  required as outlined in the Sanction/Violation schedule; or\n\nPermanent disqualification – only one documented incident is  required, as outlined in the Sanction/Violation schedule.\n\nE\n\nWarning\n\nRepresents a documented violation, but does not warrant  points being assessed  or a fine being charged.\n\nWritten warning sent to the retailer.\n\nThe date on which violations become effective is determined by the date indicated on the final compliance investigation letter. Class A, B, and E violations have an active life of one year, a Class C violation has an active life of three years, and a Class D violation has an active life of six years or permanent disqualification.\n\nG. If, within a 12-month period, a retailer has three documented incidents of failure to meet the minimum stocking requirement, then the retailer shall be disqualified for a one-year period unless the state agency determines that inadequate participant access would exist if the authorization were terminated.\n\nH. All documented overcharges or payments for ineligible food items identified during a compliance investigation shall be considered a retailer claim and be subject to repayment.\n\nI. Copies of any investigative evidence collected by the state agency during a compliance investigation shall be available to the authorized retailer, upon request, after the investigation has been closed and the retailer is notified in writing of the final compliance investigation results.\n\nJ. A retailer may apply for WIC authorization after the retailer has finished the disqualification period. There is no automatic reinstatement of a retailer once the disqualification period has ended.\n\nK. The state agency shall not issue sanctions solely as a result of complaints submitted by participants.","path":["Title 12. Health","Agency 5. Department of Health","Chapter 195. Virginia WIC Program","Part III. Retailer Requirements"],"source_url":"https://law.lis.virginia.gov/admincode/title12/agency5/chapter195/section600/","current_through":"2026 Regular Session (effective July 1, 2026)","vintage":"","retrieved_at":"2026-09-14T04:50:01Z","sha256":"9f48b488479664d9ae83a620adb9d22b4821233a931f82b67525ff9a17a77dcb","source_id":"us-va-vac","stale":false,"prev":"us-va/12vac5-195-590","next":"us-va/12vac5-195-610"},"notice":"GroundRules: Original legal text. Not legal advice."}