NC Register Volume 21 Issue 09 - Office of Administrative Hearings

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PROPOSED RULES state agency, or the vendor applicant does not resubmit prices within 30 days of the date of written notice, the application shall be denied in writing. The vendor applicant must wait 90 days from the date of receipt of the written denial to reapply for authorization; (5) Pass a monitoring review by the local WIC program to determine whether the store has minimum inventory of supplemental foods as specified in Subparagraph (c)(23) of this Rule. A vendor applicant who fails this review shall be allowed a second opportunity for an unannounced monitoring review within 14 days. If the applicant fails both reviews, the applicant shall wait 90 days from the date of the second monitoring review before submitting a new application; (6) Attend, or cause a manager or other authorized store representative to attend, WIC Vendor Training provided by the local WIC Program prior to authorization and ensure that the applicant's employees receive instruction in WIC program procedures and requirements; (7) Mark the current shelf prices of all WIC supplemental foods on the foods or have the prices posted on the shelf or display case at all times; (8) The store shall be located at a permanent and fixed location within the State of North Carolina. The store shall be located at the address indicated on the WIC vendor application and shall be the site at which WIC supplemental foods are selected by the WIC customer; (9) The store shall be open throughout the year for business with the public at least six days a week for at least 40 hours per week between 8:00 a.m. and 11:00 p.m.; (10) The store shall not use either the acronym "WIC" or the WIC logo, including close facsimiles, in total or part, either in the official name in which the business is registered or in the name under which it does business, if different; (11) A vendor applicant shall not submit false, erroneous, or misleading information in an application to become an authorized WIC vendor or in subsequent documents submitted to the state or local WIC agency; (12) The owner(s), officer(s) or manager(s) of a vendor applicant shall not be employed, or have a spouse, child, or parent who is employed by the state WIC program or the local WIC program serving the county in which the vendor applicant conducts business. A vendor applicant shall not have an employee who handles, transacts, deposits, or stores WIC food instruments who is employed, or has a spouse, child, or parent who is employed by the state WIC program or the local WIC program serving the county in which the vendor applicant conducts business; (13) WIC vendor authorization shall be denied if in the last six years any of the vendor applicant's current owners, officers, or managers have been convicted of or had a civil judgment entered against them for any activity indicating a lack of business integrity, including, fraud, antitrust violations, embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, receiving stolen property, making false claims, and obstruction of justice. For purposes of this Subparagraph, "convicted" or "conviction" means and includes a plea of guilty, a verdict or finding of guilt by a jury, judge, magistrate, or other duly constituted, established, adjudicating body, tribunal, or official, either civilian or military, or a plea of no contest, nolo contendere, or the equivalent. Entry of a prayer for judgment continued following a conviction as defined in this Rule is the same as a conviction for purposes of this Subparagraph. (14) A vendor applicant shall not be authorized if it is currently disqualified from the Food Stamp Program or it has been assessed a Food Stamp Program civil money penalty for hardship and the disqualification period that otherwise would have been imposed has not expired; (15) A vendor applicant, excluding chain stores and stores under a WIC corporate agreement that have a separate manager on site for each store, shall not have an owner who holds a financial interest in any of the following: (A) a Food Stamp vendor which is disqualified from participation in the Food Stamp Program or has been assessed a civil money penalty for hardship in lieu of disqualification and the time period during which the disqualification would have run, had a penalty not been paid, is continuing; or (B) another WIC vendor which is disqualified from participation in the WIC Program or which has been assessed an administrative penalty pursuant to G.S. 130A-22(c1), Paragraph (k), or Paragraph (l) of this Rule as the result of violation of Paragraphs (g), (h)(1)(A), (h)(1)(B), (h)(1)(C), (h)(1)(D) or (h)(2)(D) of this Rule, and if assessed a penalty, the time during which the disqualification would have run, had 21:09 NORTH CAROLINA REGISTER NOVEMBER 1, 2006 769
PROPOSED RULES a penalty not been assessed, is continuing. The requirements of this Subparagraph shall not be met by the transfer or conveyance of financial interest during the period of disqualification. Additionally, the requirements of this Subparagraph shall not be met even if such transfer or conveyance of financial interest in a Food Stamp vendor under Part (b)(15)(A) of this Subparagraph prematurely ends the disqualification period applicable to that Food Stamp vendor. The requirements of this Subparagraph shall apply until the time the Food Stamp vendor disqualification otherwise would have expired; (16) A vendor applicant, excluding free-standing pharmacies, must have Food Stamp Program authorization for the store as a prerequisite for WIC vendor authorization and must provide its Food Stamp Program authorization number to the state agency; and (17) A vendor applicant shall not become authorized as a WIC vendor if the store has been disqualified from participation in the WIC Program and the disqualification period has not expired. (c) By signing the WIC Vendor Agreement, the vendor agrees to: (1) Process WIC program food instruments in accordance with the terms of this agreement, state and federal WIC program rules, and applicable law; (2) Accept WIC program food instruments in exchange for WIC supplemental foods. Supplemental foods are those foods which satisfy the requirements of 10A NCAC 43D .0501; (3) Provide only the authorized supplemental foods listed on the food instrument, accurately determine the charges to the WIC program, and complete the "Pay Exactly" box on the food instrument prior to obtaining the countersignature of the WIC customer. The WIC customer is not required to get all of the supplemental foods listed on the food instrument; (4) Enter in the "Pay Exactly" box on the food instrument only the total amount of the current shelf prices, or less than the current shelf prices, for the supplemental food actually provided and shall not charge or collect sales taxes for the supplemental food provided; (5) Charge no more for supplemental food provided to a WIC customer than to a non- WIC customer or no more than the current shelf price, whichever is less; (6) Accept payment from the state WIC Program only up to the maximum price set by the state agency for each food instrument within that vendor's peer group. The maximum price for each food instrument shall be based on the maximum prices set by the state agency for each supplemental food, as described in Part (b)(4)(A) of this Rule, listed on the food instrument. A food instrument deposited by a vendor for payment which exceeds the maximum price shall be paid at the maximum price set by the state agency for that food instrument. Payment to predominantly WIC vendors shall not cannot exceed the statewide average for any food instrument. This average excludes data from predominantly WIC vendors. (7) Not charge the state WIC Program more than the maximum price set by the state agency under Part (b)(4)(A) of this Rule for each supplemental food within the vendor's peer group; (8) For non-contract brand milk-based and soybased infant formulas, excluding exempt infant formulas, accept payment from the state WIC Program only up to the maximum price established for contract brand infant formulas under Part (b)(4)(A) of this Rule for the vendor's peer group; (9) For free-standing pharmacies, provide only infant formula and WIC-eligible medical foods; (10) Excluding free-standing pharmacies, redeem at least two thousand dollars ($2,000) annually in WIC supplemental food sales. Failure to redeem at least two thousand dollars ($2,000) annually in WIC supplemental food sales shall result in termination of the WIC Vendor Agreement. The store must wait 180 days to reapply for authorization; (11) Accept WIC program food instruments only on or between the "Date of Issue" and the "Participant Must Use By" dates; (12) Prior to obtaining the countersignature, enter in the "Date Transacted" box the month, day and year the WIC food instrument is exchanged for supplemental food; (13) Ensure that the food instrument is countersigned in the presence of the cashier; (14) Refuse acceptance of any food instrument on which quantities, signatures or dates have been altered; (15) Not transact food instruments in whole or in part for cash, credit, unauthorized foods, or non-food items; (16) Not provide refunds or permit exchanges for authorized supplemental foods obtained with food instruments, except for exchanges of an identical authorized supplemental food when the original authorized supplemental food is defective, spoiled, or has exceeded its "sell by," "best if used by," or other date limiting 21:09 NORTH CAROLINA REGISTER NOVEMBER 1, 2006 770
Page 1 and 2: NORTH CAROLINA REGISTER VOLUME 21
Page 3 and 4: NORTH CAROLINA REGISTER Publication
Page 5 and 6: EXECUTIVE ORDERS EXECUTIVE ORDER NO
Page 7 and 8: IN ADDITION Note from the Codifier:
Page 9 and 10: PROPOSED RULES (c) The individual o
Page 11 and 12: PROPOSED RULES Subchapter through w
Page 13: PROPOSED RULES be placed into the s
Page 17 and 18: PROPOSED RULES Infant Cereal Plain-
Page 19 and 20: PROPOSED RULES (2) A pattern, as re
Page 21 and 22: PROPOSED RULES (E) failure to provi
Page 23 and 24: PROPOSED RULES Notice is hereby giv
Page 25 and 26: PROPOSED RULES (a) improper hot and
Page 27 and 28: PROPOSED RULES consider the issuanc
Page 29 and 30: PROPOSED RULES toothpicks and simil
Page 31 and 32: PROPOSED RULES facilities shall be
Page 33 and 34: PROPOSED RULES (c) Prior to issuanc
Page 35 and 36: PROPOSED RULES (c) (d) (e) (i) (ii)
Page 37 and 38: PROPOSED RULES ice or beverage garn
Page 39 and 40: PROPOSED RULES vegetables shall be
Page 41 and 42: PROPOSED RULES spray-on or wipe-on
Page 43 and 44: PROPOSED RULES (c) The joints betwe
Page 45 and 46: PROPOSED RULES SECTION .0200 - LICE
Page 47 and 48: PROPOSED RULES CEU transcript. RID
Page 49 and 50: APPROVED RULES This Section include
Page 51 and 52: APPROVED RULES programs. A failure
Page 53 and 54: APPROVED RULES (2) The dispenser is
Page 55 and 56: APPROVED RULES community as well as
Page 57 and 58: APPROVED RULES Temporary Adoption E
Page 59 and 60: APPROVED RULES (1) The fire departm
Page 61 and 62: APPROVED RULES between March 1 and
Page 63 and 64: APPROVED RULES (D) Horseback riding
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APPROVED RULES (D) Camping is restr
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APPROVED RULES (C) Harmon Den and S
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APPROVED RULES obtain a game lands
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APPROVED RULES History Note: Author
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APPROVED RULES component parts befo
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APPROVED RULES mathematical skills,
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APPROVED RULES (e) (B) Six semester
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APPROVED RULES which is the highest
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RULES REVIEW COMMISSION APPROVAL OF
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RULES REVIEW COMMISSION Support Ser
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RULES REVIEW COMMISSION Commission
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RULES REVIEW COMMISSION Transportat
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RULES REVIEW COMMISSION Amend/* Los
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RULES REVIEW COMMISSION Amend/* Con
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RULES REVIEW COMMISSION Inactive St
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CONTESTED CASE DECISIONS Child Care
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CONTESTED CASE DECISIONS Christophe
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CONTESTED CASE DECISIONS STATE OF N
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CONTESTED CASE DECISIONS "Paraprofe
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CONTESTED CASE DECISIONS (Responden
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CONTESTED CASE DECISIONS (ICF-MR).
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CONTESTED CASE DECISIONS STATE OF N
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CONTESTED CASE DECISIONS P-46 N.C.
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CONTESTED CASE DECISIONS On June 30
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CONTESTED CASE DECISIONS 21. The Go
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CONTESTED CASE DECISIONS 24. Goose
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CONTESTED CASE DECISIONS determined
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CONTESTED CASE DECISIONS 4. Petitio
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CONTESTED CASE DECISIONS 23. The Cl
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NC Register Volume 21 Issue 09 - Office of Administrative Hearings

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