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Page 8 – Alabama WIC Vendor Agreement FY 2027-2029 is detected, the Department will establish a claim against the Vendor. The vendor must pay any claim assessed by the Department. The claim amount will be for the full amount of transactions processed in error or for the amounts set forth in the Department's sanction schedule (Attachment 1). The Department may offset the claim against current and subsequent eWIC transactions. 27. Disqualification from SNAP shall result in disqualification from the WIC Program for a period equivalent to the SNAP disqualification period. The disqualification period may begin at a later date than the SNAP disqualification and shall not be subject to administrative or judicial review under the WIC Program. 28. Disqualification from the WIC Program may result in disqualification as a retailer in SNAP. Such disqualification may not be subject to administrative or judicial review under the SNAP program. 29. Conviction (action by a criminal court) of trafficking in eWIC cards or selling firearms, ammunition, explosives, or controlled substances as defined in Section 802 of Title 21 of the United States Code in exchange for eWIC cards, shall result in permanent disqualification from the WIC Program. The permanent disqualification shall be effective on the date of the notice of administrative action. Vendor shall not be entitled to receive any compensation for revenues lost as a result of such violation. 30. One incident of buying or selling eWIC cards for cash (trafficking) or one incident of selling firearms, ammunition, explosives, or controlled substances as defined in Section 802 of Title 21 of the United States Code in exchange for eWIC cards, shall result in a six (6) year disqualification from the WIC Program. 31. A Vendor who has previously been assessed a sanction for any of the violations in categories V and VI and who receives another sanction for any of these violations shall receive a doubled sanction for the second violation from the Alabama WIC Program. Civil money penalties may only be doubled up to the limits allowed under 7 CFR 246.12(l)(1)(x)(C). The civil money penalty may not exceed the value set forth in 7 CFR 3.91(b)(3)(v). 32. A Vendor who has previously been assessed two or more sanctions for any of the violations in categories V and VI and who receives another sanction for any of these violations shall receive a doubled sanction for the third violation, and all subsequent violations, from the Alabama WIC Program. The Alabama WIC Program may not impose civil money penalties in lieu of disqualification for third or subsequent sanctions for violations listed in 7 CFR 246.12(l)(1)(ii) through 7 CFR 246.12(l)(1)(iv). 33. All information provided on the Vendor Application, Vendor Renewal Application, and agreement is true and correct. The Department will immediately terminate the Vendor agreement if it determines the Vendor has provided false information in connection with its application for authorization or at any time during authorization of the Vendor. 34. Vendor has a right to a full administrative review of many adverse actions. Administrative review rights may be found in Alabama Administrative Code, Chapter 420-10-2, a copy of which may be obtained from the Alabama WIC Program. 35. The Department will immediately terminate the agreement of a Vendor if it is determined that the Vendor derives more than 50 percent of their annual food revenues from the sale of food items purchased with eWIC. 36. WIC is a federally funded program, and reimbursement levels may be subject to change due to fluctuations in appropriations or other law. It is understood and agreed that none of the terms or provisions of this agreement shall constitute a waiver by the State of Alabama or the Department to claim or assert the protection of sovereign immunity or any other defense which might be available to it in the event of litigation concerning this agreement. The Vendor agrees to indemnify and hold harmless the State of Alabama and the Department from any and all damages, liabilities, claims, or costs that are caused by, or are the result of, actions of the Vendor in its performance of this agreement. SECTION III CONFIDENTIALITY AND TRADE SECRET PARTICIPANT INFORMATON 1. Any information about a WIC participant, whether obtained from the participant or another source, that identifies a WIC participant individually, or anyone authorized to act on behalf of the participant, is confidential regardless of its original source and exclusive of previously applicable confidentiality provided under Federal or State law. 2. Such information shall not be made available to the public or to any person who does not have a direct relationship to the administration or enforcement of the WIC Program. 3. The use and disclosure of confidential participant information is restricted to persons directly connected with the administration, delivery or enforcement of the WIC Program, the Department, and those the Vendor designates as having a need to know for operation and payment purposes related to the WIC Program.