Page 106

Page 10 – Alabama WIC Vendor Agreement FY 2027-2029 CONFLICT OF INTEREST The Department will terminate the agreement if the Department identifies a conflict of interest, as defined by applicable State laws, regulations, and policies, between the Vendor and the Department, or its local agencies. CHANGES TO THE AGREEMENT The Department may change this agreement in part or totally at any time without cause by giving written notice to the Vendor of the effective date thereof, at least thirty (30) days prior to such changes. CHANGE OF VENDOR’S STORE NAME/LOCATION Should the Vendor's store name or location be changed the Vendor shall notify the Department of intention to change the name or location fifteen (15) days before such change is completed. RENEWAL Neither the Department nor the Vendor have an obligation to renew the agreement. PENALTIES FOR FRAUD OR ABUSE A Vendor who commits fraud or abuse of the Program is liable to prosecution and administrative action under applicable Federal, State or local laws. Under 7 C.F.R. §246.23, those who have willfully misapplied, stolen or fraudulently obtained WIC funds shall be subject to a fine of not more than $25,000 or imprisonment for not more than five (5) years or both, if the value of the funds is $100 or more. If the value is less than $100, then the penalties are a fine of not more than $1,000 or imprisonment for not more than one year or both. Under §22-12C-1, Ala. Code 1975, and 7C.F.R. § 246, any Vendor who violates WIC Program rules may be subject to disqualification from the Program, in accordance with SNAP, or imposition of a civil monetary penalty in accordance with Alabama Administrative Code, Chapter 420-10-2. RIGHT OF APPEAL Vendor has the right to appeal, as provided by Federal regulation, State law and rules, if denied participation, termination from the WIC Program or if otherwise acted upon adversely by the Department. Request for an appeal hearing must be made within fifteen (15) days of notification of the adverse action. Expiration of a Vendor agreement, disqualification of a Vendor as a result of disqualification from SNAP, and the Department’s determination regarding participant access are not subject to review. Vendors whose agreements have expired and disqualified Vendors (except permanently disqualified Vendors) are required to apply for authorization and will be subject to the Department’s applicable selection criteria and procedures. ANTI-DISCRIMINATION CLAUSE Vendor will comply with Titles IV, VI, and VII of the Civil Rights Act of 1964, the Federal Age Discrimination in Employment Act, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, and all applicable Federal and State laws, rules and regulations implementing the foregoing statutes with respect to nondiscrimination on the basis of race, color, national origin, sex, disability, age, or reprisal or retaliation for prior civil rights activity, as defined in the above laws and regulations. Vendor shall not discriminate against any otherwise qualified disabled applicant for, or recipient of aid, benefits, or services or any employee or person on the basis of physical or mental disability in accordance with the Rehabilitation Act of 1973 or the Americans with Disabilities Act of 1990. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK.]