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Vendor Disqualification Disqualification periods are determined by the type of violation. Program violations are categorized by their seriousness. Each category lists the sanction that will be imposed for the corresponding violation. In the event of a disqualification, it is unlawful to sell, assign or otherwise transfer ownership to the vendor’s partners, members, owners, officers, directors, employees, relatives by blood or marriage, heirs or assigns to avoid disqualification. Disqualification from SNAP shall result in an automatic disqualification of the same duration from the WIC Program. When a vendor is disqualified from SNAP or another state’s WIC Program, the Alabama WIC Program will disqualify the vendor for the same length of time. In accordance with federal regulations, the disqualification may begin at a later date. The disqualification is not subject to an administrative or judicial review under the WIC Program.

Civil Money Penalties may be imposed in lieu of disqualification in cases where the Department determines that the disqualification shall result in inadequate participant access. The Department shall determine there is inadequate participant access if geographic barriers or other conditions make participant access unreasonably difficult and no authorized WIC vendors are within ten miles of the violative vendor. Appeals Upon receipt of notice for certain sanctions, the vendor may request a full administrative review before an impartial hearing officer. The notification will detail the vendor’s responsibility regarding the appeals process.

The formal administrative hearing regarding adverse actions taken against WIC vendors must adhere to the Hearing of Contested Cases rules found in Chapter 420-1-3 of the Alabama Administrative Code unless those rules are contrary to this Chapter or Part 246, Title 7 of the Code of Federal Regulations.

A full administrative review includes the opportunity to be represented by legal counsel at your own expense, examine the evidence upon which the action is based prior to the administrative hearing, present evidence, and witnesses, and confront and cross- examine adverse witnesses.

During the appeal process the vendor is permitted to continue operations. This does not relieve the vendor from the responsibility of continued compliance with the terms of any written agreement with the Department.

The Alabama WIC Director shall allow a vendor to continue in the WIC Program while an administrative review is in process, except for a vendor disqualified due to a trafficking