06 PARTICIPANT PROGRAM VIOLATIONS

(1) The Department shall submit to the participant or parent/caretaker a claim requiring repayment of the value of any Program benefits obtained or disposed of improperly. This includes dishonesty in the use of vouchers; providing false information for certification including dual participation; sale of supplemental food or food instruments to, or exchange with, other individuals or entities; receipt from WIC vendors of cash or credit toward purchase of unauthorized food or other items; or physical abuse or threat of physical abuse of health department or vendor staff. The participant or parent/caretaker accepts responsibility for understanding the preceding situations upon signing the Department’s “Informed Consent/Signature Sheet” during the procedures for determining eligibility in the Program. (2) A participant may be disqualified up to twelve months for proven claims of less than $100, except for dual participation or a second or subsequent claim for which the disqualified period must be one-year. When the participant is an infant or child, and the parent/caretaker is guilty of the violations set forth in item (1) of this section, further participation by the infant or child shall be as a lock-in status. (3) A participant must be disqualified for one-year for proven claims of $100 or more. However, the disqualification may be waived by the Department if full repayment is made or a payment schedule agreed upon within thirty (30) days of receipt of the letter demanding repayment. If a participant is an infant, child, or a woman under age eighteen (18), the disqualification may be waived without full repayment or a payment schedule agreed upon if the Department approves a designated proxy. Repeated violations of this nature may result in disqualification. (4) A participant may be given an opportunity to reapply for the Program before the end of a mandatory one-year disqualification if full payment is made or a payment schedule is agreed upon within thirty (30) days of receipt of the letter demanding repayment. If a participant is an infant, child, or a woman under age eighteen (18), an opportunity to reapply for the Program before the end of a mandatory one- year disqualification may be offered without full repayment or a payment schedule being agreed upon if the Department approves a designated proxy. (5) The Department may provide warnings to the participant, parent or caretaker of an infant or child participant, or proxy before issuing a sanction. (6) A participant will be given an opportunity for a hearing following the Fair Hearing Procedure (WIC/CSFP Programs) of the Tennessee Department of Health, posted in each clinic, prior to any adverse action. The participant must request a hearing within ninety (90) days of the notice of the adverse action. All hearings will be conducted in accordance with the Uniform Administrative Procedures Act, T.C.A. §4-5-101, et seq. Authority: T.C.A. §§4-5-202, 4-5-204, and 68-1-106. Administrative History: Original rule filed June 20, 1985; effective July 20, 1985. Repeal and new rule filed August 24, 2000; effective November 7, 2000. Repeal and new rule filed February 8, 2002; effective April 24, 2002.