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69. Payment of a Vendor claim does not absolve the Vendor for violations which give rise to sanctions whenever the Vendor violation meets the conditions set forth in the WV WIC Vendor Sanction Policy and Listing. Vendor further understands that the WV WIC Program considers certain violations, i.e. overcharge, trafficking, etc., to be of such serious nature to warrant disqualification at any level or degree of the violation. 70. Vendor understands that its disqualification from participating in the WV WIC Program may result in its disqualification from SNAP, and that this disqualification is not subject to administrative or judicial review under SNAP. 71. Vendor understands that its disqualification from participation in SNAP shall result in its disqualification from the WV WIC Program, unless, at its discretion, the WV WIC Program determines that such disqualification would result in inadequate participant access as defined by WV WIC Program policy. A Vendor’s disqualification from the WV WIC Program as a result of disqualification from SNAP is not subject to administrative or judicial review under the WV WIC Program. 72. Vendor understands if SNAP imposes a civil money penalty in lieu of program disqualification, the WV WIC Program may impose a disqualification period equal to the length of SNAP’s original proposed length of disqualification. 73. Vendor understands the provision of sanctions for WV WIC Program violations shall not be construed as excluding or replacing any additional penalties or sanctions available to WV WIC Program or any criminal or civil sanctions or other remedies that may be applicable under any federal or state statute or local ordinance. 74. Vendor understands a potentially hearable issue shall not be considered at a later hearing if this issue was: (a) not challenged at a previously offered opportunity; or, (b) challenged but then abandoned by the Vendor and/or representative; or, (c) challenged and a final decision was rendered. 75. In addition to claims collection, the Vendor may be sanctioned for Vendor violations in accordance with the WV WIC Program's sanction schedule. Sanctions may include administrative fines, disqualifications, and civil money penalties in lieu of disqualification. The WV WIC Program must notify a Vendor in writing when an investigation reveals an initial violation for which a pattern of occurrences must be established in order to impose a sanction, before another such incidence is documented, unless the WV WIC Program determines, in its discretion, on a case-by-case basis, that notifying the Vendor would compromise an investigation. 76. To ensure that civil money penalties (CMPs) are applied consistently and proportionately for violations of WV WIC Program regulations, the penalty will be calculated by Multiply the product from paragraph (l)(1)(x)(B) of this section by the number of months for which the store would have been disqualified. This is the amount of the civil money penalty, provided that the civil money penalty shall not exceed the maximum amount specified in § 3.91(b)(3)(v) of this title for each violation. For a violation that warrants permanent disqualification, the amount of the civil money penalty shall be the maximum amount specified in § 3.91(b)(3)(v) of this title for each violation. When during the course of a single investigation the State agency determines a vendor has committed multiple violations, the State agency must impose a CMP for each violation. The total amount of civil money penalties imposed for violations investigated as part of a single investigation may not exceed the amount specified in § 3.91(b)(3)(v) of this title as the maximum penalty for violations occurring during a single investigation. 77. Vendor understands a Vendor resignation will not be accepted to avoid mandatory training, sanction point assessment, and/or disqualification. Vendor also understands that any sanctions assessed to the Vendor will remain with the Vendor throughout the period of the current Vendor Agreement and will be reinstated and be part of the Vendor's sanction record should Vendor resign and then regain authorization as a WV WIC Vendor within this aforementioned Agreement period. General Conditions 78. Upon expiration of this Agreement, the Vendor may reapply for consideration for Vendor authorization. Vendor understands that renewal or reauthorization of Vendor status is not automatic. 79. Vendor understands neither the WV WIC Program nor the Vendor has an obligation to renew the Vendor Agreement. Page 8 of 12