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West Virginia WIC Policy & Procedure 8.04 Effective Date: 03/11/2013 8.04

Civil Money Penalty

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POLICY:

As an alternate sanction, a civil money penalty may be assessed against Vendors in lieu of disqualification in order to emphasize the seriousness of WIC Program compliance and to allow the Vendor to continue to serve an otherwise uncovered participant group.

PROCEDURE:

A. Determination of Eligibility for a Civil Money Penalty

Under special circumstances, the State Agency may choose to waive disqualification of an abusive or non-compliant Vendor. The State Agency is not required to offer a civil money penalty to a Vendor in the process of disqualification for major offenses or while maintaining a disqualification on a Vendor who had accumulated a number of minor offenses.

1. A civil money penalty will only be offered to a Vendor in lieu of disqualification when inadequate participant access would otherwise occur (see Policy 8.03 Inadequate Participant Access).

2. Determination of eligibility of a Vendor for a civil money penalty will be made by the State Agency prior to the notification of disqualification so that the Vendor will be made aware of any alternative at the time of notification.

3. The State Agency must assure that a Vendor selected to pay a civil money penalty can be monitored successfully.

4. The potential for inadequate participant access must be examined each time a Vendor is disqualified through a review and documentation of the authorization status of all Vendors within a ten (10) mile distance of the disqualified Vendor as well as a review and documentation of any geographical barrier(s) which would restrict participant access.

B. When a Civil Money Penalty Will Not be Offered

1. Regardless of inadequate participant access, a civil money penalty will not be offered when the disqualification is based on:

a. A Vendor is convicted of trafficking in SNAP or WIC food benefits;

b. A Vendor is convicted of selling firearms, ammunition, explosives, or, controlled substances (as defined in Section 102 of the Controlled Substances Act (21 U.C.S. 802)) in exchange for food stamps or WIC drafts;

c. A Vendor has been disqualified or received a civil money penalty for two or more sanctions that are federally mandated (see Sanction Listing);