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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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d. A Vendor has been assessed a civil money penalty from the SNAP Program in lieu of disqualification;

e. A Vendor’s refusal to be monitored or refusal to supply the WIC Program with supplier invoices;

f. A Vendor’s refusal to accept mandatory training;

C. Written Notice of Disqualification Action

1. The State Agency will send the Vendor a written notice of the disqualification action including:

a. The cause(s) for the disqualification;

b. The effective date of the action;

c. The Vendor’s right to appeal;

d. The procedures to be followed to file an appeal; and

e. Notification that the State Agency has decided to offer a civil money penalty in lieu of disqualification and that they will be contacted to schedule a conference to discuss the offer.

D. Vendor Conference to Discuss a Civil Money Penalty

1. The State Agency will contact the Vendor to schedule a conference to offer the alternative of the civil money penalty in lieu of the disqualification.

2. The conference will cover the following:

a. The amount of the civil money penalty;

b. The method of payment of the penalty available to the Vendor; and

c. Discussion of all compliance issues, not just those brought about by the disqualification.

3. The Vendor will be advised of the following during the conference:

a. That acceptance/payment of the civil money penalty settles all past compliance issues, but does not relieve the Vendor of its obligation to document the resolution of the identified problem(s) or protect the Vendor from future sanctions or disqualification for continued non-compliance;

b. That a civil money penalty does not relieve the Vendor of financial liability for previous compliance issues such as outstanding overcharge recoveries or