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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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payments due for sale of unauthorized foods. Such outstanding liabilities must be paid in addition to the civil money penalty;

c. That the past violations settled by the civil money penalty may be considered, at the discretion of the State Agency, if additional violations of the same nature occur in the future;

d. That the Vendor has fifteen (15) days after the conference to accept the civil money penalty in lieu of disqualification; and

e. That this civil money penalty settlement does not prohibit further WIC investigations.

E. Calculating a Civil Money Penalty

1. The State Agency will calculate all civil money penalties using a standard formula, in accordance with the federal guidelines specified in § 3.91(b)(3)(v) of this title.

2. The civil money penalty shall not exceed the maximum amount specified in § 3.91(b)(3)(v) per violation, and the total penalties for violations investigated as part of a single investigation shall not exceed the maximum amount for such investigations, even if the formula indicates that a higher penalty is warranted.

3. The calculation formula is as follows:

a. The State Agency shall determine the average monthly redemptions for the most recent six (6) month period ending with the month immediately preceding the month during which the notice of administrative action is dated.

b. Multiply the average monthly redemptions by 10% (.10).

c. Multiply the product from Step 2 by the number of months for which the store would have been disqualified.

4. Example: A Vendor receives notification of a one (1) year disqualification in October 20__. The civil money penalty in lieu of disqualification would be calculated as follows:

• $4,884.17 (average monthly redemptions) x 10% = $488.42

• $488.42 x 12 months (disqualification period) = $5,861.04

Month Redemptions September $4,650 August $4,075 July $5,120 June $5,580 May $4,890 April $4,990 Total $29,305 Average $4,884.17