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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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5. For violations warranting permanent disqualification, the penalty will be the maximum amount specified in § 3.91(b)(3)(v) of this title for each violation. If multiple violations are found during a single investigation, the State Agency will impose a civil money penalty (CMP) for each violation. However, the total amount of penalties for violations found in a single investigation shall not exceed the maximum penalty specified in § 3.91(b)(3)(v) for such investigations.

F. Payment of a Civil Money Penalty

1. The State Agency will determine the method of a civil money penalty payment by one of the following: a. A lump sum payment of the civil money penalty which must be received on or before the date that the disqualification was to be effective; or

b. By installment payments in which the following conditions must be met:

2. The first payment must be received by the State Agency on or before the date that the disqualification was to be effective; and

3. Subsequent installment payments which will be of equal amounts, the total number of which cannot exceed one half the number of months of the alternative disqualification, and must be received at the State Office by the fifteenth (15th) of the prior month to maintain eligibility for the coming month; and

A Vendor who does not make any installment payment by the due date will be notified by the State Agency that the civil money penalty balance is due within ten (10) days or the disqualification action will be enforced.

4. All payments (lump sum or installment) must be made by certified check or money order to:

West Virginia WIC Program

Room 519

350 Capitol Street

Charleston, WV 25301-3717

All payments must include the Vendor’s name and authorization number.

1. A Vendor who does not pay, only partially pays, or fails to timely pay a civil money payment including installment payments will be disqualified for the length of the disqualification period corresponding to the violation for which the civil money penalty was assessed.