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West Virginia WIC Policy & Procedure 8.06 Effective Date: 03/11/2013 8.06 Fair Hearing Policy for Vendors_____________________ POLICY: The State Agency will provide a hearing procedure whereby a food Vendor adversely affected by a State Agency action may appeal the action. PROCEDURE: A. Notification of Right to Request a Fair Hearing 1. The right to request a fair hearing will be granted when a food Vendor's application to participate is denied or, during the course of the vendor agreement, when a Vendor is disqualified or other adverse action which affects participation is taken. 2. Expiration of a vendor agreement with a food Vendor and/or sanctions which do not pertain to disqualification will not be subject to appeal. 3. The Vendor must be informed in writing of their right to request a fair hearing and the method to request a fair hearing when they are found to be ineligible, or they are disqualified from participation in the WIC Program. B. Notification of WIC Program Policies and Federal Regulations 1. The Vendor may request a pre-hearing conference to discuss the topic(s) prior to the actual fair hearing. a. The pre-hearing conference is an informal meeting between the State Agency and the Vendor representative. b. The State Agency will explain the reason(s) for the action taken and the Vendor representative will be allowed to share any pertinent information which the Vendor believes that the State Agency should be informed about. c. The pre-hearing conference is an option offered to the Vendor to resolve misunderstandings or it may simply act to define or consolidate the issues to be addressed during the fair hearing. 2. If, as a result of the pre-hearing conference, the State Agency representative finds that the information upon which the State Agency based its action is incorrect, or if for any other reason the State Agency representative determines that the action taken is inappropriate, the State Agency may reverse or modify the action. 3. If the State Agency finds that the action was appropriate, the proposed action will remain in effect unless it is reversed at the fair hearing. 4. When the Vendor continues to want a fair hearing after the pre-hearing conference, the State Agency will distribute to the Vendor: a. Information on fair hearing procedures; Page 1 of 8