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West Virginia WIC Policy & Procedure 8.06 Effective Date: 03/11/2013 8.06 Fair Hearing Policy for Vendors_____________________ b. A discussion of their rights and responsibilities; c. The role of the Hearing Officer; and d. Other pertinent information. C. Time Limit for Requesting a Fair Hearing 1. The Vendor must request a fair hearing within fifteen (15) days of the date the State Agency mails or otherwise delivers written notice of adverse action to the Vendor. 2. The Vendor must use the Appeals Request form (see Policy 8.06 Attachment #1) to request a fair hearing. No other form or method of requesting a fair hearing will be accepted in lieu of this form. D. Denial or Dismissal of Request 1. The State Agency will not deny or dismiss a Vendor’s right to request a fair hearing involving a sanction assessment, denial of participation, or, disqualification unless: a. The request is not received within the fifteen (15) day time limit; b. The request involves a previous action taken by the agency in which a fair hearing has already been held and a decision rendered; c. The request involves a previous action taken by the agency in which a request was made but not held as it was either abandoned or withdrawn by the Vendor or their representative; d. The request involves a disqualification from the WIC Program which is a result of Vendor being disqualified from SNAP; e. The request involves the State Agency’s determination on what constitutes inadequate participant access; f. The request is withdrawn in writing by the Vendor or their representative; or g. The Vendor or their representative fails, without good cause, to appear at the scheduled hearing. E. Continuation of Vendor Authorization The Vendor found to be ineligible for WIC Program participation at any time during the vendor agreement period will be notified in writing fifteen (15) days before termination of the vendor agreement of the reason(s) for termination of the agreement. 1. When the Vendor appeals the termination of their vendor agreement within the fifteen (15) days advance adverse notice period, they may continue to accept food drafts from the WIC Program participants until the Hearing Officer reaches a Page 2 of 8