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West Virginia WIC Policy & Procedure 8.06 Effective Date: 03/11/2013 8.06 Fair Hearing Policy for Vendors_____________________ decision. a. The Vendor will immediately cease accepting food benefits and will be liable for all over charges and erroneous payments incurred both before and after the fifteen (15) days following the receipt of the notification of the adverse action if the hearing decision is against the Vendor. b. Once a hearing decision to uphold the State Agency’s action to terminate the vendor agreement has been made, the Vendor will be notified of the date that the disqualification will go into effect. c. The Vendor will no longer be authorized to accept food benefits once the hearing decision to uphold the State Agency’s action is rendered unless the vendor elects to proceed to the Judicial Review level. d. No payments will be made for food benefits accepted after the termination date unless the vendor has elected to proceed to the Judicial Review level. 2. The Vendor has the option not to redeem food benefits during the hearing process. a. The vendor must inform the State in writing if it chooses not to redeem benefits during the hearing process. b. If the vendor chooses not to redeem benefits during the hearing process, they will be considered disqualified. This means: i. They cannot redeem benefits until the hearing official renders a decision. ii. If the decision is in favor of the vendor, they may resume redeeming benefits. iii. If the decision is not in favor of the vendor, the disqualification remains in effect. F. Policy and Procedure The State Agency will process each request for a fair hearing according to policy and will make the fair hearing policies and procedures available for public inspection and copying. 1. A copy of Policy 8.06 Fair Hearing Policy for Vendors, and the Appeals Request Form (see Attachment #1) will be issued to the Vendor upon receipt of a request for a fair hearing. 2. The Appeals Request Form (see Attachment #1) will be completed by the Vendor representative and sent to the State Agency to request a fair hearing. 3. The State Agency will immediately notify the State Board of Review of receipt of a request for a fair hearing. G. State Agency Page 3 of 8