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West Virginia WIC Policy & Procedure 8.06 Effective Date: 03/11/2013 8.06 Fair Hearing Policy for Vendors_____________________ a. All records will be kept on file until all issues are resolved, or until the end of a three (3) year and one-hundred fifty (150) day period, whichever is later. 6. The fair hearing records can include but are not limited to: the verbatim transcript or recording of testimony; an official report containing the substance of what transpired at the hearing; and all papers and requests filed in the proceeding. 7. If the decision results in disqualification of the Vendor, the State Agency will also terminate the Vendor Agreement. K. Appeal of Unfavorable Fair Hearing Decision 1. The fair hearing will be conducted in conformance with USDA Regulations. 2. If the decision of the Hearing Office is unfavorable to the Vendor, the decision will include explanation of appellant’s right to pursue Judicial Review. L. Adverse Actions Subject to Administrative Appeal 1. Denial of authorization based on the application of the vendor selection criteria for minimum variety and quantity of authorized supplemental foods (246.12(g)(3)(i)), or on a determination that the vendor is attempting to circumvent a sanction (246.12(g)(6)); 2. Termination of an agreement for cause; 3. Disqualification; and 4. Imposition of a fine or a civil money penalty in lieu of disqualification. 5. Denial of authorization based on the vendor selection criteria for business integrity or for a current SNAP disqualification or civil money penalty for hardship (246.12(g)(3)(ii) and (g)(3)(iii): 6. Denial of authorization based on the application of the vendor selection criteria for competitive price (246.12(g)(4); 7. The application of the State Agency’s vendor peer group criteria and the criteria used to identify vendors that are above-50-percent vendors or comparable to above-50-percent vendors; 8. Denial of authorization based on a State agency-established vendor selection criterion if the basis of the denial is a WIC vendor sanction or a SNAP withdrawal of authorization or disqualification; 9. Denial of authorization based on the State Agency’s vendor limiting criteria (246.12(g)(2)); Page 6 of 8