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West Virginia WIC Policy & Procedure 8.06 Effective Date: 03/11/2013 8.06 Fair Hearing Policy for Vendors_____________________ 10. Denial of authorization because a vendor submitted it’s application outside the timeframes during which applications are being accepted and processed as established by the State agency under 246.12 (g)(8); 11. Termination of an agreement because of a change in ownership or location or cessation of operations (246.12(h)(3)(xvii)); 12. Disqualification based on a trafficking conviction (246.12(l)(l)(i); 13. Disqualification based on the imposition of a SNAP civil money penalty for hardship (246.12(l)(2)(ii); and 14. Disqualification or a civil money penalty imposed in lieu of disqualification based on a mandatory sanction imposed by another WIC State Agency (246.12(1)(2)(iii). 15. A civil money penalty imposed in lieu of disqualification based on a SNAP disqualification under 246.12(l)(l)(vii) and, 16. Denial of an application based on a determination of whether an applicant vendor is currently authorized by SNAP. M. Adverse Actions Not Subject to Administrative Appeal 1. The validity or appropriateness of the State Agency’s vendor limiting criteria (246.12(g)(2) or vendor selection criteria for minimum variety and quantity of supplemental foods, business integrity, and current Supplemental Nutrition Assistance Program disqualification or civil money penalty for hardship (246.12 (g)(3); 2. The validity or appropriateness of the State Agency’s selection criteria for competitive price (246.12(g)(4), including, but not limited to, vendor peer group criteria and the criteria used to identify vendors that are above-50-percent vendors or comparable to above-50-percent vendors; 3. The validity or appropriateness of the State Agency’s participant access criteria and the State Agency’s participant access determinations; 4. The State Agency’s determination to include or exclude an infant formula manufacturer, wholesaler, distributor, or retailer from the list required pursuant to 246.12(g)(11); 5. The validity or appropriateness of the State Agency’s prohibition of incentive items and the State Agency’s denial of an above-50-percent vendor’s request to provide an incentive item to customers pursuant to 246.12(h)(8); 6. The State Agency’s determination whether to notify a vendor in writing when an Page 7 of 8