Section 60-1.11 - Hearings involving food vendors for violations of section 60-1.8 of this Subpart and local agencies for violation of section 60-1.9 of this Subpart where a monetary penalty is sought

60-1.11 Hearings involving food vendors for violations of section 60-1.8 of this Subpart and local agencies for violation of section 60-1.9 of this Subpart where a monetary penalty is sought.

(a) Any food vendor or local agency which the department seeks to fine or fine and disqualify from the WIC program for violations of section 60-1.8 or section 60-1.9 of this Subpart shall be afforded a right to a hearing under the terms of this section. A disqualification without a contemporaneous monetary penalty is governed by the provisions of section 60-1.12.

(b) A written notice of hearing shall be sent by certified mail to the applicant and other parties involved at least 15 days prior to the scheduled date of the hearing. Such notice shall:

(1) specify the date, time and place of the hearing;

(2) state briefly the issues which are to be the subject of the hearing;

(3) explain the manner in which the hearing will be conducted;

(4) apprise the respondent of its right to be represented by an attorney, to testify, present documentary evidence, produce witnesses, cross-examine adverse witnesses, and to examine the case record prior to the hearing; and

(5) state that failure to appear at the hearing shall constitute waiver of the respondent's right to a hearing and that a default order may be issued against the respondent, fining the respondent up to a maximum of $1,000 per violation and/or disqualifying the vendor from participating in the WIC program for up to three years and permanently terminating the local agency from participating in the WIC program.

(c) The provisions of section 60-1.6(d) and(h) of this Subpart concerning hearings, administrative law judges, and record of hearings shall apply to hearings for food vendors and local agencies under this section.

(d) A copy of the hearing decision shall be sent to the respondent, his/her attorney, if any, and other parties involved within 60 days following the date on which the department issued a notice of hearing.

(e) Nothing in this section shall prevent the department from immediately disqualifying any vendor or local agency from participating in the WIC program provided that written notice of disqualification is given to the vendor at least 15 days before the effective date of the disqualification and to the local agency at least 60 days before the effective date of disqualification, respectively. The disqualification may not be stayed during the pendency of the hearing by the administrative law judge without the consent of the department's representative at the hearing. The disqualification shall remain in effect unless an order is issued at the conclusion of the hearing which reinstates the vendor or local agency.

(f) The department has the burden of proof to establish a violation of section 60-1.8 or section 60-1.9 of this Subpart by substantial evidence.
 

Doc Status: 
Complete