Section 60-1.1 - Definitions

Section 60-1.1 Definitions. As used in this Subpart, the following terms shall have the following meanings:

(a) Administrative law judge means a person designated by the Commissioner of Health to conduct hearings under sections 60-1.6, 60-1.11 and 60-1.12 of this Subpart. The commissioner may delegate to the Administrative Law Judge the power to render final decisions in these matters.

(b) Adverse action shall mean the imposition of monetary penalties, suspension or disqualification from, or the denial of participation in the WIC program. It shall not mean nonrenewal of a contract, the term of which has expired, nor notification to a vendor to cease and desist from depositing WIC checks in the vendor's bank account.

(c) Applicant means a person who submits an application to a local agency for its determination of his/her eligibility to receive supplemental foods under the WIC program.

(d) Categorically ineligible means not meeting the definition of pregnant women, breastfeeding women, postpartum women, or infant or child as set forth in subdivision (m) of this section.

(e) Commissioner means the Commissioner of Health of the State of New York.

(f) Conference means a meeting prior to a request for a fair hearing, between a representative of a local agency and an applicant or participant who is aggrieved by the determination or action of such agency, to discuss such determination or action.

(g) Department shall mean the New York State Department of Health.

(h) Fair hearing means the procedure under section 60-1.6 and 60-1.12 of this Subpart by which applicants, participants, food vendors and local agencies may appeal certain determinations or actions of a local agency or of the State agency.

(i) FNS means the Food and Nutrition Service of the United States Department of Agriculture.

(j) Food instrument means a WIC check, drawn on the account of the State Department of Health exchangeable for WIC-approved products.

(k) Food vendor means any establishment which accepts WIC food instruments whether contracted to do so or not.

(l) Local agency means an agency which has contracted with New York State to provide WIC benefits to participants.

(m) Participant means a person who is a pregnant woman, a breastfeeding woman for up to one year postpartum, a postpartum women up to six months following delivery, an infant under one year of age, or a child between one and five years of age, or their representative, who is receiving supplemental foods or food instruments under the WIC program.

(n) Persons with a special nutritional risk condition means pregnant women at nutritional risk as demonstrated by hematological or anthropometric measurements, or other documented nutritionally related medical conditions which demonstrate the need for supplemental foods, infants under six months of age, and members of migrant farm worker households who plan to leave the jurisdiction of the local agency.

(o) Petitioner means an applicant, participant or his/her parent or guardian, food vendor or local agency who requests a hearing from the department.

(p) Respondent means a food vendor or local agency from whom the department seeks a monetary penalty under the provisions of section 60-1.11 of this Subpart.

(q) WIC food vendor means a food vendor which has a contract in effect with a local agency to supply supplemental foods to persons receiving benefits under the WIC program.

(r) WIC program means the Special Supplemental Food Program for Women, Infants, and Children authorized by the Federal Child Nutrition Act of 1966, as amended.
 

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