Section 60-1.10 - Fair hearings involving vendors due to disqualification or imposition of an administrative fine or civil money penalty
Effective Date
60-1.10 Fair hearings involving vendors due to disqualification or imposition of an administrative fine or civil money penalty
(a) Any vendor which the department seeks to fine or fine and disqualify from the WIC program for violations of section 60-1.8 of this Subpart shall be afforded a right to a fair hearing under the terms of this section.
(b) A written notice of hearing shall be sent by certified mail to the vendor 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 fair hearing;
(2) state briefly the issues which are to be the subject of the fair hearing;
(3) explain the manner in which the fair 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 fair hearing; and
(5) state that failure to appear at the fair hearing shall constitute waiver of the respondent's right to a hearing and that a default order will be issued against the respondent affirming the disqualification; and, where the department seeks the imposition of administrative fines or civil money penalties, a default order may be issued, based upon substantial evidence, imposing administrative fines or civil money penalties.
(c) The provisions of section 60-1.6(d) and(h) of this Subpart concerning hearings, administrative law judges, and records of hearings shall apply to fair hearings for vendors under this section.
(d) A copy of the fair hearing decision shall be sent to the respondent, their 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 from 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. 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.
(f) The department has the burden of proof to establish a violation of section 60-1.8 of this Subpart by substantial evidence.