OAR 333-054-0070
Administrative Review
(1)
The Authority shall provide a full administrative review in accordance with the provisions of ORS Chapter 183 (Administrative Procedures Act) for the following, as applicable:(a)
Denial of authorization based on a determination that the vendor or farmer is attempting to circumvent a sanction;(b)
Termination of an agreement for cause;(c)
Disqualification;(d)
Imposition of a civil penalty or a CMP in lieu of disqualification; and(e)
Denial of authorization based on the vendor selection criteria for competitive price or minimum variety and quantity of authorized WIC foods.(2)
The Authority may provide a vendor with an abbreviated or full administrative review in accordance with the provisions of ORS Chapter 183 (Administrative Procedures Act) for the following, as applicable:(a)
Denial of authorization based on selection criteria for business integrity or for a current SNAP disqualification or CMP penalty for hardship;(b)
Denial of authorization based on an Authority selection criteria for previous history of WIC sanctions or SNAP withdrawal of authorization or disqualification;(c)
Denial of authorization based on the Authority’s limiting criteria;(d)
Termination of an agreement because of a change in ownership or location or cessation of operations;(e)
Disqualification based on a trafficking conviction;(f)
Disqualification based on the imposition of a SNAP CMP for hardship;(g)
Disqualification or CMP based on a USDA mandatory sanction from another state WIC agency; and(h)
Application of criteria used to determine whether a store is an A50.(3)
The vendor or farmer shall not be entitled to an administrative review for the following actions, as applicable:(a)
The validity or appropriateness of the Authority’s limiting or selection criteria;(b)
The validity or appropriateness of the Authority’s participant access criteria and the Authority’s participant access determinations;(c)
The Authority’s determination regarding whether an effective policy and program in effect to prevent trafficking regardless of the vendor or farmer’s awareness, approval, or involvement in the violation activity;(d)
Denial of authorization if the Authority vendor authorization is subject to the procurement procedures applicable to the Authority;(e)
The expiration of the agreement;(f)
Disputes regarding food instrument payments and claims;(g)
Disqualification of a vendor as a result of disqualification from the SNAP;(h)
The Authority’s determination whether to notify a vendor in writing when an investigation reveals an initial violation for which a pattern of violations must be established in order to impose a sanction;(i)
The Authority’s determination to include or exclude an infant formula manufacturer, wholesaler, distributor, or retailer from the list required;(j)
The validity or appropriateness of the Authority’s criteria used to determine whether or not a vendor is an A50 store; and(k)
The validity or appropriateness of the Authority’s prohibition of incentive items and the Authority’s denial of an A50 vendor’s request to provide an incentive item to shoppers.(4)
A request for a hearing must be in writing and must be received within 30 days from the date of the notice describing the proposed action.(5)
The Authority may, at its discretion, permit the vendor or farmer to continue participating in the program pending the outcome of an administrative hearing. The vendor or farmer may be required to repay funds for FIs redeemed during the pendency of the hearing, depending on the hearing outcome.(6)
If an agreement expires during the appeal period, the Authority will accept application for renewal and delay determination until all appeals have been exhausted.
Source:
Rule 333-054-0070 — Administrative Review, https://secure.sos.state.or.us/oard/view.action?ruleNumber=333-054-0070.