410 Ind. Admin. Code 3.6-4-1

Current through November 6, 2024

Section 410 IAC 3.6-4-1 - Permanent disqualifications

Authority: IC 16-19-3-5; IC 16-35-1.5-6

Affected: IC 16-35-1.5

Sec. 1.

(a) The department shall permanently disqualify a WIC vendor convicted of either of the following:

(1) Trafficking in food instruments.

(2) Selling:

(A) firearms;

(B) ammunition;

(C) explosives; or

(D) controlled substances, as defined in Section 102 of the Controlled Substances Act ( 21 U.S.C. 802 ); in exchange for food instruments.

(b) A WIC vendor is not entitled to receive any compensation for revenues lost as a result of such violation.

(c) The department may impose a civil money penalty in lieu of a disqualification for this violation when the department determines that:

(1) disqualification of the WIC vendor would result in inadequate participant access; or

(2) the WIC vendor had, at the time of the violation, an effective policy and program in effect to prevent trafficking, and the ownership of the WIC vendor:

(A) was not aware of;

(B) did not approve of; and

(C) was not involved in;

the conduct of the violation.

410 IAC 3.6-4-1

Indiana State Department of Health; 410 IAC 3.6-4-1; filed Apr 24, 2006, 3:00 p.m.: 29 IR 2993; readopted filed Jul 12, 2012, 12:09 p.m.: 20120808-IR-410120265RFA

Readopted filed 9/26/2018, 2:48 p.m.: 20181024-IR-410180328RFA