La. Admin. Code tit. 48 § V-4309

Current through Register Vol. 50, No. 11, November 20, 2024

Section V-4309 - WIC Participant Rights and Responsibilities/Notification/Fair Hearing

A. WIC Participant Rights and Responsibilities. All applicants shall read or have read to them the programs' rights and responsibilities statement, including the restriction of dual participation in the program. After reviewing the statement, all applicants shall sign attesting to have reviewed the statement.

B. Notification of Ineligibility. WIC participants found ineligible during a certification period shall be advised in writing of the ineligibility, the reasons for the ineligibility and of the right to a fair hearing.

C. Notification of Disqualification. WIC participants who are about to be disqualified from program participation during a certification period shall be advised in writing not less than 15 days before the effective date of disqualification, of the reasons for the disqualification and the right to a fair hearing.

D. Fair Hearing Procedures for WIC participants. LA WIC provides a hearing procedure through which any individual may appeal, within sixty days of the date of notification by LA WIC, an action which results in the denial of participation or the disqualification from LA WIC.

1. The hearing process is governed by the procedures set forth in the Administrative Procedure Act, R.S. 49:950 et seq., and as mandated by WIC federal regulations, 7 CFR part 246.

2. LA WIC shall not summarily deny or dismiss an appeal unless:

a. the request is withdrawn in writing by the appellant or legal representative of the appellant;

b. the appellant or legal representative fails, without good cause, to appear at the scheduled hearing; or

c. the appellant has been denied participation by a previous decision following a hearing and does not allege in the request for appeal that circumstances relevant to program eligibility have changed in such a way as to justify a new hearing.

3. LA WIC shall continue WIC benefits for a WIC participant whose participation has been terminated during a certification period if a request for an appeal is received within the 15 days of advance notification of disqualification. WIC benefits shall continue until the hearing officer reaches a decision or the certification period expires, whichever occurs first. Applicants who are denied WIC benefits at initial certification or because of the expiration of their certification may appeal the denial, but shall not receive WIC benefits while pending the hearing and decision of the hearing officer.

4. A WIC participant or representative may appeal the fair hearing decision through judicial review as provided for in the Louisiana Administrative Procedure Act.

La. Admin. Code tit. 48, § V-4309

Promulgated by the Department of Health and Human Resources, Office of Preventive and Public Health Services, LR 13:246 (April 1987), Amended by the Department of Health, Office of Public Health, LR 43336 (2/1/2017), Amended LR 491404 (8/1/2023).

AUTHORITY NOTE: Promulgated in accordance with R.S. 46:972.