N.M. Code R. § 7.31.2.15

Current through Register Vol. 35, No. 11, June 11, 2024

Section 7.31.2.15 - APPLICATION FOR AUTHORIZATION

Any owner of a full service grocery store or pharmacy in a fixed and permanent location in New Mexico that is open fully operational may request a vendor application from the State WIC office through December 31 and return the completed application packet to the State WIC office no later than January 31. Reapplying vendors may apply for reauthorization as a vendor by submitting an application to the State WIC Office during the month of July on forms provided by the office. Information provided in applications shall be accurate and complete. Applicants shall promptly provide additional information relating to the conditions of eligibility upon request by the State WIC Office. The State WIC Office may deny an application if false or incomplete information is submitted. Applications rejected as incomplete may be resubmitted within 15 days of the vendor's receipt of denial of its application. Failure to resubmit within this period may result in denial of authorization.

A. MINIMUM REQUIREMENTS: An application shall include at a minimum the following information:

(1) Sole Proprietors: the name and address of each owner and of each applicant location.

(2) Partnerships: the names and addresses of all general partners; the addresses of the principal and each subsidiary place of business; and of the New Mexico agent for service of process if a foreign partnership.

(3) Corporations: the name of the corporation; the addresses of its principal and each subsidiary place of business; and of the New Mexico agent for service of process if a foreign corporation.

(4) The square footage of each applicant location.

(5) The annual gross receipts for applicant sales separated into food and non-food categories.

(6) The applicant's Federal Food Stamp Authorization Number.

(7) A description of the applicant's participation in Food and Consumer Service Programs of the USDA.

(8) A detailed description of each instance in which the applicant or its owners or managers have been suspended or disqualified from the WIC, Food Stamp, or other USDA Food and Consumer Service Programs.

(9) The applicant's state tax identification number.

(10) The applicant's federal tax identification number.

(11) An identification by types and non-sale prices of all authorized WIC foods and/or infant formulas on shelves or in the coolers in customer areas of each applicant location on the date of the application.

(12) All other information as requested on the application form, or by the State WIC Office upon request.

B. REVIEW OF APPLICATIONS:

(1) New applicants. The State WIC Office shall either approve or deny a completed application for initial authorization within 60 days of receipt or of the date the vendor opens to the public for business, whichever is later.

(2) Reapplying vendors. Applications for continued authorization shall be the same as those for new applicants, except that the State WIC Office may, in its discretion, waive the requirement of a site visit. The State WIC Office shall either approve or deny a completed application for continued authorization within 90 days of receipt.

(3) Approved applications. If the application for a new applicant is approved, a signed agreement, vendor stamp, sign and a New Mexico Non-Taxable Transaction Certificate shall be furnished to the vendor. If the application is approved for a reapplying vendor, a signed agreement is furnished to the vendor.

(4) Duration of Authorization. All authorizations shall expire on September 30 of the second calendar year of each two year agreement period regardless of when initial authorization was granted. A new application shall be submitted for each two year agreement period during the month of July of the second calendar year of the current two year agreement period.

(5) Resubmission of applications. If an application for authorization is denied, the applicant may resubmit its application following correction of the deficiency(ies) which resulted in the denial, except that an applicant who furnishes false or misleading information in an application shall not reapply until the next new vendor application period. The State WIC Office may deny resubmitted applications if requirements have not been met by the second site visit, or if the basis for the initial denial was unfavorable history with other USDA Food and Consumer Service Programs.

C. PREAUTHORIZATION SITE VISITS: All site visits may be announced or unannounced.

(1) New applicants. A site visit shall be required for all new applicants. The State WIC Office shall not be required to make more than two pre-authorization site visits per applicant per 12 month period.

(2) Reapplying vendors. A site visit may be made to verify the existing conditions at reapplying vendors. The State WIC Office shall not be required to make more than two pre-authorization site visits per applicant per 12 month period.

D. GROUNDS FOR DENIAL OF AUTHORIZATION: Grounds for selection are set forth in 7.31.2.11 NMAC. In addition, authorization may be denied for reasons including, but not limited to, the following, if at the time of the site visit or application:

(1) The applicant does not have WIC foods and/or infant formulas meeting the minimum stock and variety requirements on shelves or in coolers in the customer area;

(2) Prices are not marked on food or infant formula containers, or otherwise posted in the immediate area where the foods or infant formulas are kept in the customer area of the store;

(3) Prices are substantially different from those listed on the food price record or the special infant formula price record;

(4) The applicant is in violation of applicable federal, state or local health protection laws or ordinances;

(5) Authorized foods and/or infant formulas are older than the expiration date indicated on the package, or are otherwise not fresh;

(6) It is determined that the applicant provided false or misleading information on the application.

(7) The applicant has an unfavorable history with the Food Stamp Program or other USDA Food and Consumer Service Programs.

E. SUSPENSION OR TERMINATION OF AUTHORIZATION: As set forth more specifically in 7.31.2.20 NMAC, below, the State WIC Office may suspend or terminate a vendor's authorization at any time during the agreement period, and may deny renewal of authorization for failure to comply with program requirements.

N.M. Code R. § 7.31.2.15

8-30-89, 10-31-96; 7.31.2.15 NMAC - Rn, 7 NMAC 31.2.15, A, 5-31-2000