Current through Register Vol. 35, No. 11, June 11, 2024
Section 7.31.2.21 - DURATION OF SANCTIONSA. DISQUALIFICATION: A vendor may be disqualified from the program for state agency violations_for a period of time not to exceed one year per investigation, or for such shorter periods of time as are deemed reasonable and appropriate by the State WIC Office to the nature and severity of the offense. The exception to this are the time periods for the federally mandated sanctions which shall control for federal violations: (1) A vendor shall be permanently disqualified for violation of sub-paragraph (s) of paragraph (1) of sub-section B of 7.31.2.20 NMAC.(2) A vendor shall be disqualified for 6 years for violation of sub-paragraph (t) of paragraph (1) of sub-section B of 7.31.2.20 NMAC.(3) A vendor shall be disqualified for 3 years for any of the violations listed in sub-paragraphs (u) through (z) of paragraph (1) of sub-section B of 7.31.2.20 NMAC.(4) A vendor shall be disqualified for one year for violation of sub-paragraph (aa) of paragraph (1) of sub-section B of 7.31.2.20 NMAC.(5) For any of the violations listed in sub-paragraphs (t) through (aa) of paragraph (1) of sub-section B of 7.31.2.20 NMAC, a vendor shall receive double the sanction for a second occurrence of any violation listed, except that a Civil Monetary Penalty (CMP) may only be doubled up to the amounts allowed in sub-section B of 7.31.2.22 NMAC.(6) For any of the violations listed in sub-paragraph (t) through (aa) of paragraph (1) of sub-section B of 7.31.2.20 NMAC, a vendor shall receive double the sanction for a third or subsequent occurrence of any violation, except that a Civil Monetary Penalty (CMP) shall not be imposed in lieu of disqualification.(7) For multiple violations investigated as part of a single investigation, the State WIC Office shall disqualify the vendor for the period corresponding to the most serious federal violation. All violations shall be included in the notice of federally mandated administrative action. If a sanction is not upheld on appeal, then the State WIC Office may impose a state agency established sanction.B. SUSPENSION OF VENDORS: A vendor may be suspended from the program for a period of time not to exceed one year, or for such shorter periods of time as are deemed reasonable and appropriate by the State WIC Office to the nature and severity of the offense.C. VOLUNTARY WITHDRAWAL: The state shall not accept voluntary withdrawal or non-renewal of the vendor agreement as an alternative to disqualification for violations listed in sub-paragraph (s) through (aa) of paragraph (1) of sub-section B of 7.31.2.20 NMAC.D. DENIAL OF REPLACEMENT OF FOOD INSTRUMENTS: The State WIC Office may deny replacement of a vendor's submitted food instruments for a period of time not to exceed six months, or for such shorter periods of time as are deemed reasonable and appropriate by the State WIC Office to the nature and severity of the offense.E. DENIAL OF REDEMPTIONS: Food instruments denied for redemption shall be permanently voided and shall not be paid or replaced at any time.8-30-89, 10-31-96, 10-31-96; 7.31.2.21 NMAC - Rn, 7 NMAC 31.2.21, A, 5-31-2000