N.Y. Comp. Codes R. & Regs. tit. 10 § 60-1.9

Current through Register Vol. 46, No. 25, June 18, 2024

Section 60-1.9 - Local agency violation of the wic program

(a) A local agency shall be considered in violation of the WIC program if it:

(1) fails to submit to the department, obtain approval for, or fully implement a nutrition education plan;

(2) diverts money budgeted for administrative expenses to nonbudgeted administrative items;

(3) fails to monitor food vendors under contract at a frequency prescribed by the department;

(4) fails to submit reports as required by the department;

(5) fails to contract with a food vendor when directed to do so by the department; or

(6) otherwise does not comply with the terms of its agreement with the department.

(b) When a local agency is found in violation of the WIC program, it may be subject to one or more of the following penalties:

(1) reduction of reimbursement by 1/6 of the administrative budget for failure to fulfill its contractual responsibilities for nutrition education;

(2) reduction of reimbursement for costs of activities which were not authorized under the terms of the agreement with the State agency;

(3) a civil penalty of up to $1,000 per violation, pursuant to section 12 of the Public Health Law;

(4) termination of the agreement with the department; or

(5) any other penalty prescribed by the Public Health Law.

(c) No local agency may be disqualified from participation except on 60 days' written notice of the disqualification.

N.Y. Comp. Codes R. & Regs. Tit. 10 § 60-1.9