Okla. Admin. Code § 310:410-3-51

Current through Vol. 42, No. 7, December 16, 2024

Section 310:410-3-51 - Violations

(a) Violations shall be classified as either Class A violations, Class B violations, or Class C violations. Each class of violation is listed below.

(b)Mandatory Vendor Sanctions

(1) Class A violations:

(A) A vendor convicted of trafficking in food instruments or selling firearms, ammunition, explosives, or controlled substances (as defined in section 102 of Controlled Substances Act ( 21 U.S.C. 802 )) in exchange for food instruments;

(B) Permanent disqualification, disqualification or suspension from participation in the USDA Food Stamp Program, or imposition of a civil money penalty by the Food Stamp Program;

(C) One incidence of buying or selling food instruments for cash (trafficking);

(D) One incidence of selling firearms, ammunition, explosives, or controlled substances in exchange for food instruments;

(E) One incidence of sale of alcohol or alcoholic beverages or tobacco products in exchange for food instruments;

(F) A pattern of claiming reimbursement for sale of an amount of a specific WIC food item which exceeds the store's documented inventory of that WIC food item for a specific period of time;

(G) A pattern of charging WIC participants, proxies, or department representatives more for WIC food than non-WIC customers, or charging more than the current shelf or agreement price;

(H) A pattern of receiving, transacting and/or redeeming food instruments outside of authorized channels, including the use of an unauthorized vendor and/or an unauthorized person;

(I) A pattern of charging for WIC food not received by the participant, proxy, or department representatives;

(J) A pattern of providing credit or non-food items, other than alcohol, alcoholic beverages, tobacco products, cash, firearms, ammunition, explosives, or controlled substances as defined in 21 U.S.C. 802, in exchange for food instruments;

(K) A pattern of providing unauthorized food items in exchange for food instruments, including charging for WIC food provided in excess of those listed on the food instrument;

(c)State Vendor Violations

(1) Class B violations:

(A) Failure to maintain the minimum stock requirements as specified in the WIC vendor agreement, and/or having any expired WIC approved foods on the shelf;

(B) Requiring a participant to select a different type or brand of WIC approved foods when not specified on the food instrument;

(C) Failure to post current shelf prices for WIC approved foods;

(D) Accepting any remuneration for the difference between the maximum value of the food instrument and the shelf price of the WIC approved foods;

(E) Seeking restitution from WIC participants for food instruments not paid by the department or fines levied by the department, a financial institution, or the department's fiscal processor;

(F) Failure to attend an annual retail vendor training program;

(G) Refusing to allow participants, proxies or department representatives to take all food items listed on the food instrument;

(H) Altering or submitting for payment altered food instruments;

(I) Acceptance of a food instrument that was signed by the participant, proxy, or department representative before the total actual cost was filled in by the vendor.

(2) Class C violations:

(A) Failure to submit retail vendor price surveys requested by the department;

(B) Failure to submit information requested by the department within the time period specified by the department.

(C) Failure to utilize OSDH supplied shelf talkers to identify WIC approved foods.

Okla. Admin. Code § 310:410-3-51

Added at 10 Ok Reg 4203, eff 8-1-93 (emergency); Added at 11 Ok Reg 3823, eff 7-11-94; Amended at 16 Ok Reg 2505, eff 6-25-99; Amended at 17 Ok Reg 1600, eff 5-25-00; Amended at 22 Ok Reg 741, eff 5-12-05