Section DHS 149.12 - Civil money penalty in lieu of disqualification(1) Under s. DHS 149.10(2) to (4), if the state WIC office determines that disqualification of the authorized vendor would result in inadequate participant access, the state WIC office shall impose a civil money penalty in lieu of disqualification. A civil money penalty may not be imposed in lieu of a disqualification under s. DHS 149.10(1).(2) The state WIC office shall use the formula under 7 CFR 246.12 to calculate a civil money penalty imposed in lieu of disqualification for violations in s. DHS 149.10(2) to (4). The civil money penalty may not exceed $10,000 for each violation. When during the course of a single investigation the state WIC office determines a vendor has committed multiple violations, the state WIC office shall impose a civil money penalty for each of the violations, not to exceed $40,000 for a single investigation.(3) If a vendor does not pay, only partially pays, or fails to timely pay a civil money penalty, the state WIC office shall disqualify the vendor for the length of the disqualification corresponding to the most serious violation for which the civil money penalty was assessed.(4) The state WIC office may use installment plans for the collection of civil money penalties.(5) The state WIC office may double civil money penalties up to the limits allowed under sub. (2).(6) The state WIC office may not impose a civil money penalty in lieu of disqualification for third or subsequent violations that mandate disqualification.Wis. Admin. Code Department of Health Services DHS 149.12
CR 07-115: cr. Register June 2008 No. 630, eff. 7-1-08.