Section DHS 149.18 - Vendor and food distribution centers appeals(1)(a) A vendor or food distribution center may appeal an adverse action by requesting a hearing or an abbreviated review. Vendor appeals are governed by this section and 7 CFR 246.18, subch. III of ch. 227 and s. 253.06(6), Stats., and ch. HA 1.(b) Requests appealing an adverse action shall be in writing and shall be filed within 15 days after service of notice of the adverse action. A request shall be considered filed on the date of actual receipt by the agency, or the date of the postmark, whichever is earlier. A request filed by facsimile is complete upon transmission. If the request is filed by facsimile transmission and such transmission is complete between 5 p.m. and midnight, one day shall be added to the prescribed period.(2) REQUESTS FOR HEARING. Requests for an administrative hearing shall be filed with the department of administration's division of hearings and appeals. Note: Requests for an administrative hearing should be addressed to the Division of Hearings and Appeals, P.O. Box 7875, Madison, Wisconsin 53707-7875 or faxed to 608-264-9885. Requests may be delivered in person to that office at 5005 University Avenue, Room 201, Madison, Wisconsin.
(3) ACTIONS NOT SUBJECT TO APPEAL.(a) Expiration of a vendor's authorization.(b) The validity or appropriateness of the state WIC office's selection criteria.(c) The validity or appropriateness of the state WIC office's vendor peer group criteria.(d) The validity or appropriateness of the state WIC office's criteria used to identify a vendor that is an above-50-percent vendor or the criteria used to determine maximum allowable payment to an above-50-percent vendor.(e) The validity or appropriateness of the state WIC office's participant access criteria and the state WIC office's determination regarding participant access to WIC services.(f) The state WIC office's determination of whether a vendor had an effective policy and program in effect to prevent trafficking of WIC benefits and whether the vendor owner was involved in the conduct of the violation.(g) Denial of authorization if the state WIC office vendor authorization is subject to procurement procedures applicable to the state agency.(h) Disputes regarding WIC check payments and vendor claims, other than the opportunity as permitted by 7 CFR 246.12(k)(3) to justify or correct a vendor overcharge or other error.(i) Disqualification of an authorized vendor as a result of disqualification from the food stamp program.(4) ABBREVIATED REVIEW. (a) As an alternative to an administrative hearing, a vendor may request from the department an abbreviated review for any of the following actions taken by the state WIC office: 1. Denial of authorization based on a food stamp program disqualification or civil money penalty in lieu of disqualification from the food stamp program.2. Denial of authorization based on vendor selection criteria if the basis of the denial is a WIC vendor sanction or a food stamp program withdrawal of authorization or disqualification.3. Termination of the agreement because of a change in ownership or location or cessation of operations.(b) Requests for abbreviated review shall be filed with the state WIC office. Note: Requests for an abbreviated review should be addressed to the Wisconsin WIC Program Director, P.O. Box 2659, Madison, Wisconsin, 53701-2659, or faxed to 608-266-3125. Requests may be delivered in person to that office at 1 W. Wilson Street, Room 243, Madison, Wisconsin.
(c)1. A vendor request for an abbreviated review shall be in writing and include all of the following: a. The vendor's name and address.b. A description of the adverse action for which the vendor requests an abbreviated review.c. A specific description of the mistake in fact or law which the vendor contends constitutes reasonable grounds for reversing the decision of the state WIC office to deny an authorization or terminate an agreement. If the vendor asserts that a mistake in fact was made, the request shall include a concise statement of the essential facts which the vendor intends to establish at the review. If the vendor asserts a mistake in law was made, the request shall include a statement of the law upon which the vendor relies.2. The agency review shall be conducted by a decision-maker who is someone other than the person who rendered the initial decision on the action.3. The decision-maker's determination shall be based solely on whether the state WIC office correctly applied federal and state statutes, regulations, policies, and procedures governing the program, according to the information provided to the vendor in the notice of denial of authorization or termination of agreement and the vendor's response.4. If the designated decision-maker determines that a conference with the parties would assist in the completion of his or her review, the decision-maker may issue a notice of conference, prepared on forms prescribed by the department and including a description of conference procedures, and inviting the vendor and all other parties to participate. A conference may not be held without the consent of the vendor.5. The decision-maker shall issue written notification of the abbreviated review decision.6. The decision-maker's review decision shall constitute the agency's final decision. Review decisions shall include notice of a vendor's right to appeal the determination to circuit court.Wis. Admin. Code Department of Health Services DHS 149.18
CR 07-115: cr. Register June 2008 No. 630, eff. 7-1-08; correction in (1) (a) made under s. 13.92(4) (b) 7, Stats., Register July 2011 No. 667.