TITLE 77: PUBLIC HEALTH
CHAPTER X: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER i: MATERNAL AND CHILD HEALTH
PART 672 WIC VENDOR MANAGEMENT CODE
SECTION 672.515 VENDOR RIGHTS REGARDING NOTICE AND APPEAL


 

Section 672.515  Vendor Rights Regarding Notice and Appeal

 

a)         Prior Warning:

The Department is not required to provide the Vendor with prior warning that violations were occurring before imposing sanctions pursuant to Section 672.505 or 672.510, or repudiating the agreement pursuant to Section 672.520.

 

b)         Advance Notification:

 

1)         The Department may take adverse action against a Vendor after providing 15-day advance notification, except that permanent disqualifications under Section 672.505(a) shall be effective on the date of receipt of notice of the administrative action.

 

2)         The written notification shall state the cause for the administrative action, its effective date and the procedures to file for an appeal of the action.

 

3)         The written notification shall be signed by the Secretary of the Department or his/her designee, and his/her decision therein may only be reversed by a subsequent decision or order by the Secretary or his/her designee pursuant to a hearing or settlement agreement.

 

4)         The appeal of an appealable action as set forth in Section 672.515(c) does not delay the sanction, the date of disqualification or date of termination of the contract except that upon showing of good cause the Vendor may be allowed to continue operating during the pending appeal for no more than 90 days from the date of request of an appeal, or until the expiration of the WIC Vendor Retail Agreement, whichever comes first.  Good cause may be established by presenting compelling evidence that irreparable harm to the vendor would out weigh the potential harm to the public and that violations of this Part would not occur during continued operation.

 

c)         Appealable Actions:

The Vendor may appeal the Department decision to disqualify or otherwise sanction a Vendor during the course of its agreement or contract with the Department, or to deny a Vendor's Application.  The following are not appealable by way of administrative review and the Vendor has no right to a hearing regarding:

 

1)         expiration of a Vendor contract or agreement;

 

2)         the Department's determinations regarding Participant Access;

 

3)         disqualification of a Vendor as a result of disqualification from the Food Stamp Program or other sanction in lieu of disqualification pursuant to Section 672.510(d); or

 

4)         receipt of an administrative warning.

 

(Source:  Amended by peremptory rulemaking at 30 Ill. Reg. 14602, effective September 1, 2006)