TITLE 77: PUBLIC HEALTH
CHAPTER X: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER i: MATERNAL AND CHILD HEALTH
PART 672 WIC VENDOR MANAGEMENT CODE
SECTION 672.520 BREACH OF CONTRACT


 

Section 672.520   Breach of Contract

 

a)         Upon determination by the Department that a substantial breach of contract has been committed by a Vendor, the Department shall repudiate its contract with the Vendor and terminate the Vendor Authorization.

 

b)         Any repudiation of the contract by the Department and resultant termination of the Retail Vendor Contract will take effect only after the Vendor receives 15-day advance written notification of the adverse action, the causes for and effective date of such action.

 

c)         The sale, lease, or cessation of business at the location authorized by the WIC Vendor Contract shall void the Vendor Contract.  Also, should the vendor qualify as a fifty percent vendor during the period of the Contract, the Vendor Contract shall become void.  If the Department determines that a vendor qualifies as a fifty percent vendor during the Contract, it will give the vendor fifteen days notice of the determination and declare the contract void.  The vendor may reapply for WIC approval ninety days after the notice by showing that the business model has changed and that it will not be a fifty percent vendor.  Upon approval by the Department, the contract may be reinstated.  The vendor may appeal a determination made during the contract that it is a fifty percent vendor pursuant to Section 672.600, but the appeal will not delay the above action.

 

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