SECTION 310:410-3-10. Participant distribution and number of vendors  


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  • (a)   Upon receipt of the application, the department shall utilize participant/vendor ratios and shall consider participant needs within geographical locations to determine if the applicant meets the county participant/vendor ratio to be eligible for selection.
    (b)   The participant/vendor ratio shall be calculated for the counties within the state of Oklahoma to determine the need for WIC retail vendors within such counties.
    (1)   The counties will be divided into two classifications:
    (A)   Urban Counties - Counties that have towns/cities located within their boundaries with a population of or 20,000 greater. The following counties are considered urban counties:
    (i)   Canadian
    (ii)   Carter
    (iii)   Cleveland
    (iv)   Comanche
    (v)   Garfield
    (vi)   Jackson
    (vii)   Kay
    (viii)   Muskogee
    (ix)   Oklahoma
    (x)   Payne
    (xi)   Pottawatomie
    (xii)   Stephens
    (xiii)   Tulsa
    (xiv)   Washington
    (B)   Rural Counties - Counties that have towns/cities located within their boundaries with a population of less than 20,000 or consist of sparsely populated areas. All counties not listed in (A) of this paragraph as urban counties are considered rural counties.
    (2)   Participant/vendor ratios for the counties within Oklahoma shall be:
    (A)   Urban Counties - Greater than 200:1
    (B)   Rural Counties - Greater than 150:1
    (3)   If an applicant applies for WIC authorization in a county which exceeds the maximum participant/vendor ratio, the application shall be denied. An exception shall be granted when the applicant's charges to the department or shelf price, whichever is lower, for WIC approved foods are at least five percent (5%) below the department's statewide average cost, and the applicant agrees to maintain these charges to the department at such level during the period of authorization or until the distance is such participant's access is restricted or the county becomes unsaturated.
[Source: Added at 10 Ok Reg 4203, eff 8-1-93 (emergency); Added at 11 Ok Reg 3823, eff 7-11-94; Added at 16 Ok Reg 2505, eff 6-25-99; Amended at 22 Ok Reg 741, eff 5-12-05; Amended at 25 Ok Reg 870, eff 5-11-08; Amended at 36 Ok Reg 1676, eff 9-13-19]