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Oklahoma Administrative Code (Last Updated: March 11, 2021) |
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TITLE 310. Oklahoma State Department of Health |
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Chapter 410. WIC |
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Subchapter 3. Vendor Management |
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Part 9. WIC VENDOR COMPLIANCE AND SANCTIONS |
SECTION 310:410-3-51. Violations
Latest version.
- (a) Violations shall be classified as either Class A violations, Class B violations, or Class C violations. Each class of violation is listed below.(b) Mandatory Vendor Sanctions(1) Class A violations:(A) A vendor convicted of trafficking in food benefits or selling firearms, ammunition, explosives, or controlled substances (as defined in section 102 of Controlled Substances Act (21 U.S.C. 802) in exchange for food benefits;(B) Permanent disqualification, disqualification or suspension from participation in the USDA SNAP, or imposition of a civil money penalty by the SNAP;(C) One incidence of buying or selling food benefits for cash (trafficking);(D) One incidence of selling firearms, ammunition, explosives, or controlled substances in exchange for food benefits;(E) One incidence of sale of alcohol or alcoholic beverages or tobacco products in exchange for food benefits;(F) A pattern of claiming reimbursement for sale of an amount of a specific WIC food item which exceeds the store's documented inventory of that WIC food item for a specific period of time;(G) A pattern of charging WIC participants, proxies, or department representatives more for WIC food than non-WIC customers, or charging more than the current shelf or agreement price;(H) A pattern of receiving, transacting and/or redeeming food benefits outside of authorized channels, including the use of an unauthorized vendor and/or an unauthorized person;(I) A pattern of charging for WIC food not received by the participant, proxy, or department representatives;(J) A pattern of providing credit or non-food items, other than alcohol, alcoholic beverages, tobacco products, cash, firearms, ammunition, explosives, or controlled substances as defined in 21 U.S.C. 802, in exchange for food benefits;(K) A pattern of providing unauthorized food items in exchange for food benefits, including charging for WIC food provided in excess of those listed on the food benefit;(c) State Vendor Violations(1) Class B violations:(A) Requiring a participant to select a different type or brand of WIC approved foods when not specified on the food instrument;(B) Failure to post current shelf prices for WIC approved foods;(C) Seeking restitution from WIC participants for food benefits not paid by the department or fines levied by the department, a financial institution, or the department's fiscal processor;(D) Failure to attend an annual retail vendor training program;(E) Refusing to allow participants, proxies or department representatives to take any food items listed on the food benefit;(2) Class C violations:(A) Failure to submit retail vendor price surveys requested by the department;(B) Failure to submit information requested by the department within the time period specified by the department.(C) Failure to maintain the minimum stock requirements as specified in the WIC vendor agreement, and/or having any expired WIC approved foods on the shelf.