SECTION 310:410-3-53. Criteria for termination of authorization and fine assessment

(a)   A determination by the Commissioner of Health or designee to terminate authorization and impose a fine assessment shall be based upon a finding that one (1) or more of the following criteria are met:

(1)   the vendor has not met one (1) or more requirements of the USDA WIC Regulations or the provisions of this part;

(2)   the vendor has submitted false, erroneous, or inaccurate information on the application, in the business or financial information provided to the department, on the retail vendor price survey, or during the course of inspections of the vendor site;

(3)   the vendor has refused to allow the department access to inspect the vendor site during normal business hours;

(4)   the vendor has been found by the department to have violated provisions of this Chapter;

(5)   the vendor has submitted a Federal Employer's Identification Number (FEIN) for the business entity operating as a vendor which differs from the FEIN filed for the same business entity with the USDA SNAP, or with the Oklahoma Tax Commission;

(6)   the vendor has not fulfilled the terms of the WIC vendor agreement;

(7)   the vendor has sold, leased, or discontinued the business entity or moved the business entity to a new location or new address; or

(8)   the vendor corporation, partnership, or limited partnership has been voluntarily or involuntarily dissolved or the vendor sole proprietor has died.

(b)   In deciding upon the punishment to be imposed, the department or its designee shall take into consideration the nature of the offense alleged to have been committed, the evidence regarding deliberate, as opposed to inadvertent conduct, the number of previous violations committed by the vendor, and such other evidence as may be relevant to imposition of punishment.

[Source: Added at 10 Ok Reg 4203, eff 8-1-93 (emergency); Added at 11 Ok Reg 3823, eff 7-11-94; Amended at 22 Ok Reg 741, eff 5-12-05; Amended at 36 Ok Reg 1676, eff 9-13-19]