Section 672.515 Vendor Rights Regarding Notice and Appeal

Section 672

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 initiating the process of repudiating the Vendor Contract

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) will 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 will be signed by the Secretary of

the Department or designee. The Secretary's decision stated in the written

notification may only be reversed by a subsequent decision or order by the

Secretary or designee pursuant to a hearing or settlement agreement.

4)         The appeal of an appealable action as set forth in subsection (c)

does not delay the sanction, the date of disqualification or date of

termination of the Vendor 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 Contract, whichever comes first.  Good cause may

be established by presenting compelling evidence that irreparable harm to the

vendor would outweigh 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 Vendor Contract with the Department, or to deny a

Vendor's application

pelling evidence that irreparable harm to the

vendor would outweigh 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 Vendor Contract with the Department, or to deny a

Vendor's application.  The following are not appealable by way of the

administrative hearing procedures set forth in Section 672.600 and the Vendor

has no right to a hearing regarding:

1)         expiration of a Vendor Contract;

2)         the Department's determinations regarding Participant access;

3)         disqualification of a Vendor as a result of disqualification

from SNAP ; or

4)         receipt of an administrative warning.