# 902 KAR 18:090: 902 KAR 18:090. High Risk Criteria

> Kentucky · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_KY_KAR_T902_C018_R090

## Section

- **Citation:** 902 KAR 18:090
- **Heading:** 902 KAR 18:090. High Risk Criteria
- **Jurisdiction:** Kentucky
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Kentucky Administrative Regulations / Title 902 (Cabinet for Health and Family Services - Department for Public Health) / Chapter 018 / 902 KAR 18:090

## Text

Section 1. High Risk Criteria. In accordance with 7 C.F.R. 246.12, high-risk vendors shall be identified at least once each federal fiscal year. The criteria and points established in this section shall be assessed. (1) A vendor with low variance, as defined by 902 KAR 18:011, Section 1, shall be assessed five (5) points per quarter. (2) A vendor who has greater than or equal to twenty (20) percent but less than fifty (50) percent of the vendor's quarterly WIC transactions ending in whole dollar amounts shall be assessed five (5) points per quarter. The transactions shall not include produce and formula. (3) A vendor who has greater than or equal to fifty (50) percent of the vendor's quarterly WIC transactions ending in whole dollar amounts shall be assessed ten (10) points per quarter. The transactions shall not include produce and formula. (4) A vendor in which six (6) or more gallons of milk were redeemed in a single transaction, occurring in thirty (30) or more transactions a quarter, shall be assessed five (5) points per quarter. (5) A vendor with full package redemptions in one (1) transaction occurring in twenty (20) or more transactions per quarter shall be assessed five (5) points per quarter. (6) A vendor shall be assessed ten (10) points for every overcharge letter unless the overcharge is justified in writing and accepted by the state WIC agency. (7) A vendor with a lack of inventory, as outlined in the Kentucky WIC Manual for Applying Retailers, incorporated by reference in 902 KAR 18:050, shall be assessed five (5) points per occurrence during a monitoring visit. (8) A vendor whose prices for transactions are greater than or equal to ninety (90) percent above the NTE shall be assessed five (5) points per quarter. (9) A vendor whose percentage of WIC sales to food sales is greater than twenty (20) percent shall be assessed five (5) points for every ten (10) percent increment per federal fiscal year
d five (5) points per occurrence during a monitoring visit. (8) A vendor whose prices for transactions are greater than or equal to ninety (90) percent above the NTE shall be assessed five (5) points per quarter. (9) A vendor whose percentage of WIC sales to food sales is greater than twenty (20) percent shall be assessed five (5) points for every ten (10) percent increment per federal fiscal year. (10) A vendor who has redeemed more than $2,000 in transactions per federal fiscal year from out of its contracted agency shall receive one (1) point per federal fiscal year. (11) A vendor who received a Good Letter with Exceptions shall be assessed five (5) points per letter. Section 2. High Risk Referrals. A vendor who is assessed thirty (30) points or more per federal fiscal year shall be referred to a federal, state, or local law enforcement agency for a compliance investigation.

## Nearby sections

- [902 KAR 18:011 902 KAR 18:011. Definitions for 902 KAR Chapter 18](https://www.frixlaw.com/law-library/statutes/STATE_KY_KAR_T902_C018_R011.md)
- [902 KAR 18:021 902 KAR 18:021. Eligibility, certification periods, and time frames for processing applicants](https://www.frixlaw.com/law-library/statutes/STATE_KY_KAR_T902_C018_R021.md)
- [902 KAR 18:031 902 KAR 18:031. Participant abuse](https://www.frixlaw.com/law-library/statutes/STATE_KY_KAR_T902_C018_R031.md)
- [902 KAR 18:040 902 KAR 18:040. Fair hearing procedures for participants](https://www.frixlaw.com/law-library/statutes/STATE_KY_KAR_T902_C018_R040.md)
- [902 KAR 18:050 902 KAR 18:050. Vendor Authorization Criteria](https://www.frixlaw.com/law-library/statutes/STATE_KY_KAR_T902_C018_R050.md)
- [902 KAR 18:061 902 KAR 18:061. Vendor violations and sanctions](https://www.frixlaw.com/law-library/statutes/STATE_KY_KAR_T902_C018_R061.md)
- [902 KAR 18:071 902 KAR 18:071. Participant access determination and civil money penalty](https://www.frixlaw.com/law-library/statutes/STATE_KY_KAR_T902_C018_R071.md)
- [902 KAR 18:081 902 KAR 18:081. Local agency and vendor hearing process and administrative appeal process](https://www.frixlaw.com/law-library/statutes/STATE_KY_KAR_T902_C018_R081.md)
- [902 KAR 18:090 902 KAR 18:090. High Risk Criteria](https://www.frixlaw.com/law-library/statutes/STATE_KY_KAR_T902_C018_R090.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_KY_KAR_T902_C018_R090. Check the current official text before relying on it. Not legal advice.