Administrative Review of State Agency Actions


  1. 1. Types of Administrative Reviews
  2. 2. Administrative Review Procedures

1. Types of Administrative Reviews

The State agency conducts the following types of administrative reviews of vendor appeals for the adverse actions listed below. (Check all that apply):

Informal
Desk
Reviews
Abbreviated
Admin.
Reviews
Full
Admin.
Reviews
Denial due to competitive price or minimum stocking selection criterion Checked
Denial due to business integrity or current FSP DQ or CMP Checked
Denial based on limiting criteria Checked
Denial due to State agency selection criteria Checked
Denial due to application outside timeframe Checked
Denial because the vendor is expected to be an above-50-percent vendor
DQ for WIC violations Checked
DQ for Food Stamp Program DQ
DQ for Food Stamp Program CMP
Other WIC Sanctions, e.g., fine or CMP Checked
Termination of vendor agreement for cause Checked

ADDITIONAL DETAIL: Vendor Management Appendix VMC 672.220,672,225. Denial outside of time frame technically does not apply exept that we restart process if an applicant drags feet. and/or Procedure Manual (cite):

2. Administrative Review Procedures

  1. The State has a law or regulation governing WIC administrative reviews
    • Yes - Checked
    • No
    • If the State does have such a law or regulation, this includes:
      • State Administrative Procedures Act - Checked
      • State law pertaining to WIC only - Checked
      • State health department law
      • State health department regulation
      • State WIC regulation - Checked
      • Other (specify):
  2. At which level do administrative reviews of WIC vendor appeals take place:
    • WIC local agency
    • WIC State agency - Checked
    • State health department
    • Other (specify):
  3. Administrative reviews are conducted by:
    • Hearing officers
    • Administrative law judges - Checked
    • Other (specify):
  4. The following procedures are followed for administrative reviews:
    • Opportunity for vendor to examine evidence prior to review - Full Admin. Review
    • Opportunity for vendor to reschedule review date - Full Admin. Review
    • Opportunity for vendor to present its case - Full Admin. Review
    • Opportunity for vendor to be represented by counsel - Full Admin. Review
    • Opportunity for vendor to present witnesses- Full Admin. Review
    • Opportunity for vendor to cross-examine witnesses - Full Admin. Review
    • Presence of a court reporter or stenographer - Full Admin. Review
    • An impartial decision-maker, whose decision is based - Full Admin. Review
    • solely on whether the State agency correctly applied Federal and State statutes, regulations, policies, procedures- Full Admin. Review
    • A written decision within 90 days from request for review - Full Admin. Review
    • Other (specify):
  5. Check the party(ies) below who may present the State agency case during a full administrative review:
    • WIC staff person assigned to case - Checked
    • WIC State agency vendor manager - Checked
    • WIC State agency director
    • Legal counsel (State Attorney General or General Counsel's office) - Checked
    • Legal counsel (paid by WIC Program funds) - Checked
    • Other (specify):

Please attach and/or reference the location the State agency's administrative review procedures.

ADDITIONAL DETAIL: Vendor Management Appendix and/or Procedure Manual (cite):