Women, Infants and Children (WIC) Program

Petitioner performed undercover compliance buys on four visits to Country Farms in March and April 2008, and found two different Class II violations of the WIC Vendor Agreement that trigger a mandatory three year disqualification from participation in the WIC Program. A Class IV violation was found on two of the visits with 20 sanction points imposed. Respondent questioned the reliability of the procedures involved in the compliance buys and claimed that at all times proper WIC check transactions were followed by the clerks during the transactions. This defense was found to be insufficient, and Petitioner's evidence is sufficient proof to support the two Class II and two Class IV violations of the WIC Vendor Agreement.

Affirms DPH's decision to terminate Petitioner's WIC vendor agreement for fiscal years 2007 through 2009 and to disqualify its owner and manager from participation in the WIC program for a period of three years as a consequence of multiple Class II, III and IV violations of the WIC vendor agreement.

Because the Department of Public Health has established a pattern of overcharging by Cloverdale Farms, Inc., the store, its owner, Ishtiaq Naqvi, and its manager, Zahid Mahmood, are disqualified from participating in the WIC program for three years.

The DPH has met its burden of proving by a preponderance of the evidence that the statutory and regulatory Class IV violations set forth in the April 9, 2008 Notice of Termination of the WIC Vendor Agreement and Disqualification From the WIC Program took place on February 11, February 26 and April 2, 2008.

Vendor agreement properly terminated where evidence established multiple Class II and Class IV violations.

Affirms denial of WIC vendor agreement on basis that Respondent failed to establish he had acquired the store, which had been disqualified from the WIC program, from the former owner in a bona fide arm's length transaction.

The Respondents, a WIC approved vendor, store owner, and manager violated the WIC Agreement and state and federal laws and regulations by overcharging and check typing on four separate occasions. In addition, the Respondents failed to post prices on all items and substituted unauthorized food products for authorized WIC products. The Respondents are disqualified from participation in the WIC Program for three years.

The respondents appeal a three-year disqualification from participation as a vendor in the WIC Program. The Department of Public Health's motion for summary decision is granted based on the respondents' admissions. Also, the Division of Administrative Law Appeals lacks authority to amend the sanction imposed by the WIC Program.

The Department of Public Health (DPH) was fully warranted in imposing the sanctions as outlined in the December 9, 2008 notice of termination of WIC Vendor Agreement in light of the fact that AA & AG Inc., d/b/a Liriano Market, has committed multiple Class II and Class IV Violations of the WIC Vendor Agreement which are serious and undermine the integrity of WIC Program

The petitioner demonstrated that M&M Seafood, Inc., its owners, officers, directors and manager should be disqualified from the Women, Infants and Children’s program (the “WIC Program”) for three years for a pattern of overcharging the WIC Program. The petitioner also proved that the respondents violated other provisions in the store’s WIC contract, including participating in activities of questionable business integrity and allowing a WIC participant to use WIC checks to buy unauthorized grocery items. The petitioner did not demonstrate that the respondents trafficked in WIC checks or that the company’s foreign corporation status had been revoked.

The Department of Public Health has met its burden of demonstrating that the Respondents violated the WIC Vendor Agreement with eight occurrences of Class II violations and six Occurrences of Class IV violations that resulted in the accrual of 60 Sanction Points. The Respondents are therefore disqualified from the WIC program for three years. A civil monetary penalty in lieu of disqualification is not available where there are Class IV violations.

Because the Department of Public Health has established a pattern of overcharging by S and N Enterprise d/b/a Stop and Go, the store and its owner, Mohammad Nusrat, are disqualified from participating in the WIC program for three years.

The respondents appeal a three-year disqualification from participation as a vendor in the WIC Program. The motion for summary decision filed by the Department of Public Health is granted based on the respondents' admissions. Also, the Division of Administrative Law Appeals lacks authority to amend the sanction imposed by the WIC Program.

WIC Vendor found in violation of the WIC Vendor Agreement for Class II and Class IV violations. The Vendor Agreement is terminated, and the WIC Vendor is disqualified from participating as a WIC Vendor for three years.

The DPH was justified in terminating the Vendor Agreement with Shoukat & Saeed, Inc. for a period of three years based on numerous violations of the Vendor Agreement. These violations included failing to follow WIC check pricing procedures and overcharging the WIC program

The WIC Vendor was found in violation of the WIC Vendor Agreement with Class II, III & IV level violations after four visits to the store by an undercover compliance buyer. The most serious violations were Class II for a pattern of overcharging the WIC program, and for submitting the full costs of each WIC check for full reimbursement instead of submitting the checks for only the actual costs of the items the undercover compliance buyer purchased. The Class III violation was selling a non-WIC item to the compliance buyer on three of the visits, and the Class IV violation was for improper pricing of WIC items.

Affirms termination of WIC Vendor Agreement based on Class II overcharge violations.

Because the Department of Public Health has established a pattern of overcharging by the Variety Store, the store and its owner, Mohammed Azam, are disqualified from participating in the WIC program for three years.