OAR 333-054-0065: Farmer Disqualifications

(1) Farmers who do not comply with WIC program requirements are subject to sanctions, including civil penalties, in addition to, or in lieu of, disqualification. (2) Prior to disqualifying a farmer, the Authority may determine if disqualification of the farmer would result in inadequate participant access. If the Authority determines that disqualification of the farmer would result in inadequate participant access, the Authority may impose a CMP in lieu of disqualification in the amount of 5 percent of the farmer’s CVBs sales over the last twelve months or $250, whichever is greater. (3) The Authority must give written notice to a farmer of an action proposed to be taken against a farmer, not less than 15 days before the effective date of the action. The notice must state what action is being taken, the effective date of the action, and the procedure for requesting a hearing. (4) A farmer that has been disqualified from the WIC program may reapply at the end of the disqualification period. (5) The Authority may accept a farmer’s voluntary withdrawal from the program as an alternative to disqualification. If a farmer chooses to withdraw in lieu of disqualification, the farmer may not apply for participation until the following year. (6) The Authority will not reimburse farmers who have been disqualified or have withdrawn in lieu of disqualification. (7) Civil penalties must be paid to the Authority within the time period specified in the Notice. (8) A farmer who commits fraud or abuse of the WIC program is subject to prosecution under applicable federal, state or local laws.