A. Administrative review for adverse actions 

The Missouri WIC program must impose sanctions, CMPs, denials of authorization, terminations or other adverse actions on retailers for noncompliance with federal and state statutes, regulations, policies and procedures governing the WIC program. When an adverse action is imposed, authorized WIC retailers may request an administrative review within 15 days. A uniform administrative review process evaluates the noncompliance and the adverse action applied. Based on the type of noncompliance, a full or abbreviated administrative review process will be completed. The administrative review process is outlined below.

B. Notification to retailers 

The Missouri WIC program will notify retailers in writing when the state agency imposes an adverse action. At a minimum, the notification will include: 

• The adverse action.
• The cause(s) for the adverse action.
• The effective date of the adverse action.
• The retailers’ right to request an administrative review and the procedures to request a review, including relevant time periods and deadlines.

C. Retailer administrative review request 

The retailer or applicant must provide the Missouri WIC program with a written request for an administrative review within 15 days of receipt of the notice of denial or other adverse action. The written request must describe the adverse action being appealed. The retailer or applicant must fully comply with all appeal processes or forfeit appeal rights. 

The Missouri WIC program may postpone the effective date of an adverse action until the decision of an administrative review is rendered. Requesting an administrative review does not relieve a retailer from the obligation to comply with the terms of all written agreements or contracts with the Missouri WIC program. The retailer is permitted to continue participating in the program while the review is pending. 

D. Failure to request an administrative review 

The retailer who fails to request an administrative review or does not make the request within the 15-day period may not contest the subsequent adverse actions taken by the Missouri WIC program.

F. Full administrative review

The retailer or applicant has the right to a full administrative review for the following adverse actions:

• Denial of authorization based upon:
  • Application of the retailer selection criteria for minimum variety and quantity of approved supplemental foods.
  • A determination that the retailer is attempting to circumvent an adverse action.
• Termination of an agreement for cause.
• Disqualification, except those disqualifications subject to abbreviated administrative review.
• Imposition of a fine or CMP instead of disqualification.

When a retailer or applicant has requested an administrative review for an adverse action requiring a full administrative review, the Missouri WIC program will provide the retailer with the following procedural information:

• No less than ten days' advance notice of the time and place of the administrative review so all parties can prepare for the review.
  • The opportunity to present its case and one opportunity to reschedule.
• The opportunity to cross-examine witnesses. A protective screen or other device may be used to protect the identity of WIC program investigators when necessary.
• The opportunity to be represented by counsel.
• The opportunity to call witnesses.
• The opportunity to examine the evidence causing the adverse action prior to the review.
• An impartial decision-maker to review whether the Missouri WIC program has correctly applied federal and state statutes, regulations, policies, and procedures.

G. Abbreviated administrative review

The retailer or applicant has the right to an abbreviated administrative review for the following adverse actions: 

• Denial of authorization based upon:
  • Denial of authorization based on retailer selection criteria for business integrity or for a current SNAP disqualification or CMP for hardship.
  • Denial of authorization based on the application of the retailer selection criteria for competitive pricing.
  • The application of the state agency retailer peer group criteria and the criteria used to identify retailers that are above-50-percent retailers or comparable to above-50-percent retailers.
  • Denial of authorization based on the state agency-established retailer selection criterion if the basis of the denial is a WIC retailer sanction or a SNAP withdrawal of authorization or disqualification.
  • Denial of authorization based on the state agency’s retailer limiting criteria (7 CFR 246.12(g)(2)).

The retailer or applicant has the right to an abbreviated administrative review for the following adverse actions: 

• Denial of authorization based upon:
  • Denial of authorization based on retailer selection criteria for business integrity or for a current SNAP disqualification or CMP for hardship.
  • Denial of authorization based on the application of the retailer selection criteria for competitive pricing.
  • The application of the state agency retailer peer group criteria and the criteria used to identify retailers that are above-50-percent retailers or comparable to above-50-percent retailers.
  • Denial of authorization based on the state agency-established retailer selection criterion if the basis of the denial is a WIC retailer sanction or a SNAP withdrawal of authorization or disqualification.
  • Denial of authorization based on the state agency’s retailer limiting criteria (7 CFR 246.12(g)(2)).
  • Denial of authorization because a retailer submitted its application outside the timeframes during which applications are being accepted and processed as established by the state agency under (7 CFR 246.12(g)(8)).
  • Termination of an agreement because of a change in ownership or location or cessation of operations (7 CFR 246.12(h)(3)(xvii)).
  • Disqualification based on a trafficking conviction (7 CFR 246.12(l)(1)(i)).
  • Disqualification based on the imposition of a SNAP civil money penalty for hardship (7CFR 246.12(l)(2)(ii)).
  • Disqualification or a civil money penalty imposed in lieu of disqualification based on a mandatory sanction imposed by another WIC state agency (7 CFR 246.12(l)(1)(iii)).
  • A civil money penalty imposed in lieu of disqualification based on a SNAP disqualification under 7 CFR 246.12(l)(1)(vii).
  • Denial of an application based on a determination of whether an applicant retailer is currently authorized by SNAP. 

When a retailer or applicant has requested an administrative review for an adverse action requiring an abbreviated administrative review, the Missouri WIC program will provide the retailer with the following procedural information: 

• No less than fifteen days to provide a written response to the adverse action.
• A decision-maker to use the available information to determine whether the Missouri WIC program has correctly applied federal and state statutes, regulations, policies and procedures governing the program. The decision-maker will be someone other than the person who made the initial decision on the action.

H. Final decision 

The Missouri WIC program will provide the retailer or applicant with written notification of the final decision within 90 days of receiving the retailer’s or applicant’s request for an administrative review. The timeframe is only an administrative requirement for the Missouri WIC program and does not provide a basis for overturning the program’s adverse action if a decision is not made within the specified timeframe. 

The Missouri WIC program is not responsible for losses incurred by the retailer due to disqualification or denial of an application to participate. Administrative review decisions are final. The retailer may pursue judicial review of the decision to the extent authorized by law if the administrative review decision upholds the adverse action. 

For more information on retailer appeals, refer to WIC retailer policy 7.1 Retailer Appeals.