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246-790-550  <<  246-790-560 >>   246-790-570

PDFWAC 246-790-560

Participant disqualification.

(1) In addition to the disqualifications set forth in the table under WAC 246-790-530, whenever the department assesses a claim under WAC 246-790-550 of one hundred dollars or more, or assesses a second or subsequent claim of any amount resulting from a participant violation, the department must disqualify the participant for one year. In addition, a claim may be assessed for misuse of WIC/FMNP benefits. Dual participation violations will result in disqualification regardless of claim amount.
(2) The department will count any violation occurring within the consecutive twelve-month period following the first notice of violation as a second or subsequent violation. Second or subsequent violations do not have to be for the same violation type.
(3) The department will count any second or subsequent violation as a second or subsequent violation even if:
(a) Another member of the WIC participant's household commits the violation; or
(b) The violation affects the WIC benefits of another WIC participant in the same household.
(4) The department shall provide a written notice to the WIC participant describing the violations and specifying the sanction.
(5) For a violation involving a claim, the department may decline to impose a disqualification if the WIC participant makes full restitution, or agrees to a repayment schedule, within thirty days of the date the notice of disqualification was sent.
(6) Where a parent or caregiver of an infant or child participant or a WIC participant under the age of eighteen has committed a violation, the department must consider designating a substitute caregiver to continue providing WIC benefits to the participant.
(7) Participants my reapply for benefits at any time after the end of the disqualification period.
[Statutory Authority: RCW 43.70.120. WSR 18-23-080, § 246-790-560, filed 11/19/18, effective 12/20/18; WSR 17-08-020, § 246-790-560, filed 3/27/17, effective 4/27/17.]
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