410 IAC 3.6-4-1 Permanent disqualifications

Sec. 1. (a) The department shall permanently disqualify a WIC vendor convicted of either of the following: (1) Trafficking in food instruments. (2) Selling: (A) firearms; (B) ammunition; (C) explosives; or (D) controlled substances, as defined in Section 102 of the Controlled Substances Act (21 U.S.C. 802); in exchange for food instruments. (b) A WIC vendor is not entitled to receive any compensation for revenues lost as a result of such violation. (c) The department may impose a civil money penalty in lieu of a disqualification for this violation when the department determines that: (1) disqualification of the WIC vendor would result in inadequate participant access; or (2) the WIC vendor had, at the time of the violation, an effective policy and program in effect to prevent trafficking, and the ownership of the WIC vendor: (A) was not aware of; (B) did not approve of; and (C) was not involved in; the conduct of the violation.