Vendor’s Right to Administrative Review Sample Clauses

Vendor’s Right to Administrative Review. 1.1 The Local Agency and/or State Agency shall provide written notice of any adverse action taken against a vendor. The notice shall specify the action being taken, the effective date of the action, the reasons for the action, and explain the vendor's right to and the procedures to follow to obtain an administrative review. Notice must be given prior to any adverse action being taken, with the exception of disqualification due to conviction of trafficking WIC electronic benefit transactions. 1.2 A vendor wishing to request an administrative review of an adverse action shall submit a written request via U.S. Mail or FAX for a review of the action. The written request must be made within fifteen (15) days of receipt of the notice of adverse

Vendor’s Right to Administrative Review a) The Local Agency and/or State Agency must provide written notice of any adverse action taken against a vendor. The notice must specify the action being taken, the effective date of the action, the reasons for the action, and explain the vendor's right to and the procedures to follow to obtain an administrative review. Notice must be given prior to any adverse action being taken, with the exception of disqualification due to conviction of trafficking WIC food instruments. b) A vendor wishing to appeal an adverse action must submit (via U.S. Mail or FAX) a written request for a review of the action. The request must be made within fifteen (15) days of receipt of the notice of adverse action. The request for a review must include a summary of the reasons for appealing the action. Requests for appeal shall be addressed to Director, KDHE Nutrition and WIC Services, 0000 XX Xxxxxxx St., Suite 220, Topeka, Kansas 66612-1274. c) Appealing an action does not relieve the food vendor of responsibility for continued compliance with the terms of any written agreement or contract with the State Agency or Local Agency. Participating vendors who are disqualified from the program must reapply for authorization to participate. Applicants who are denied participation at application may appeal the denial, but shall not participate in the program while awaiting the decision. d) The State agency shall not deny or dismiss a request for an administrative review unless: i) The request is not received in writing by the State within the time limit of 15 days from receipt of the notice of adverse action. ii) The request is withdrawn in writing by the appellant or a representative. iii) The appellant or a representative fails, without good cause, to appear at the scheduled hearing. iv) The request for review is regarding an adverse action that is not subject to administrative review. e) When a vendor is disqualified due in whole or in part to violations in 7 CFR 246.12(l)(1), such notification must include the following statement: “This disqualification from WIC may result in disqualification as a retailer in the Food Stamp Program. Such disqualification is not subject to administrative or judicial review under the Food Stamp Program.”