Title 902 | Chapter 018 | Regulation 071REG
PROPOSED
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CABINET FOR HEALTH AND FAMILY SERVICES
Department for Public Health
(Amended at ARRS Committee)
902 KAR 18:071.Participant access determination and civil money penalty.
Section 1.
Participant Access Determination.(1)
Except for a violation established(2)
Mileage shall be measured by automobile odometer or geomapping.(3)
The determination and documentation of adequate participant access shall be made based on if the sanctioned vendor(a)
1.
A metropolitan area, as defined by the U.S. Office of Management and Budget (OMB) Bulletin No. 23-012.
A nonmetropolitan area and there is another authorized vendor located within seven (7) miles of the sanctioned vendor;(b)
(c)
1.
Thea.
b.
c.
d.
e.
2.
If a sanctioned vendor meets the criteria for unique customers, the state WIC agency shalla.
Conditions exist thatb.
Crosswalks exist across multilane highways or railroad tracks if another authorized WIC vendor is located in a metropolitan area; orc.
An impassable mountain or an unbridged river would prevent travel if another authorized WIC vendor is located in a non-metropolitan area.(4)
If the WIC program determines there is adequate participant access, retailers shall be afforded the opportunity to submit written documentation providing evidence of the impact of the adverse action on WIC participants.(5)
If inadequate participant access is determined pursuant to subsection (3) of this section, a civil money penalty shall be assessed for a violation established(6)
The written documentation shall be received by the state WIC agency within fifteen (15) days from the date of receipt of the state WIC agency notification of disqualification. If the written documentation is not received within fifteen (15) days, further consideration shall not be given to participant access.(7)
Upon receipt and the review of the documentation, the WIC program shall send, within thirty (30) days, a written summary of the participant access review to the vendor. The vendor may then request a hearing. The hearing shall be in accordance with 902 KAR 18:081.Section 2.
Civil Money Penalty.(1)
The WIC program may negotiate an installment plan for the collection of a civil money penalty if requested by the vendor in writing prior to the payment due date.(2)
A vendor that fails to pay, partially pay, or timely pay a civil money penalty within the required time frame shall be disqualified for the length of time corresponding to the most serious violation.FILED WITH LRC: June 9, 2026
CONTACT PERSON: Krista Quarles, Policy Analyst, Office of Legislative and Regulatory Affairs, 275 East Main Street 5 W-A, Frankfort, Kentucky 40621; Phone: 502-564-7476; Fax: 502-564-7091; CHFSregs@ky.gov.
CABINET FOR HEALTH AND FAMILY SERVICES
Department for Public Health
(Amended at ARRS Committee)
902 KAR 18:071.Participant access determination and civil money penalty.
Section 1.
Participant Access Determination.(1)
Except for a violation established in 902 KAR 18:061, Section 1(1)(h) and (i), prior to disqualifying a vendor for a violation established in 902 KAR 18:061, the state WIC agency shall determine if disqualification of the vendor will result in inadequate participant access.(2)
Mileage shall be measured by automobile odometer or geomapping.(3)
The determination and documentation of adequate participant access shall be made based on if the sanctioned vendor(a)
Is located within:1.
A metropolitan area, as defined by the U.S. Office of Management and Budget (OMB) Bulletin No. 23-01, and there is another authorized vendor located within two (2) miles of the sanctioned vendor; or2.
A nonmetropolitan area and there is another authorized vendor located within seven (7) miles of the sanctioned vendor;(b)
Has redeemed food instruments for WIC nutritionals or exempt infant formula within thirty (30) days preceding the date of the letter issuing the notice of disqualification, and there is another authorized vendor within the designated mileage as established in paragraph (a) of this subsection that can supply the products which were previously redeemed; or(c)
Has redeemed food instruments from a minimum number of unique customers within thirty (30) days preceding the date of the letter issuing the notice of disqualification.1.
The minimum number of unique customers shall be calculated according to the vendor peer group system.2.
If a sanctioned vendor meets the criteria for unique customers, the state WIC agency shall determine if:a.
Conditions exist that would allow travel using public transportation to another authorized WIC vendor within the designated mileage in paragraph (a)1. of this subsection;b.
Crosswalks exist across multilane highways or railroad tracks if another authorized WIC vendor is located in a metropolitan area; orc.
An impassable mountain or an unbridged river would prevent travel if another authorized WIC vendor is located in a non-metropolitan area.(4)
If the WIC program determines there is adequate participant access, retailers shall be afforded the opportunity to submit written documentation providing evidence of the impact of the adverse action on WIC participants.(5)
If inadequate participant access is determined pursuant to subsection (3) of this section, a civil money penalty shall be assessed for a violation established in 902 KAR 18:061. The civil money penalty shall be calculated in accordance with 7 C.F.R. 246.12(l)(1)(x).(6)
The written documentation shall be received by the state WIC agency within fifteen (15) days from the date of receipt of the state WIC agency notification of disqualification. If the written documentation is not received within fifteen (15) days, further consideration shall not be given to participant access.(7)
Upon receipt and the review of the documentation, the WIC program shall send, within thirty (30) days, a written summary of the participant access review to the vendor. The vendor may then request a hearing. The hearing shall be in accordance with 902 KAR 18:081.Section 2.
Civil Money Penalty.(1)
The WIC program may negotiate an installment plan for the collection of a civil money penalty if requested by the vendor in writing prior to the payment due date.(2)
A vendor that fails to pay, partially pay, or timely pay a civil money penalty within the required time frame shall be disqualified for the length of time corresponding to the most serious violation.FILED WITH LRC: June 9, 2026
CONTACT PERSON: Krista Quarles, Policy Analyst, Office of Legislative and Regulatory Affairs, 275 East Main Street 5 W-A, Frankfort, Kentucky 40621; Phone: 502-564-7476; Fax: 502-564-7091; CHFSregs@ky.gov.