Section 640. Civil monetary penalties

A. A CMP may be assessed for documented state agency and federally mandated violations (7 CFR 246.12).

B. The state agency uses a federally mandated formula to calculate both state and federally mandated CMPs that are assessed. The maximum civil monetary penalty assessed shall comply with federal requirements as outlined in 7 CFR 246.12. The state agency cannot make any reductions to the maximum CMP amount due for federally mandated violations because this formula is defined in federal regulations.

C. The same formula shall be used to calculate the civil monetary penalty for retailers retained in lieu of disqualification due to documented state agency sanctions. For state agency violations only, the state WIC director of his designee has the authority to reduce or waive the penalty amount being assessed against the retailer. The state agency must document in its records the specific factors supporting this administrative decision.

D. A CMP may be paid in a lump sum or through an agreed installment plan. Failure of the authorized retailer to pay any scheduled installments in a timely manner shall lead to the retailer's disqualification for the original disqualification period.

E. Payments shall be made by certified check, cashier check, or money order. Payments shall be made out to the Virginia WIC Program and mailed to the address identified on the penalty fine statement.

F. The state agency shall process all past due obligations including administrative fines, retailer claims, civil monetary penalties, or overcharge repayments assessed against authorized retailers in accordance with the Office of the Comptroller's Policies and Procedures, Section Number 205000 (Accounts Receivable), dated June 2004. The state agency shall also process all past due financial obligations in accordance with the Virginia Debt Collection Act (§ 2.2-4800 et seq. of the Code of Virginia).

G. The state agency shall notify the Supplemental Nutrition Assistance Program in writing within 15 calendar days after assessing a CMP against an authorized retailer being retained in lieu of disqualification.

Historical Notes

Derived from Volume 24, Issue 19, eff. May 26, 2008; amended, Virginia Register Volume 25, Issue 22, eff. July 6, 2009; Volume 29, Issue 12, eff. March 13, 2013.

Statutory Authority

§ 32.1-12 of the Code of Virginia; 7 CFR Part 246.