Section 22-12C-1 Definitions. For the purpose of this chapter, the following words shall have the following meanings unless the context clearly indicates otherwise: (1) LOCAL AGENCY. A private, nonprofit health agency that provides program services in a designated area by written agreement with the State Board of Health. (2) PARTICIPANT. A certified pregnant, postpartum, or […]
Section 22-12C-2 Adoption of rules; application of Alabama Administrative Procedure Act. (a) The State Board of Health may promulgate and adopt rules it deems necessary to carry out its responsibilities under this chapter and under relevant federal laws and regulations pursuant to the Alabama Administrative Procedure Act (§41-22-1, et seq.). The rules shall have the […]
Section 22-12C-3 Procedures for investigations, sanctions, penalties and contract terminations. The State Board of Health may establish procedures for investigations, sanctions, penalties, and contract terminations for private nonprofit local agencies, WIC Program food vendors, suppliers, distributors, wholesalers, manufacturers, or participants in accordance with relevant federal regulations. (Acts 1993, No. 93-642, p. 1100, §3.)
Section 22-12C-4 Collection of erroneously paid moneys; collection costs recoverable. (a) The State Board of Health may recover moneys erroneously paid to private nonprofit local agencies, WIC Program food vendors, suppliers, distributors, wholesalers, manufacturers, or participants. (b) The board may file an action in any district or circuit court to collect the sum upon refusal […]
Section 22-12C-5 Probation or civil monetary penalties for food vendors; mitigation or settlement of adverse action. (a) The State Board of Health may establish procedures to administer probation or civil monetary penalties, or both, to WIC Program food vendors. If probation is imposed, the vendor shall be informed that any violation of the WIC Program […]
Section 22-12C-6 Designated account for monetary penalties or overcharges collected; expenditure of sums. (a) A civil monetary penalty or overcharge collected by the State Board of Health shall be deposited in a dedicated account designated by the board to be used in the administration of the WIC Program. (b) A civil penalty or overcharge collected […]
Section 22-12C-7 Fraud or abuse as a misdemeanor; fraud defined. (a) Any person who obtains WIC Program benefits for himself or herself or for another by fraud or abuse or anyone who otherwise defrauds or abuses the WIC Program shall be guilty of a Class A misdemeanor, and, upon conviction, shall be punished as prescribed […]
Section 22-12C-8 Appeal of adverse action; conflict with federal law. A decision of the State Board of Health imposing any adverse action may be appealed pursuant to the Alabama Administrative Procedure Act. If there is a conflict between the provisions relating to penalties and the conduct of administrative hearings under this chapter and federal law, […]
Section 22-12C-9 Cumulation of penalties. The administrative, civil, and criminal remedies and penalties in this chapter are cumulative, and the use by the State Board of Health of one remedy shall not preclude the use by the board of any other remedy based upon the same incident or occurrence. (Acts 1993, No. 93-642, p. 1100, […]
