SECTION 31.28. Notification to Each Participant of Termination of Certification

(a) Participants whose certification in the WIC Program is terminated for program abuse, funding shortages which require that client caseloads be decreased, or a determination that the participant's income exceeds WIC Program eligibility limits, shall be notified 15 days in advance of the date of disqualification. Such notification shall be in writing and shall include the reason for disqualification and a statement of the participant's right to a fair hearing.

(b) If the disqualification is the result of funding shortages as determined by the state agency, the written disqualification notice shall include the categories and priorities of participants being terminated.

(c) If the participant's income is found to exceed WIC Program eligibility limits due to an assessment of income eligibility during a certification period, the participant shall be issued one month of food instruments at the time it is determined a reassessment is necessary. The participant shall be required to present current documentation of continuing income eligibility at the next visit. If the participant also is determined ineligible at the next visit, the individual shall be terminated for exceeding the income limits.

Source Note: The provisions of this §31.28 adopted to be effective August 5, 2001, 26 TexReg 5642; amended to be effective June 4, 2006, 31 TexReg 4428