SECTION 31.29. Applicant and Participant Rights

(a) Standards used for determining eligibility and participation in the WIC Program shall be applied equally to all persons regardless of sex, age, disability, race, color, or national origin.

(b) At the time of denial of participation or disqualification from the WIC Program, each individual shall be informed in writing of the right to a fair hearing and of the method by which a fair hearing may be requested.

(1) Any individual has the right to appeal a state agency or local agency action which results in the individual's denial of participation in or termination from the WIC Program or the assessment of an administrative claim against the individual for repayment of the cash value of improperly issued benefits.

(2) An individual may make an oral or written request for a fair hearing.

(3) The oral or written request shall be made within 60 days of the date the state agency mails or gives the applicant or participant the written notice of adverse action.

(4) Participants who appeal termination during a certification period and who appeal within 15 days of the date of notification of the termination, shall continue to receive WIC Program benefits until a hearing decision is reached or the certification period ends. An appeal after the 15-day time limit shall not result in continued benefits.

(5) Applicants who are denied participation in the WIC Program at the initial certification determination or a subsequent certification determination may appeal the denial but shall not receive program benefits while the appeal is pending.

(6) The hearing shall be scheduled within three weeks from the date the request is received.

(7) The convenience of the appellant will be considered in the selection of the time and place of the hearing.

(8) An impartial hearing official who did not participate in the decision under appeal shall be designated to conduct the hearing.

(9) The appellant may be represented by an attorney or other person and shall have the right to examine, prior to the hearing, the documents and records presented in support of the decision under appeal.

(10) During the hearing, the appellant shall have the opportunity to question or refute any testimony or other evidence and to confront and cross-examine witnesses.

(11) The decision of the hearing official shall be based on oral and documentary evidence presented at the hearing.

(12) The appellant and any designated representative shall be notified in writing of the hearing official's decision within 45 days from the date of the request for the hearing.

(13) If the hearing decision is in favor of the appellant and benefits were discontinued or denied, benefits shall begin immediately.

(14) If the hearing decision regarding suspension or disqualification from the WIC Program is in favor of the state agency, any benefits which were continued pending the outcome of the hearing decision shall be terminated by the local agency as soon as is administratively feasible.

(15) If the hearing decision regarding the assessment of a claim against the appellant is in favor of the state agency, the state agency shall resume its efforts to collect the claim.

(c) The state agency shall process complaints upon receipt from individuals who feel they have been treated unfairly or who have any other type of complaint about local agency actions or WIC Program policies and procedures.

(1) Complaints may be presented either orally or in writing to the state agency.

(2) The state agency shall document, to the extent possible, the name, address, and telephone number of the complainant; the specific location and name of the entity delivering services; the nature of the incident or action that led to the complaint; the names, titles, and business addresses of persons who may have knowledge of the complaint; and the date(s) during which the alleged actions occurred, or if continuing, the duration of such actions.

(3) The identity of every complainant shall be kept confidential except to the extent necessary to carry out the investigation of the complaint.

(4) The state agency shall immediately notify the local agency that a complaint has been filed and shall obtain information about the alleged actions unless the complaint alleges civil rights discrimination.

(5) The state agency shall contact the complainant to relay what action has been taken, if any, or clarify any related policies, rules, or regulations of the WIC Program.

Source Note: The provisions of this §31.29 adopted to be effective August 5, 2001, 26 TexReg 5642; amended to be effective June 4, 2006, 31 TexReg 4428