Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 53 Pa.B. 8238 (December 30, 2023).

28 Pa. Code § 1103.2. Probationary authorization.

§ 1103.2. Probationary authorization.

 (a)  Criteria for probationary authorization. If during the onsite review, the store fails to meet selection criteria in §  1103.4(3), (4), (5), (6), (7) or (8) (relating to selection criteria for authorization and reauthorization), the Department will grant probationary authorization to the store for a period not to exceed 6 months when either of the following applies:

   (1)  Inadequate participant access would occur if the store is not authorized or reauthorized.

   (2)  A store is reviewed prior to opening to the public and the store has not yet stocked its dairy section or its frozen juice section.

 (b)  Reviews during probationary authorization period. If a store receives probationary authorization, the Department will conduct an unannounced onsite review during the probationary authorization period to determine whether the store is in compliance with selection criteria in §  1103.4. The Department will rescind probationary authorization and deny the store’s application to serve as a WIC authorized store if the store fails to meet one or more of the selection criteria during this review, unless extension is required under subsection (c). The Department will grant authorization or reauthorization, as applicable, if the store meets all selection criteria during the second onsite review.

 (c)  Extension of probationary authorization. If the store fails the review conducted during the probationary authorization period, and inadequate participant access exists as determined by the Department, the Department will extend probationary authorization for an additional 3 months during which time at least one representative of the store who is responsible for training store personnel on the WIC Program shall attend corrective training.

 (d)  Extended probationary authorization reviews. The Department will conduct an unannounced onsite review during the extended probationary authorization period after the store representative has attended corrective training, to determine whether the store is in compliance with the selection criteria in §  1103.4. The Department will rescind probationary authorization and deny the store’s application to serve as a WIC authorized store if the store fails to meet one or more of the selection criteria during this review. The Department will grant authorization or reauthorization, as applicable, if the store meets all selection criteria during the third and final unannounced onsite review.

 (e)  Rescission of probationary authorization. If the Department rescinds the probationary or extended probationary authorization of a store, the store is eligible to apply for authorization 6 months from the date of the Department’s rescission of probationary or extended probationary authorization.

Authority

   The provisions of this §  1103.2 amended under section 2102(g) of The Administrative Code of 1929 (71 P. S. §  532(g)).

Source

   The provisions of this §  1103.2 amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6853; amended October 3, 2003, effective October 4, 2003, 33 Pa.B. 4900. Immediately preceding text appears at serial pages (295339) to (295340).

Cross References

   This section cited in 28 Pa. Code §  1103.1 (relating to authorization and reauthorization process and requirements); and 28 Pa. Code §  1105.1 (relating to training).



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