Authority: IC 16-35-1.5-6

Affected: IC 16-35-1.5

Sec. 1. (a) The department shall permanently disqualify a WIC vendor convicted of either of the following:

1. (1) Trafficking in food instruments.

2. (2) Selling:

   1. (A) firearms;
   2. (B) ammunition;
   3. (C) explosives; or
   4. (D) controlled substances, as defined in Section 102 of the Controlled Substances Act (21 U.S.C. 802);
3. in exchange for food instruments.

(b) A WIC vendor is not entitled to receive any compensation for revenues lost as a result of such violation.

(c) The department may impose a civil money penalty in lieu of a disqualification for this violation when the department determines that:

1. (1) disqualification of the WIC vendor would result in inadequate participant access; or

2. (2) the WIC vendor had, at the time of the violation, an effective policy and program in effect to prevent trafficking, and the ownership of the WIC vendor:

   1. (A) was not aware of;
   2. (B) did not approve of; and
   3. (C) was not involved in;
3. the conduct of the violation.

(Indiana Department of Health; 410 IAC 3.6-4-1; filed Apr 24, 2006, 3:00 p.m.: 29 IR 2993; readopted filed Jul 12, 2012, 12:09 p.m.: 20120808-IR-410120265RFA; readopted filed Sep 26, 2018, 2:48 p.m.: 20181024-IR-410180328RFA; readopted filed Nov 14, 2024, 1:24 p.m.: 20241211-IR-410230798RFA)