- A. Prior to taking disqualification actions against an authorized retailer, the state agency shall complete a participant access assessment (7 CFR 246.12). This type of assessment is completed for denied authorizations if an informal settlement meeting or full administrative review is requested by a retailer applicant. Participant convenience is not a valid consideration for the state agencies in making any adequate access decisions.
- B. Participant access will be a factor considered by the state agency in deciding if a retailer shall be assessed a civil monetary penalty in lieu of disqualification or when a retailer applicant is eligible as an authorization exception.
- C. The state agency shall use the same criteria established for making authorization exceptions in deciding if adequate participant access exists.
- D. The participant access analysis completed by the state agency contains confidential information. A copy of this internal work document shall not be given to retailers or their representatives.
Statutory Authority
§ 32.1-12 of the Code of Virginia; 7 CFR Part 246.
Historical Notes
Derived from Virginia Register Volume 24, Issue 19, eff. May 26, 2008; amended, Virginia Register Volume 25, Issue 22, eff. July 6, 2009; Volume 29, Issue 12, eff. March 13, 2013.