CONTRACT VIOLATIONS AND APPLICABLE SANCTIONS Sample Clauses

CONTRACT VIOLATIONS AND APPLICABLE SANCTIONS. Parties to this contract agree to the following provisions regarding contract violations and sanctions for contract violations: 1. The State Agency may disqualify a vendor or impose a Civil Money Penalty (CMP) for contract violations. The State Agency shall give a fifteen (15) day notice before imposing a sanction, except for the sanction of permanent disqualification as a result of a conviction of trafficking or other illegal sales of WIC benefits, in which case the State Agency must take immediate action upon receipt of the sanction notice by the vendor. 2. The State Agency shall disqualify a vendor from the WIC program who is disqualified from the USDA Supplemental Nutrition Assistance Program (SNAP) unless inadequate client access is determined. Vendor disqualifications as a result of disqualification from SNAP are not subject to administrative review, fair hearing or judicial appeal. A disqualification from the WIC program as a result of disqualification from the SNAP shall be for the same length of time and may begin at a later date than the SNAP disqualification. 3. Disqualification from the WIC program may also result in the vendor’s disqualification from SNAP. Such disqualification is not subject to administrative or judicial appeal under the SNAP. The State Agency shall notify the Food and Nutrition Service, United States Department of Agriculture, of all WIC disqualifications and CMP’s. 4. The State Agency shall sanction vendors based on the contract violations described in the Kansas WIC Vendor Manual. As an alternative to a standard sanction, the State Agency may impose a CMP when it is determined that limiting client access to a WIC vendor would be unacceptable to the program. The State Agency shall not give a CMP for a third or subsequent violation. A third or subsequent violation will result in the required sanction. 5. The State Agency shall not accept a vendor’s voluntary withdrawal from the WIC program or the non-renewal of a vendor’s contract as an alternative to imposing sanctions. 6. The determination of whether or not a pattern of violations exists is made by the State Agency. Generally, a “pattern” is defined as two to three replications of the same violation. 7. The State Agency will notify a vendor in writing of the initial occurrence of a violation if that violation requires a pattern of occurrences before imposing a sanction against the vendor. This notification will occur before imposing a sanction unless notification would com...