(a)  WIC program benefits shall be continued during the appeal of the following actions when the request for a hearing is received within 15 days of notification of the action:

(1)           disqualification from the program for abuse during a certification period;

(2)           determination of ineligibility during a certification period due to categorical ineligibility or residential ineligibility; or

(3)           other terminations during a certification period.

(b)  WIC program benefits shall not be continued when a fair hearing is requested:

(1)           in any of the situations in Paragraph (a) of this Rule if the request is made more than 15 days after the date of notification; or

(2)           by applicants who are denied benefits at the initial or subsequent determination of WIC eligibility if the previous certification period has expired.

(c)  When benefits are continued due to a request for a fair hearing as specified above, the individual shall continue to receive benefits until an adverse hearing decision is reached or the certification period expires, whichever occurs first.


History Note:        Authority G.S. 130A‑361; 150B‑22; 7 C.F.R. 246.9; 42 U.S.C. 1786;

Eff. July 1, 1981;

Temporary Amendment Eff. July 1, 2002;

Amended Eff. July 1, 2004;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. December 23, 2017.