(410 ILCS 255/1)

(from Ch. 111 1/2, par. 7551)

Sec. 1.

This Act may be cited as the

WIC Vendor Management Act.

(Source: P.A. 86‑138; 86‑1475.)

(410 ILCS 255/2)

(from Ch. 111 1/2, par. 7552)

Sec. 2.

The purpose of this Act is to establish the statutory authority for the authorization, limitation, education and compliance review of WIC retail vendors by the Department of Human Services, and to enable the Department to carry out its responsibilities for fiscal management and accountability for the food delivery system under its jurisdiction.

(Source: P.A. 89‑507, eff. 7‑1‑97.)

(410 ILCS 255/3)

(from Ch. 111 1/2, par. 7553)

Sec. 3.

As used in this Act, unless the context otherwise requires:

(a) "Department" means the Illinois Department of Human Services.

(b) "Women, Infants and Children nutrition program" and "WIC" mean the federal Special Supplemental Food Program for Women, Infants and Children created by federal Public Law 92‑433, as amended.

(Source: P.A. 89‑507, eff. 7‑1‑97.)

(410 ILCS 255/4)

(from Ch. 111 1/2, par. 7554)

Sec. 4.

The Department shall establish criteria and procedures, consistent with federal requirements, whereby retail food establishments may apply to become retail food vendors under the WIC program.

(Source: P.A. 86‑138.)

(410 ILCS 255/5)

(from Ch. 111 1/2, par. 7555)

Sec. 5.

(a) The Department shall establish criteria for the authorization, education, geographic distribution and number of WIC retail vendors.

(b) The Department shall establish criteria for the minimum number of educational activities a vendor must attend. Such education shall include, but shall not be limited to, standards for the acceptance of food vouchers from clients and the standards for the submission of said vouchers for payment.

(Source: P.A. 86‑138.)

(410 ILCS 255/6)

(from Ch. 111 1/2, par. 7556)

Sec. 6.

Vendor compliance with law.

(a) The Department shall develop a system for monitoring the operations of all WIC retail food vendors to ensure compliance with federal and State laws and rules governing the WIC program.

(b) The Department shall review the alleged violations of the federal and State laws and the rules promulgated thereunder.

(c) The Department shall develop, by rule, a system of monetary penalties and other sanctions for any vendor, former vendor, individual, firm, corporation, partnership, sole proprietorship, association, commercial enterprise, business entity, or legal entity determined to be in violation of this Act or program regulations. The level and severity of the sanctions shall be consistent with the type and frequency of violations, and may include, but shall not be limited to, suspension or termination from the program as well as monetary penalties.

(Source: P.A. 91‑691, eff. 4‑13‑00.)

(410 ILCS 255/7)

(from Ch. 111 1/2, par. 7557)

Sec. 7.

USDA Women, Infants and Children Fund.

(a) The moneys received by the Department as training fees or monetary penalties under this Act shall be deposited into the USDA Women, Infants and Children Fund.

(b) (Blank)

(c) Upon the completion of any audit of the Department as prescribed by the Illinois State Auditing Act, which audit includes an audit of the USDA Women, Infants and Children Fund, the Department shall make a copy of the audit open to inspection by any interested person, which copy shall be submitted to the Department by the Auditor General, in addition to the copies of audit reports required to be submitted to other State officers and agencies by Section 3‑14 of the Illinois State Auditing Act.

(Source: P.A. 91‑691, eff. 4‑13‑00.)

(410 ILCS 255/8.1)

Sec. 8.1.

Validation.

All otherwise lawful actions taken and expenditures made before the effective date of this amendatory Act of the 91st General Assembly in reliance on the provisions of this Act included in Public Act 88‑680 are hereby validated.

(Source: P.A. 91‑691, eff. 4‑13‑00.)

(410 ILCS 255/8)

(from Ch. 111 1/2, par. 7558)

Sec. 8.

Rules.

(a) The Department shall promulgate such rules as it deems necessary to carry out its responsibilities under this Act and under relevant federal laws and regulations. Such rules shall include provisions governing the administrative appeal process for any vendor, former vendor, individual, firm, corporation, partnership, sole proprietorship, association, commercial enterprise, business entity, or legal entity that accepts Food Instruments or receives credit or payment for Food Instruments and that is subject to sanctions for violations of this Act or the rules promulgated thereunder. If there is a conflict between the provisions relating to penalties and the conduct of administrative hearings under this Act and federal law, the provisions of federal law shall prevail.

(b) The provisions of the Illinois Administrative Procedure Act are hereby expressly adopted and shall apply to all administrative rules and procedures of the Department under this Act, except that in case of conflict between the Illinois Administrative Procedure Act and this Act the provisions of this Act shall control, and except that Section 5‑35 of the Illinois Administrative Procedure Act relating to procedures for rule‑making does not apply to the adoption of any rule required by federal law in connection with which the Department is precluded by law from exercising any discretion.

(Source: P.A. 91‑691, eff. 4‑13‑00.)

(410 ILCS 255/9)

(from Ch. 111 1/2, par. 7559)

Sec. 9.

Final administrative decisions after hearing shall be subject to judicial review exclusively as provided in the Administrative Review Law, as now or hereafter amended, except that any petition for judicial review of Department action under this Act shall be filed within 15 days after receipt of notice of the final agency determination. The term "administrative decision" has the meaning ascribed to it in Section 3‑101 of the Code of Civil Procedure.

(Source: P.A. 86‑138.)