3701-42-13 Payment for fruit and vegetable vouchers.

(A) The department shall pay for a fruit and vegetable voucher submitted by a farmer if all of the following conditions are met:

(1) The WIC transaction occurred during the valid period to redeem, as recorded on the voucher;

(2) The farmer submitted the voucher to the processing firm designated by the director and the processing firm received it within thirty days after the last day of the valid period to redeem;

(3) The amount of sale or value of the voucher is recorded in the appropriate box on the voucher at the time of the WIC transaction ;

(4) The participant or authorized alternate shopper signed the voucher in the appropriate box;

(5) The date of the WIC transaction is recorded in the appropriate box on the voucher;

(6) The authorized four-digit stamp number of the farmer site that transacted the voucher is stamped in the appropriate box;

(7) The voucher is completed in ink and does not contain any unauthorized alterations or corrections;

(8) The farmer properly and legibly executed, processed, and submitted all other required documents;

(9) The warrant is for an amount of more than two dollars; and

(10) The WIC transaction occurred during the valid contract period.

(B) If the conditions specified in paragraph (A) of this rule are met, the department shall pay the farmer the amount of the voucher or the amount recorded on the voucher, whichever is lower, within sixty days after the receipt of all legible, properly executed, and processed documents.

(C) Notwithstanding paragraph (B) of this rule, the department may pay for a voucher if

the farmer submitted a voucher to the designated processing firm more than thirty days after the valid period to redeem has expired, and the farmer justifies in writing and documents to the director's satisfaction that the failure to meet the required deadline resulted from circumstances beyond the control of the farmer . If the total value of the vouchers submitted at one time exceeds five hundred dollars, the department must obtain approval from the FNS regional office to pay for the vouchers.

(D) The department shall notify a farmer if it determines that it will not pay for a voucher based on the failure to meet the conditions specified in paragraph (A) of this rule. The farmer may request reconsideration of the department's determination not to pay for a voucher. Any request for reconsideration must be in writing and must be post-marked within thirty days of the denied payment notification.

(E) The department may deny payment or initiate claims collection action within ninety days of either the date of detection of the violation or the completion of the review or investigation giving rise to the claim, whichever is later. Claims collection action may include offset against current and subsequent amounts owed to the farmer.

(F) The department may delay payment to the farmer or establish a claim in the amount of the full purchase price of each voucher that contained an overcharge or other error. Such violations may be detected through compliance investigations, voucher reviews, or other reviews or investigations of farmer operations.

(G) Upon the department's request, a farmer shall refund to the department, within ninety days, any payments made to the farmer that later are found to be an overcharge, paid in error, or otherwise invalid because of noncompliance with paragraph (A) of this rule. At its option, the department may recover the invalid payments by withholding all or a portion of current or future payments due to the farmer. The department shall provide the farmer with notice of and an opportunity to respond to the department's determination that a payment is invalid in the same manner as prescribed by paragraph (D) of this rule for a determination not to pay for a voucher.

(H) Any payment for a voucher made by the department pursuant to paragraphs (A) to (C) of this rule does not waive the department's right to refuse payment for other vouchers at any other time or to take action pursuant to rule 3701-42-14 of the Administrative Code.

Effective: 04/01/2011
R.C. 119.032 review dates: 10/18/2010 and 04/01/2016
Promulgated Under: 119.03
Statutory Authority: 3701.132
Rule Amplifies: 3702.132
Prior Effective Dates: 10/1/2009