Legal Question in Administrative Law in California

California WIC program

In a letter from the DHS (Dept. of Health Services) I was informed that my grocery store has been disqualified from participation in the CA Women, Infants and Children (WIC) Supplempental Nutrition Program for three (3) years.

The DHS noted seven (7) violations (at two separate occassions) of the terms and conditions of the program.

What's my remedy ? Is there any CA precedents ? Should I bring legal representation two the initial(informal)hearing ?

Sincerely,


Asked on 7/02/03, 2:51 am

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: California WIC program

Your question doesn't contain enough facts to allow an answer to the specific questions you asked, but it does tell me enough so I can give you some very general comments, which are:

Your next step depends upon the seriousness and the legitimacy of the alleged violations, and upon the economic importance to your business of remaining in the program.

You should review each of the alleged violations (I assume you have received a description of each; if not, request the details) to see if they are well-founded and serious.

You should decide what corrective action (if any) should be taken to prevent future violations.

You should prepare to take that action, or take it, in anticipation of getting reinstated.

You should spend money on a local lawyer IF you think the charges are unfair AND future participation in the program is important enough to you, economically, so that paying a lawyer is worthwhile.

So, the right action requires you to balance the unfairness of the accusations with the importance of staying in the program. The greater the unfairness and the greater the importance, the more the scales tip in favor of getting legal assistance.

I assume there are precedents for your situation at the administrative level, but without specifics of your case and without research I cannot tell you if any of them would be useful in arguing your case at the hearing.

Read more
Answered on 7/02/03, 1:11 pm


Related Questions & Answers

More Administrative Law questions and answers in California