(1) An individual who has been denied participation or been disqualified from the program by the local agency may request a fair hearing by contacting either the local agency or the department no later than 60 days after the local agency's adverse action has been communicated to the individual.

(2) The processing of such requests and the conduct of such hearing is in accordance with 7 CFR 246.9 and applicable sections of the state plan.

(3) The department incorporates by reference the following:

(a) 7 CFR 246.9, which is a federal agency rule setting forth fair hearing procedures for individuals who are denied participation or disqualified from the program; and

(b) the fair hearing requirements of the state plan.

(c) Copies of the above documents may be obtained from the Department of Public Health and Human Services, Special Supplemental Nutrition Program for Women, Infants, and Children (WIC), P.O. Box 202951, Helena, MT 59620-2951.

History: 50-1-202, MCA; IMP, 50-1-202, MCA; NEW, 1988 MAR p. 1528, Eff. 7/15/88; AMD, 1990 MAR p. 227, Eff. 1/26/90; TRANS, from DHES, 2001 MAR p. 982; AMD, 2013 MAR p. 1852, Eff. 10/18/13