(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 shall be in accordance with 7 CFR 246.9 and applicable sections of the "1990 State Plan for Montana's Special Supplemental Food Program for Women, Infants and Children (WIC) " (October 1989 edition) , a comprehensive summary of applicable federal regulations, procedures, and forms used by the department.
(3) The department hereby incorporates herein 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 "1990 State Plan for Montana's Special Supplemental Food Program for Women, Infants and Children (WIC) " (October 1989 edition) , a comprehensive summary of applicable federal regulations, procedures, and forms used by the department.
(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 & Children (WIC) , P.O. Box 202951, Helena, MT 59620-2951.