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37.59.109    PROGRAM ADMINISTRATION AND GUIDANCE

(1) As the state agency to which the USDA has delegated the administration of the WIC program, the department is responsible for the effective and efficient administration of the program in accordance with the USDA program regulations set forth in 7 CFR Part 246, USDA's regulations governing the WIC program; 7CFR Part 15, subparts A and B, USDA's regulations governing nondiscrimination; and 7 CFR Part 3015, USDA's regulations governing the administration of grants.

(2) In addition to the documents referred to in (1) above, the department, as the state agency to which the USDA has delegated the WIC program, also receives numerous policies, forms, guidelines, and instructions from the USDA food and nutrition service (FNS) issued under the FNS directives management system. The department has assembled such policies, forms, guidelines, and instructions (and the state forms and guidelines required by such directives) into three department documents:

(a) the "1990 State Plan for Montana's Special Supplemental Food Program for Women, Infants and Children (WIC) " (October 1989 edition) , which is a comprehensive summary of applicable federal regulations (all of which are elsewhere incorporated in this chapter) , procedures, and forms used by the department, and which is distributed to each participating local agency and is to be followed by each local agency in administering the program; and

(b) "Guidelines on Management and Operations of the WIC Program in Montana" (January 1988 edition) , a series of instructions, guidelines, and interpretations developed by the USDA and periodically received by the department, to which the department refers in resolving management issues under the WIC program, including but not limited to financial management issues.

(3) The department hereby adopts and incorporates herein by reference the following:

(a) 7 CFR Part 246, which are USDA regulations governing the WIC program;

(b) 7 CFR Part 15, subparts A and B, which are USDA regulations governing nondiscrimination;

(c) 7 CFR Part 3015, which are USDA regulations governing the administration of grants; and

(d) the "1990 State Plan for Montana's Special Supplemental Food Program for Women, Infants and Children (WIC) " (October 1989 edition) , which is a department handbook setting forth procedures, practices, and forms used for the implementation of the federal WIC program in Montana.

(e) Copies of these materials 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.

History: Sec. 50-1-202, MCA; IMP, Sec. 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.

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