Valesky's Market v. Department of Health

JIULIANTE, Senior Judge.

Valesky’s Market (Petitioner) petitions for review from a January 10, 2001 order of a Hearing Examiner for the Department of Health (Department) that affirmed the July 19, 2000 decision of the Department’s Division of Special Food Programs to deny Petitioner’s application to participate in the Special Supplemental Nutrition Program for Women, Infants and Children (WIC Program). 1 , 2 According to the WIC regulations at issue, a WIC authorized store “shall serve or reasonably expect to serve at least 25 participants per month” and “may not have stale-dated allowable…