WIC is administered by state, territory, Indian Tribal Organization, and local agencies. Do not send an individual appeal to USDA unless the notice expressly instructs you to do so.
When a fair hearing is available
Federal WIC rules require a hearing procedure when an agency action results in denial of participation, disqualification, or a claim for repayment of improperly issued benefits. Expiration of a certification period is treated differently, so read the notice and contact the agency promptly if recertification was not completed.
1. Read the adverse-action notice
Identify the decision, reason, date the notice was mailed or given, hearing deadline, filing method, and hearing office. Keep the notice, envelope, email, portal message, and any attachments.
2. Request the hearing clearly
A request is any clear expression that you, a parent, caretaker, or representative want an opportunity to present the case to a higher authority. Follow the agency's accepted method and include enough information to identify the participant and disputed decision. Do not include sensitive identifiers in ordinary email unless the agency specifically provides a secure channel.
3. Protect the deadline
The agency must allow at least 60 days from the date it mails or gives the adverse-action notice, but a jurisdiction may allow more time. Use the exact deadline on the notice and keep proof of timely delivery.
4. Ask whether benefits continue
An existing participant who appeals termination within the 15-day advance-notice period generally continues receiving benefits until the hearing decision or the end of the certification period, whichever occurs first. This continuation does not apply to an initial denial, an expired certification period, or categorical ineligibility. Confirm the case-specific status with the WIC agency.
5. Prepare for the hearing
- Ask for the rules of procedure, hearing date, format, and evidence deadline.
- Request access to the documents and records supporting the decision.
- Organize notices, appointment records, eligibility records, communications, and relevant health or nutrition evidence.
- Decide whether a representative, witness, interpreter, or disability accommodation is needed.
- Send evidence through the required channel and keep delivery proof.
Your federal hearing rights
The hearing must be accessible and conducted by an impartial official. Federal rules provide an opportunity to review agency records, be assisted or represented, bring witnesses, present arguments, question or refute testimony and evidence, and submit evidence. The agency generally must hold the hearing within three weeks of receiving the request, give at least 10 days' written notice of the hearing, and issue a written decision within 45 days.
After the decision
Read the written reasons and any further-review instructions immediately. Some systems use local-level hearings with a state appeal. If so, federal rules provide a 15-day period from mailing of the local decision to request state review. Further state review or judicial review depends on the jurisdiction.
Official sources
- 7 CFR 246.9 — WIC fair hearing procedures
- 7 CFR 246.7 — certification and advance notice
- FNA — WIC program contacts
- FNA — fair hearing procedures resource