Code of Colorado Regulations
2500 - Department of Human Services
2506 - Supplemental Nutrition Assistance Program (SNAP)
10 CCR 2506-1 - RULE MANUAL VOLUME 4, SNAP
Section 10 CCR 2506-1-4.160 - COMPLAINT REQUIREMENTS

Universal Citation: 10 CO Code Regs 2506-1, ยง 4.160

Current through Register Vol. 47, No. 17, September 10, 2024

The local office shall be required to comply with complaint-reporting procedures set forth by the State Department. In addition, the local office shall advise any household wishing to file a complaint of the complaint procedure and assist in filing a complaint, as appropriate.

The State Department shall ensure that information concerning the complaint system, including the procedure for filing a complaint at the state or county level, is made available to client and any other interested parties. Such information shall be made available to clients and other interested parties through written materials and posters, including the relevant USDA "And Justice for All" poster. These materials shall be prominently displayed in all certification and issuance offices.

The local office shall make every effort to resolve all complaints, excluding complaints of discrimination, brought to their attention at the local level. All complainants shall be informed they have the right to contact the State Department if they are not satisfied with the action taken at the local level.

4.160.1 State Department and Local Office Responsibility

A. The State Department shall maintain records of complaints received. These records shall be obtained via submission from local offices on a frequency set forth by the State Department. These records will be reviewed on an office-by-office basis at least annually. The local office shall analyze complaint records for any potential or actual patterns of deficiencies and shall include descriptions of those patterns with its submitted materials.

Complaints lodged directly with the State Department shall be triaged by the Department. Appropriate complaints shall be referred to the relevant local office for resolution.

B. When requested by the State Department, the local office shall be responsible to respond to any complaint no later than the response date specified by the Department in the forwarded complaint. "Respond to" refers not only to acknowledgement of receipt, but also the successful completion of the resolution criteria outlined by the Department in the complaint.

C. The State-level complaint system shall include notification to the complainant, either verbally or in writing, of the action taken in resolving the complaint. Notification to the complainant shall be accomplished within the following time frames:
1. Complaints involving expedited services shall be investigated and a response provided to the complainant no later than three (3) business days following the date the complaint was received by the State Department.

2. All other complaints shall be investigated, and a response provided to the complainant no later than thirty (30) calendar days following the date the complaint was received by the State Department.

D. If a complaint can be resolved through the fair hearing process, the State Department shall advise the complainant of the process for requesting a fair hearing and offer the complainant assistance to request a fair hearing. The State Department may require the local office to provide the same offer of assistance to the complainant.

4.160.2 Non-Discrimination Complaint Requirements

State and local offices shall not discriminate against any applicant or participant in any aspect of program administration, including, but not limited to, the certification of households, the issuance of benefits, the conduct of fair hearings, or the conduct of any other program service for reasons of age, race, color, sex, disability, religious creed, national origin, political beliefs, or reprisal or retaliation for prior civil rights activity in any program or activity funded by the USDA. Discrimination in any aspect of program administration is prohibited. Local offices shall ensure that the nondiscrimination poster provided by FNS is prominently displayed. Posters may be obtained through the State Department.

The local office shall explain complaint procedures to each person expressing an interest in filing a discrimination complaint and shall advise the individual of the right to file a complaint under this procedure. Such information shall be made available within ten (10) calendar days from the date of request.

4.160.21 Discrimination Complaint Procedure

A. Individuals who believe they have been subject to discrimination may file a written complaint with the USDA, FNS national office, the local office, and/or the State Department. All complaints of alleged discrimination shall be made in writing and shall be submitted to the FNS national office.

If allegations of discrimination are made verbally, and if the complainant is unable or unwilling to put the allegations in writing, the State or county employee to whom the allegation is made shall document the complaint in writing. The person accepting the complaint shall make every effort to secure the information specified in Subsection C, below.

B. The complainant shall be advised that a complaint may be submitted to the State Department, FNS or both, and that a complaint shall not be investigated unless information specified in items C, 2, through C, 4, below, is provided. In addition, the complainant shall be advised that a complaint must be filed no later than one hundred eighty (180) calendar days from the date of the alleged discrimination. The local office shall date stamp or otherwise note the date the complaint is received by the office.
1. Complaints directed to the FNS national office shall be addressed to: U.S. Department of Agriculture, Director, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue, S.W., Washington, D.C. 20250-9410; Fax: (202) 690-7442; Email: program.intake@usda.gov.

2. Complaints directed to the State Department shall be addressed to: Colorado Department of Human Services, SNAP, 1575 Sherman St., Denver, CO 80203.

C. The complaint shall include the following information to facilitate investigations to be considered complete:
1. The name, address, and telephone number or other means of contacting the person alleging discrimination;

2. The location and name of the office which is accused of discriminatory practices;

3. The nature of the incident or action, or the aspect of Program administration that led the person to allege discrimination;

4. The reason for the alleged discrimination;

5. The name(s) and title(s), if appropriate, of person(s) who may have knowledge of the alleged discriminatory act; and

6. The date(s) on which the alleged discriminatory action(s) occurred.

4.160.22 Disposition of Discrimination Complaints

When the local office receives a complaint of alleged discrimination and obtains a complete discrimination complaint, it shall transmit a copy of the complaint to the FNS national office and/or the State Department within five (5) working days. The State Department shall file the complaint with the FNS national office on behalf of the complainant if the local office does not file the complaint with the FNS national office.

Disclaimer: These regulations may not be the most recent version. Colorado may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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