Current through August, 2024
(a) The department shall not discriminate
against an applicant or recipient in any aspect of program administration:
(1) Including but not limited to
certification of households, issuance of coupons, and conduct of fair hearings
or any other program service for reasons of age, race, color, disability, sex,
religious creed, national origin, or political beliefs; and
(2) As prohibited by the Food Stamp Act of
1977 (
7 U.S.C.
§§2011 -
2027
), the Age Discrimination Act of 197.5 (
42 U.S.C.
§§6101 -
6107) , the
Rehabilitation Act of 1973 (
29 U.S.C.
§794) , and Title VI of the Civil Rights
Act of 1964 ( 42 U.S.C. §2000 d). Enforcement action may be brought under
any applicable federal law. Title VI complaints shall be processed in
accordance with the nondiscrimination provisions of part 15 of the Code of
Federal Regulations.
(b)
The following complaint procedure shall be followed by persons aggrieved by
alleged discriminatory acts :
(1) Individuals
may file a complaint with the Secretary of Agriculture or the Administrator of
FNS, Washington, D.C. 20250, or with the department; and
(2) A complaint shall be filed no later than
one hundred eighty days from the date of the alleged discrimination. However,
the time for filing may be extended by the Secretary of USDA. The branch shall
accept all complaints of discrimination, written or verbal, and shall forward
them promptly to the SNAPO to be submitted to the Secretary or the
Administrator, FNS.
(c)
The following information on complaints shall be provided to facilitate
investigations:
(1) Name, address, and
telephone number or other means of contacting the complainant;
(2) Location and name of the entity
responsible for providing service, which is accused of discriminatory
practices;
(3) The nature of the
incident, action, or the aspect of program administration which is alleged to
harm an applicant, recipient, or the individual making the complaint;
(4) The basis for which the individual
alleges discrimination exists;
(5)
Names, titles, and addresses of persons who may have knowledge of the alleged
discriminatory acts; and
(6) The
date or dates on which the alleged discriminatory acts occurred.
(d) If an individual verbally
alleges that a discriminatory act was committed, and the individual refuses or
is reluctant to put the complaint in writing, the person receiving the
complaint shall document the complaint in writing. Every effort shall be made
by the person accepting the complaint to have the complainant provide the
Information specified above. Written complaints shall be accepted by the
Secretary or the Administrator even if the above Information is not complete.
Persons who file written complaints shall be encouraged to provide this
Information to facilitate investigation. Investigations shall be conducted as
long as Information requested under subsection (c)(2), (3), and (4) is
provided. Civil rights complaints shall be resolved by FNS civil rights staff
members together with the office of equal opportunity.
(e) Notification to the public shall include:
(1) The USDA nondiscrimination poster,
"...and Justice for All" prominently displayed in the unit Offices;
(2) Applicants, recipients, and other low
income households provided access to nondiscrimination and complaint procedures
within ten days of a request; and
(3) The department staff publicizing the
procedure for handling discrimination complaints and explaining the complaint
System to each individual who is interested in filing a complaint. Each
individual may file a complaint with either FNS, the department, or
both.
